SECURING
`OUR
`FUTURES
`
`“This is the task at hand, to move together toward a more perfect union...
`And when we do, we’ll always be able to say, the the State of Indian Nations is
`strong, and the future prosperity of America is secure.”
`- Jefferson Keel, NCAI President, State of Indian Nations Address 2013
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`NCAI is releasing a Securing Our Futures report in conjunction with the 2013 State of Indian Nations. This report shows
`areas where tribes are exercising their sovereignty right now, diversifying their revenue base, and bringing economic
`success to their nations and surrounding communities. The path to securing our future – from education to food security,
`climate change to workforce development – is illuminated by the proven success of tribal nations. While the circumstances
`of each tribal nation are unique, the promising practices contained in the report offer a way forward to secure tribal
`economies and sustain prosperity for future generations.
`
`Throughout the report, you will note quotes and themes from the 2013 and past State of Indian Nations speeches.
`
`In the new era of nation-to-nation engagement between tribes and the federal government, tribal nations are increasingly
`pursuing strategies that enhance economic security and build prosperity for their communities. The economic impact of
`tribes is increasingly measured in the millions (even billions) and many communities rely on tribes as major employers for
`Native and non-Native citizens. What distinguishes these successes from previous economic development strategies is that
`these strategies are pursued without dependence on the federal government.
`
`This document outlines an array of promising practices where tribes are taking control of their own future. From education
`to food security, renewable energy to workforce development, tribes are determining their own futures and building
`sustainable prosperity. As President Keel says, tribes that were once managing poverty are now managing resources.
`
`These exciting developments should not obscure the work that remains undone. Unemployment and poverty in Indian
`Country are still unacceptably high. Improving basic infrastructure is a prerequisite to lasting economic success. Native
`people need equal (and universal) access to reliable, affordable broadband.
`
`However, it is important to balance the stark inequities faced by Native people with the promising future that is indicated by
`other data. Education outcomes are improving for the growing number of Native young people (42 percent of Native people
`are under the age of 25). Native-owned businesses (both those owned by tribes and Native citizens) are growing and
`generating more revenue, creating jobs at home, throughout the nation, and around the world.
`
`Policy developments of the past few years have created a federal policy environment that is more conducive to tribal
`economic success. Landmark legislation to improve health outcomes and advance public safety was passed. Historic
`settlements were reached. Tribes were included in national policy to support economic recovery and financial security.
`New policy and legislation was implemented to streamline leasing and business development.
`
`On the threshold of sustained prosperity, tribes also face significant risks as the nation continues to consider the
`appropriate role and size of the federal government. While tribes must continue to urge the federal government to meet the
`obligations of the trust responsibility, relying on the federal government to build a strong economic future for tribal nations
`is a strategy that carries immense risk.
`
`The path forward is illuminated by the proven success of tribal nations. While the circumstances of every tribal nation are
`unique, the promising practices contained in this document offer a path forward to secure tribal economies and sustain
`prosperity for future generations.
`
`REPORT RELEASED: FEBRUARY 2013
`SUGGESTED CITATION: NATIONAL CONGRESS OF AMERICAN INDIANS. (2013) SECURING OUR FUTURES. WASHINGTON, DC: AUTHOR.
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`Table of Contents
`
`Challenges and Opportunities for Securing Our Futures .................................................................................................................... 4
`
`Economic Conditions Improve In Indian Country ...................................................................................................................................... 4
`
`Federal Government Fiscal Challenges Impact Tribal Nations .............................................................................................................. 4
`
`Policy Gains Lay a New Foundation .............................................................................................................................................................. 5
`
`American Recovery and Reinvestment Act ............................................................................................................................................... 5
`
`Tribal Law and Order Act ...............................................................................................................................................................................6
`
`HEARTH Act and Leasing Reform ..................................................................................................................................................................6
`
`Indian Health Care Improvement Act – Affordable Care Act ................................................................................................................. 7
`
`Tribal Trust Settlements ................................................................................................................................................................................ 7
`
`Tribal Amendments to the Stafford Act ...................................................................................................................................................... 7
`
`Promising Developments ................................................................................................................................................................................ 8
`
`Tribes are Major Economic Force ............................................................................................................................................................... 8
`
`Tribal Governments Lead the Way to Strong Tribal Economies ............................................................................................................9
`
`Studies Focus on Vision of Prosperous Future ....................................................................................................................................... 10
`
`Promising Practices for Strong Tribal Economies ........................................................................................................................................ 11
`
`Securing Financial Success .......................................................................................................................................................................... 11
`
`Financial Education .................................................................................................................................................................................... 11
`
`Access to Capital ........................................................................................................................................................................................ 11
`Developing and protecting our 7th Generation Workforce ....................................................................................................................12
`
`Education.....................................................................................................................................................................................................12
`
`Workforce Development ..........................................................................................................................................................................12
`
`Employment law ........................................................................................................................................................................................ 13
`
`Enhancing Our Security................................................................................................................................................................................ 13
`
`Food and Agriculture ............................................................................................................................................................................... 13
`
`Housing ........................................................................................................................................................................................................14
`
`Managing our Resources ..............................................................................................................................................................................14
`
`Natural Resource Management..............................................................................................................................................................14
`
`Energy ......................................................................................................................................................................................................... 15
`
`Inspiring Innovation ...................................................................................................................................................................................... 16
`
`pg. 2
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`New Ideas in Management ...................................................................................................................................................................... 16
`
`Telecommunications and Technology .................................................................................................................................................. 16
`
`Growing Businesses ....................................................................................................................................................................................... 17
`
`Tribal Enterprises and Native Businesses ........................................................................................................................................... 17
`
`Intertribal Business ................................................................................................................................................................................. 18
`
`International Business ............................................................................................................................................................................ 18
`
`“This is the task at hand, to move together toward a more perfect
`union. To strengthen our trust relationship with the United
`States….Tribal nations have worked with the United States to
`uphold this promise. That trust, ultimately, is the principle that
`must guide us—all of us—as we go forward and do right by all of
`our children and grandchildren. And when we do, we’ll always
`be able to say, the the State of Indian Nations is strong, and the
`future prosperity of America is secure.”
`
`- Jefferson Keel, State of Indian Nations 2013
`
`pg. 3
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`Challenges and Opportunities for Securing Our Futures
`
`“Today, more tribes are managing resources instead of managing
`poverty programs.”
`
`ECONOMIC CONDITIONS IMPROVE IN INDIAN COUNTRY
`
`Over the last 30 years, Indian Country has experienced significant economic growth as measured by average
`individual and tribal incomes. The growth is substantial. Although poverty for tribal citizens on reservation and
`trust land is more than two-and-a-half times higher than for the total population, poverty declined from 2000 to
`the 2006-2010 period by almost three percentage points on reservations, while increasing for the entire nation.
`Similarly, unemployment, as measured by the Census, decreased on reservations over the same time period; but,
`with 18.8 percent of the Native civilian labor force still unemployed on reservations, the rate remains more than
`two times as high as the unemployment rate for the total population.
`
`Meanwhile, tribal citizens have witnessed progress in addressing some of the most basic infrastructure disparities
`since 2000. In Alaska, 38 percent of tribal households in Native Village Statistical Areas lacked complete plumbing,
`33 percent had an incomplete kitchen, and 34 percent were overcrowded in 2000. By the 2006-2010 period
`estimate, incomplete plumbing dropped by a third to 25 percent, complete kitchens increased by 13 percentage
`points, and the number of homes lacking a telephone was cut nearly in half. Similar advances in infrastructure
`occurred on reservation lands, but in every Census housing indicator, considerable gaps persist. For example, the
`percentage of reservation homes lacking complete plumbing is 17 times the national percentage.
`
`Many factors give cause for hope in Indian Country for creating economic security and prosperity. The number of
`American Indian- and Alaska Native-owned businesses increased 17.9 percent from 2002 to 2007; total receipts of
`these businesses were $34.5 billion, up 28.3 percent from 2002. Tribal enterprises and Native individual-owned
`businesses were included in the 2002 data but tribal enterprises were not included in the most recent study in
`2007. This raises the question of significantly undercounting the growth of American Indian and Alaska Native
`businesses.
`
`Tribal economies still have a long way to go. But the overall trend is positive and substantial.
`
`FEDERAL GOVERNMENT FISCAL CHALLENGES IMPACT TRIBAL NATIONS
`
`Federal spending on Indian programs – far and away the dominant source of outside support for reservations – has
`been flat or falling since the late 1970s (Walke 2000). And given the current fiscal challenges confronting the
`United States with federal budget deficits projected to grow, federal spending on tribal programs, as investments
`in the domestic discretionary portion of the budget, is slated for deep cuts.
`
`pg. 4
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`Congress is considering ways to address the remaining FY 2013 spending bills, sequestration, and the FY 2014
`budget, and NCAI urges policymakers to protect investments for tribal nations while Congress looks to reduce the
`deficit. The approach to deficit reduction has so far been unbalanced. Discretionary programs have contributed
`$1.5 trillion in spending cuts from the Fiscal Year 2011 Continuing Resolution, the bipartisan Budget Control Act,
`and the bipartisan American Taxpayer Relief Act, while revenues have contributed just $600 billion. Additional cuts
`in discretionary programs would put the health, education, safety, and security of all Americans at risk.
`
`Already working to recover from decades of unmet investment requirements and facing persistent shortfalls, the
`Indian Country Budget Request for FY 2014 highlights funding required to uphold the federal government’s
`responsibility to tribal nations. Tribes would experience unsustainable cuts under the proposed sequestration.
`Tribal programs, as part of the discretionary budget, have already done their part to reduce the deficit through the
`bipartisan Budget Control Act. Continued cuts will have severe consequences for every tribal citizen. Tribes urge
`the President and Congress to uphold the solemn promises of the trust responsibility throughout the federal
`budget in FY 2013 and future years.
`As the nation continues to debate the appropriate role and size of the federal government and how best to foster
`a stronger American economy, Indian Country remains committed to the work of rebuilding and shoring up tribal
`societies, bolstered with the tools of self-determination and self-government.
`
`Policy Gains Lay a New Foundation
`
`“We will continue working with the Congress and our
`federal partners to fix these policies so that the economies of
`Indian Country grow, and become a source of strength in
`our family of nations.”
`
`
`Tribes have transformed over the past 40 years in part as a result of federal policies that support self-
`determination and self-governance. Over the past 5 years tribal nations’ successful advocacy efforts continue to
`result in policies that take self-determination and self-governance to another level. The sampling of recent laws,
`regulations and policy reforms described below provide tribal nations with tremendous potential to promote
`economic security and prosperity. While adequate appropriations to support the full implementation of the
`legislation mentioned below may be under threat, tribal governments are able to take advantage of provisions in
`the laws, regulations and policy reform to move their nations forward.
`
`AMERICAN RECOVERY AND REINVESTMENT ACT
`
`The American Recovery and Reinvestment Act of 2009 (Recovery Act) provided nearly $3.0 billion of wide-ranging
`investments in Indian Country to develop and maintain infrastructure in Indian Country’s schools, homes, tribal
`government buildings, roads and bridges, water and waste water facilities, public safety buildings, health facilities,
`emergency and broadband networks, natural resource development and energy independence. In addition to the
`$3.0 billion, tribes were eligible for some general funding allocations. The Recovery Act also included changes to
`various provisions in existing law for tribes to be treated as other governments.
`
`
`
`pg. 5
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`The Recovery Act consisted of an unprecedented one-time investment in Indian Country, albeit not coming close
`to the $50 billion unmet need for infrastructure on reservations. This investment has not yet reaped its full
`potential to stimulate and be a foundation for longer term economic activity but has built an important
`foundation.
`
`TRIBAL LAW AND ORDER ACT
`
`The Tribal Law and Order Act (TLOA) was signed into law in 2010 after years of effort by a broad representation of
`tribal leaders. The Act offers a great opportunity to improve the justice systems in Indian country, but
`implementation will require significant coordination among federal agencies and all components of tribal justice
`systems. Highly-functioning law enforcement and basic police protection are fundamental priorities of any
`government; tribal governments are no different. Tribes have some of the most valuable resources in the nation –
`natural and human—and tribal lands are prime locations for new business ventures and economic development.
`Yet, issues of perceived safety on the reservation continue to hinder successful growth of tribal economies.
`
`As a result of the TLOA, plans are now taking shape for some tribes to work closely with federal partners to
`prosecute crimes in Indian country, where crime rates are more than double the national average -- and up to 20
`times the national average on some reservations. And still other tribes are adopting new criminal codes according
`to TLOA standards. Although federal investment is critical, low-cost or no cost efforts are already being
`implemented by tribes to address public safety and promote economic security on the reservation.
`
`HEARTH ACT AND LEASING REFORM
`
`Two significant policy successes that will provide substantial opportunities to secure the future of tribal nations
`were enacted in 2012. The passage in July 2012 of the Helping Expedite and Advance Responsible Tribal
`Homeownership or HEARTH Act promotes greater tribal self-determination and will help create jobs in Indian
`Country. And in November 2012, the Department of the Interior announced final regulations that will streamline
`the leasing approval process on tribal lands, spurring increased homeownership, and expediting business and
`commercial development, including renewable energy projects.
`
`Under the HEARTH Act, federally recognized tribes can develop and implement their own regulations governing
`certain leasing on tribal lands. Upon Secretarial approval of these tribal regulations, tribes will have the authority
`to process land leases without Bureau of Indian Affairs (BIA) approval. This new authority has the potential to
`significantly reduce the time it takes to approve leases for homes and small businesses in Indian Country. By
`allowing tribes to more quickly and easily lease their lands, the bill promotes investment in tribal communities and
`more broadly facilitates economic development.
`
`The leasing regulations finalized in November 2012, complement and help to implement the HEARTH Act, which
`allows federally recognized tribes to assume greater control of leasing on tribal lands. The new regulations will
`fundamentally change the way the BIA does business, in many ways by minimizing BIA’s role and restoring greater
`control to tribal governments. Tribal governments have only just begun to capitalize on these new policies that
`offer immense potential \to stimulate economic activity.
`
`
`
`pg. 6
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`INDIAN HEALTH CARE IMPROVEMENT ACT – AFFORDABLE CARE ACT
`
`The Affordable Care Act (ACA) was passed in 2009 and puts into place comprehensive health insurance reforms
`that will hold insurance companies more accountable, lower health care costs, guarantee more health care
`choices, and enhance the quality of health care for all Americans.
`
`This law included permanent reauthorization of the Indian Health Care Improvement Act (IHCIA), which brought
`the entire Indian Health Service (IHS) system, including tribal and urban programs and clinics, into the new system
`of health care delivery. Successful and seamless implementation of the ACA will increase health care access for
`American Indians and Alaska Natives, support the IHS system of care, broaden services provided in rural
`communities, and strengthen an integral network of providers. In addition, the Administration has proposed and
`supported improvements in tribal prevention. These programs are designed to be tribally driven, culturally
`sensitive, and locally provided.
`
`Although much of the ACA will not be implemented until 2014, proactive tribes are already working to increase
`their public insurance enrollment under the Children’s Health Insurance Program and Medicaid, streamline the
`billing and business processes, and consider their obligations for health insurance as employers.
`
`TRIBAL TRUST SETTLEMENTS
`
`In April 2012, the federal government settled trust claims with more than 40 tribes for $1.023 billion. These
`settlements resolve claims dating back more than 100 years and bring to an end protracted litigation that has
`burdened both the plaintiffs and the United States. Ending these long-running disputes about the United States’
`management of trust funds and non-monetary trust resources will allow the United States and the tribes to move
`beyond the distrust exacerbated by years of litigation. These settlement agreements represent a significant
`milestone in the improvement of the United States’ relationship with Indian tribes. There are an estimated 60
`tribal trust claims cases in the pipeline that may be settled in the near future. Proceeds from these settlements
`are being used by the tribes for a variety of investments to promote economic prosperity including purchases of
`land, construction of tribal buildings, financial investments, and per capita payments to tribal citizens.
`
`TRIBAL AMENDMENTS TO THE STAFFORD ACT
`
`The Stafford Disaster Assistance Act was amended in 2013 allowing tribal nations direct access to federal disaster
`relief. This legislative change to the Stafford Act will provide federally recognized tribal governments the option to
`choose whether to make a request directly to the President for an emergency or major disaster declaration, or to
`receive assistance, as they do presently, through a declaration for a state. This amendment to the Stafford Act
`strengthens the government-to-government relationship between Federal Emergency Management Agency
`(FEMA) and federally recognized tribes, and will enhance the way FEMA supports tribal communities before,
`during, and after disasters.
`
`Fully implementing this historic provision will require consultation with tribes and other stakeholders, particularly
`as FEMA develops the administrative and programmatic requirements and procedures necessary to execute the
`law. The provision will allow tribes to receive much needed federal assistance in the event of disasters.
`
`
`
`pg. 7
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`Promising Developments
`
`“And as we are revitalizing our own economies, tribes are
`becoming key players in America’s economic recovery.”
`
`
`
`TRIBES ARE A MAJOR ECONOMIC FORCE
`
`Over the past two decades tribal economic systems have changed dramatically – becoming more diverse and less
`dependent on federal dollars. As tribes have exercised self-determination and self-governance, tribal economies
`have seen increases in tribally-owned enterprises and individual citizen-owned enterprises, both serving local and
`off-reservation markets. As tribal economies grow and become more diverse, they are also diverging from each
`other. No longer reliant on federal resources only, tribes are developing their own revenue sources based on their
`own unique assets and opportunities.
`
`The increasing contributions of tribes demonstrate that in many locations tribal nations are a major economic
`force. In four recent statewide economic impact studies, tribes in Oklahoma, Washington, Idaho, and Minnesota
`demonstrate the magnitude and growing diversity in tribal economies.
`
`
`
` The 38 tribal nations in Oklahoma have a $10.8 billion impact on the state every year, supporting an
`estimated 87,000 jobs, or five percent of all jobs in the state.
`
`In Washington state, the 29 tribal nations employ more than 27,300 in tribal government, pay more than
`$1.3 billion annually in employee wages and benefits, buy more than $2.4 billion annually in goods and
`services from private companies, and generate more than $255 million annually in state and local taxes.
`Finally, $3.5 billion of the total gross state product can be attributed to the activity on American Indian
`reservations.
`
` The five tribal nations in Idaho support more than 10,600 jobs, generate sales in excess of $870 million
`annually in from tribal economic activity, and raised state gross product by $493 million, or one percent.
`
`In Minnesota, spending by the 11 tribal nations was responsible for $2.75 billion in economic activity
`statewide, supporting 41,700 jobs and $1.35 billion in household income, representing 1.1 percent of the
`state’s economic output.
`
`
`
`An economic transformation is underway in Indian Country – a shift away from transfer economies (economies
`largely dependent on transfers of funds from federal and other sources) to productive economies (economies built
`on productive economic activity and the revenues it produces). Although the influx of federal dollars to
`reservation communities has always resulted in significant economic benefit to the surrounding local and regional
`economies, as tribes generate even more revenue through their growing productive enterprises, the economic
`impact is broader and deeper within the states. With federal budget decisions caught in a Congressional quagmire
`and significant cuts almost assured, tribal nations that use federal funding to leverage other investments,
`partnerships, and innovation are more protected from the negative impact of federal budget cuts.
`
`
`
`
`pg. 8
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`TRIBAL GOVERNMENTS LEAD THE WAY TO STRONG TRIBAL ECONOMIES
`
`
`Tribal governments exist to protect and preserve their unique cultures, identities, and natural environments for
`posterity. Overcoming poverty, while honoring tribal traditions and strengthening culture, is achievable but
`securing tribal economic security and prosperity will require a sustained commitment.
`
`Strong, capable tribal governments build a legal/political infrastructure of appropriate laws and policies that keep
`politics in its place and encourage both citizens and outsiders to invest time and energy in the nation’s future.
`Respect for the responsibility of tribes as governments is essential for Native people to contribute their distinct
`American and tribal perspectives to future generations. Prosperity in Indian Country requires that tribal citizens are
`able to practice their cultural and religious traditions while enjoying economic opportunities— their families
`flourishing, with access to quality foods, housing, and financial security. Where tribes exercise self-determination,
`success stories abound; and they all include the themes of improved responsiveness and increased accountability.
`The exercise of tribal control invokes the pride and fortitude of tribal people that can contribute to and sustain
`effective government administration.
`
`Fulfillment of the trust responsibility also represents necessary elements for a strong economic foundation in
`Indian Country to afford Native children and future generations the opportunity to fulfill their potential.
`Investments in tribal infrastructure must continue to address the inadequate roads, housing, and broadband
`systems that are all essential to commerce. Education is fundamental to long-term economic opportunities.
`Bolstering public safety is also a prerequisite for long-term economic development. Support for energy and natural
`resources must be ramped up—although tribal lands contain a vast amount of the nation’s conventional and
`renewable energy resources, tribal governments face an array of challenges in developing those energy resources.
`
`Across the United States, tribal nations are taking their rightful place in the American family of governments and
`providing the support and nurturing environment for their citizens and surrounding communities to flourish.
`
`
`“Tribal sovereignty is how we can secure our communities.
`It’s how we can secure our nations. And it is how we will
`secure our future. This is our greatest challenge.”
`
`
`
`
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`
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`pg. 9
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`STUDIES FOCUS ON VISION OF PROSPEROUS FUTURE
`
`Two recent reports on tribal economies outline themes and recommendations to support economic security and
`prosperity in Indian Country. The first, “Native American Economic Policy Report: Developing Tribal Economies
`to Create Healthy, Sustainable, and Culturally Vibrant Communities” is the result of the National Native American
`Economic Policy Summit held in 2007. Tribal leaders were encouraged to envision the future they would like to
`see for Indian Country and asked to recommend innovative and progressive solutions to move toward that vision.
`The result was a vision that encompassed nine overarching themes and 100 policy recommendations. The policy
`recommendations have been integrated into a national policy agenda for Indian Country.
`
`The overarching themes that constitute the vision are:
`
`
` Strengthen Sovereignty and Tribal Governance
` Tribal Self-Sufficiency and Treaty Rights
` Cultural Relevancy and Community Involvement
` Community Planning
` Human Development
` Partnerships: Between Tribes and Beyond
` Communication: Sharing Best Practices
` Strong Intergovernmental Relationships
` Public and Policy-Maker Education
`
`
`The second report, “Growing Economies in Indian Country: Taking Stock of Progress and Partnerships” provides
`“A Summary of Challenges, Recommendations, and Promising Efforts.” The report, issued in 2012 by the Board of
`Governors of the Federal Reserve System, is the result of a year-long series of workshops in Indian Country
`sponsored by a number of Federal Reserve Banks and federal agencies. The identified challenges fall into eight
`broad categories:
`
`
`1.) insufficient access to capital;
`2.) capacity and capital constraints o