2021 WLS Summit Book

2021 WLS Summit Book

2021 WINTER LEGISLATIVE SUMMIT

MARCH 09, 2021 VIRTUAL SUMMIT

2021 Virtual Legislative Summit

Tuesday, March 9, 2021

1:00pm

Welcome & Invocation Ernest L. Stevens, Jr, Chairman – National Indian Gaming Association

1:10pm

Rep. Sharice Davids (KS-03)

1:25pm

2020 Indian Gaming Economic Impact Report James Klas, Founder & Principal – KlasRobinson Q.E.D., Inc.

1:40pm

New Members of the 117 th and Committee Assignments Aurene Martin, Partner – Spirit Rock Consulting

1:50pm

The Historic Nomination of Deb Haaland – What next? Holly Cook Macarro, Partner – Spirit Rock Consulting

2:00pm

Rep. Raul Grijalva (AZ-03)

2:15pm

Overview of New COVID-19 Bill – American Rescue Plan John Harte, Partner – Mapetsi Consulting Pete Kirkham, Founder – Red Maple Consulting

2:30pm

Rep. Betty McCollum (MN-04)

2:45 pm

Update from NIGC Commissioners

3:00pm

National Indian Gaming Association Lifetime Achievement Honoring Joe Garcia, Head Councilman – Ohkay Owingeh Dee Pigsley, Tribal Chair – Confederate Tribes of Siletz Indians Senator Ben Nighthorse Campbell LaDonna Harris, President – Americans for Indian Opportunity

FEDERAL POLICY PRIORITIES WINTER LEGISLATIVE SUMMIT 2021

Introduction: Persevering Through a Difficult Year……………...

2

Political Landscape in the 117 th Congress………………………….

3-5

Tribal Provisions in the American Rescue Plan …………..………

6-8

Enhancing the Indian Land Into Trust Process ………….………

9

Attacks on Tribal Sovereign Immunity ……….…………………….

10

Infrastructure Revitalizaiton: Indian Country Needs …………….

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Introduction: Indian Country Perseveres Through a Difficult Year To our Member Tribes and Partners: This past year has tested the resolve of the entire nation - we have suffered unthinkable loss over the past year. The COVID-19 pandemic created a health and economic crisis in the United States, taking more than 500,000 American lives, infecting nearly 29 million Americans, and more than 10 million remain unemployed. Indian Country has been particularly hard hit. The virus continues to disproportionately inflict harm on the health and economies of Native communities. The CDC reports that on a per capita basis, Native Americans have the highest COVID-infection, hospitalization, and death rates of any community in the Nation. From an economic standpoint, every Indian gaming operation in the nation closed to prevent spread of the virus in our communities. Some Tribes chose to keep their doors closed where community spread remained a high risk. Those that chose to re-open did so slowly and safely, in coordination with tribal health officials, engaged in testing, temperature checks, hand sanitizing, mask wearing, deep cleaning, occupancy limits. As a result, it is estimated that Tribal Government-owned enterprises will sustain 35 percent revenue losses in 2020 alone—with losses totaling more than $30 billion before a full recovery to 2019 revenue levels in 2023. These lost government revenues have forced many Tribes to furlough government employees and cut provisions of essential education, health, housing and safety services to Reservation residents. At the onset of the pandemic in early March 2020, the National Indian Gaming Association immediately got to work to address the quickly emerging crises caused by COVID-19. Congress responded to the calls from Indian Country by enacting the CARES Act on March 27, 2020, which provided historic levels of funding for Indian tribes through the $8 billion Coronavirus Relief Fund, and other key provisions to help Tribal Governments stop the spread of the virus and maintain economic stability. The Administration’s rollout of these provisions was rocky at first, but working with champions of Indian Country, we were able to ensure Tribal access to the $350 Billion Paycheck Protection Program for small gaming operations and worked to smooth the administration of other programs designed to help Tribes address the health and economic impacts of the virus. The CARES Act passed, nearly a year ago, to provide a lifeline for Tribal Governments to endure the initial shock of the pandemic, but much more has been needed for some time. To address these ongoing and urgent needs, the National Indian Gaming Association continued work with Congress and more recently the Biden Administration to ensure these significant needs were addressed in the next COVID-relief package. Thanks to this ground work, we are excited to report that President Biden’s American Rescue Plan delivers on all fronts in historic proportions. The American Rescue Plan includes $20 Billion to Tribal Governments through the re-named Fiscal Recovery Funds (formerly Coronavirus Relief Fund), which provides more flexibility and time to spend the funds. The bill includes a wide array of other resources to help Tribes address the health and economic impacts of the pandemic. The Senate passed the bill on Saturday, March 6, and the House is set to advance the bill for President Biden’s signature this week. A summary of the Senate-passed American Rescue Plan is posted in more detail below. President Biden’s next legislative priority is to revitalize our nation’s infrastructure. The National Indian Gaming Association will work with the Biden Administration and Congress to ensure that the package includes direct federal funding to meet the significant and longstanding infrastructure needs of Indian Country, as well as long needed tax reforms to provide Tribes with the same financing tools used by state and local governments, including parity for Tribes to issue Tax Exempt Bonds, and access to both the New Market Tax Credit and Low Income Housing Tax Credit programs. A more detailed description of infrastructure is also posted below. We have a full plate ahead in the 117 th Congress, and we are eager to get to work for you. The National Indian Gaming Association will host periodic virtual legislative summits until business returns to normal. We will be hosting our Annual Convention and Trade Show in July 2021 in Las Vegas, NV in partnership with RES 2021, National Center for American Indian Economic Development.

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President Biden’s Cabinet and Native American Appointees Serving in the Administration

Department

Nominee (*pending Senate confirmation)

State

Antony Blinken

Treasury Defense

Janet Yellen

Ret. General Lloyd Austin *Judge Merrick Garland *Rep. Debra Haaland (D-NM)

Attorney General

Interior

Principal Deputy Solicitor, Robert Anderson Deputy Solicitor for Indian Affairs, Anna Marie Bledsoe Downs Deputy Soliticor for Land Resources, Natalie Landreth Principal Deputy Assistant Secretary-Indian Affairs, Bryan Newland BLM Counselor, Danna Jackson Agriculture (USDA) former Sec. Tom Vilsack Director Farm Service Agency, Zach Ducheneaux Director Office of Tribal Relations, Heather Dawn Thompson Director OTR Forest Service, Reed Robinson Commerce

Rhode Island Gov. Gina Raimondo

Labor

*Mayor Martin Walsh

Health and Human Services

*CA Attorney General Xavier Becerra

Housing and Urban Development *Rep. Marcia Fudge (D-OH) Transportation Mayor Pete Buttigeig Deputy Assitant Secretary for Tribal Affairs, Rep. Arlando Teller Energy

former MI Gov. Jennifer Granholm

Director Office of Indian Energy, Wahleah Johns Education

Miguel Cardona (MA) Denis McDonough Alejandro Mayorkas

Veterans Affairs Homeland Security

White House Officials Domestic Policy Counsel, Elizabeth Rodke Washburn Intergovernmental Relations, Paawee Rivera COVID Advisory Board, Dr. Jill Jim

3

117 th Congress: U.S. Senate Leadership and Committee Chairs

U.S. Senate Leadership

Majority Leader: Chuck Schumer NY

Minority Leader: Mitch McConnell KY Min. Whip: John Thune (SD) Conf. Chair: John Barrasso (WY) Conf. Vice Chair: Joni Ernst (IA) NRSC Chair: Rick Scott (FL)

Maj. Whip: Dick Durbin (IL)

Asst. Leader: Patty Murray (WA) Policy Chair: Debbie Stabenow (MI) DSCC Chair: Gary Peters (MI)

Committee

Chair

Ranking Member Lisa Murkowski (AK) John Boozman (AR) Richard Shelby (AL) Lisa Murkowski (AK) Jim Inhofe (OK) Pat Toomey (PA) Lindsay Graham (SC) Roger Wicker (MS) John Barrasso (WY)

Indian Affairs Agriculture Appropriations

Brian Schatz (HI)

Debbie Stabenow (MI) Patrick Leahy (VT) Jeff Merkeley (OR)

Interior Subcommittee

Armed Services

Jack Reed (RI)

Banking Budget

Sherrod Brown (OH) Bernie Sanders (VT) Maria Cantwell (WA) Joe Manchin (WV) Tom Carper (DE) Ron Wyden (OR) Patty Murray (WA)

Commerce

Energy & Natural Resources Environment & Public Works

Shelley Moore Capito (WV)

Finance

Mike Crapo (ID) Richard Burr (NC) Rob Portman (OH) Marco Rubio (FL) Chuck Grassley (IA) Jerry Moran (KS)

Health, Ed, Labor (HELP)

Homeland Security & Govt Affairs Gary Peters (MI)

Intelligence

Mark Warner (VA) Dick Durbin (IL) Jon Tester (MT)

Judiciary

Veterans’ Affairs

Senate Committee on Indian Affairs Members

Brian Schatz (HI) Chair Maria Cantwell (WA)

Lisa Murkowski (AK) Vice Chair

John Hoeven (ND) James Lankford (OK) Steve Daines (MT) Mike Rounds (SD)

Jon Tester (MT)

Catherine Cortez Masto (NV)

Tina Smith (MN)

Ben Ray Lujan (NM)

Jerry Moran (KS)

4

117 th Congress: U.S. House Leadership and Committee Chairs

U.S. House of Representatives Leadership

Speaker: Nancy Pelosi (CA) Maj. Leader: Steny Hoyer (MD) Maj. Whip: Jim Clyburn (SC)

Minority Leader: Kevin McCarthy (CA)

Min. Whip: Steve Scalise (LA) Conf. Chair: Liz Cheney (WY)

Assistant Speaker: Katherine Clark (MA) DCCC Chair: Sean Patrick Maloney (NY)

Conf. Policy Chair: Gary Palmer (AL) NRCC Chair: Tom Emmer (MN)

Committee

Chair

Ranking Member

Natural Resources Bruce Westerman (AR) Indigneous Peoples Subcommittee Teresa Leger Fernandez (NM) Don Young (AK) Agriculture David Scott (GA) Glen Thompson (PA) Appropriations Rosa DeLauro (CT) Kay Granger (TX) Interior Subcommittee Chellie Pingree (ME) David Joyce (OH) Armed Services Adam Smith (WA) Mike Rogers (AL) Budget John Yarmuth (KY) Jason Smith (MO) Education and Labor Bobby Scott (VA) Virginia Foxx (NC) Energy and Commerce Frank Pallone (NJ) Cathy McMorris-Rogers (WA) Financial Services Maxine Waters (CA) Patrick McHenry (NC) Homeland Security Bennie Thompson (MS) John Katko (NY) Judiciary Jerry Nadler (NY) Jim Jordan (OH) Oversight & Government Reform Carolyn Maloney (NY) James Comer (KY) Transportation & Infrastructure Peter DeFazio (OR) Sam Graves (MO) Ways and Means Richie Neal (MA) Kevin Brady (TX) Raul Grijalva (AZ)

House Indigenous Peoples of the U.S. Subcommittee

Teresa Leger Fernandez (NM) Chair

Don Young (AK) Jay Obernolte (CA)

Ruben Gallego (A) Darren Soto (FL) Betty McCollum (MN)

Aumua Amata Coleman Radewagen (AS)

Jerry Carl (AL)

Michael San Nicolas (GU)

Matthew Rosendale (MT)

Ed Case (HI)

Lauren Boebert (CO)

Jesus “Chuy” Garcia (IL) Raul Grijalva (AZ) Ex Officio

Cliff Bentz (OR)

Bruce Westerman (AR) Ex Officio

5

The American Rescue Plan: Key Tribal Provisions On Saturday, March 6, 2021, the U.S. Senate advanced its version of President Biden’s $1.9 trillion American Rescue Plan by a party line 50-49 vote. Senate procedural rules forced removal of provisions in the House- passed bill, most notably the increase in the federal minimum wage from $7.25 / hour to $15 / hour. The bill now moves back to the House for final passage before being sent to President Biden. The American Rescue Plan includes significant resources to help Indian Country address the health and economic crises created by the COVID-19 pandemic. The largest program in the bill for Indian tribbes would send $20 billion to tribal governments through the renamed Coronavirus Fiscal Recovery Funds (formerly the CARES Act - Coronavirus Relief Fund). Indian Tribes are defined as the governing body of a tribe included in the BIA’s annually published Federally Recognized Indian Tribes List. The overall Rescue Plan also provides + $6 billion for Indian health care programs and services, as well as increased funding for Indian education, housing, food distribution, child care, and more. House Leadership is working to complete debate and vote on the final bill on Tuesday, March 9 th . President Biden hopes to sign the bill into law before Sunday, March 14 th when Federal unemployment benefits begin to expire. Key Tribal Provisions in the American Rescue Plan Title IX. Committee on Finance. Sec. 9901. Coronavirus State and Local Fiscal Recovery Funds. “Sec. 602. Coronavirus Fiscal Recovery Fund.” The provision re-names the CARES Act Coronavirus Relief Fund (CRF) and provides $219.8 billion to tribal, state and territorial governments to address the health and economic crises caused by the COVID-19 pandemic. $20 billion is set aside for tribal governments, defined as the governing bodies of Indian tribes listed on the annual Federally Recognized Indian Tribes List Act. Of the $20 billion, $1 billion will be distributed equally to all 574 federally recognized tribes (approximately $1.7 million per tribe). The remaining $19 billion will allocated based on a formula determined by the Secretary of the Treasury. The “use of funds” under this provision is made more flexible for all governments to cover costs incurred: (A) “to respond to the public health emergency … or its negative economic impacts”; (B) “to respond to workers performing essential work” or “by providing grants to eligible employers that have eligible workers who perform essential work”; (C) “for the provision of governments services to the extent of the reduction in revenue of” Tribal governments; or (D) “to make necessary investments in water, sewer, or broadband infrastructure.” The term “eligible worker” is defined as “workers needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors” as may be designated by Tribal governments as critical to protect the health and well-being” of their residents. “Sec. 604. Coronavirus Capital Projects Fund.” Provides $50,000 to each federally recognized Indian Tribe (@$28.7 million) with an additional $21 million to be distributed to Tribes based on a formula “to carry out critical capital projects directly enabling work, education, health monitoring, including remote options, in response to COVID-19. “Sec. 605. Local Assistance and Tribal Consistency Fund.” Provides $250 million in FY22 and FY23 to “allocate and pay to eligible Tribal governments” as determined by the Secretary “taking into account economic conditions of each eligible Tribe.” The funds can be used “for any governmental purpose other than lobbying.” Sec. 9815. Extension of 100% FMAP to Urban Indian and Native Hawaiian Health Care Systems. This provision extends the 100% FMAP to Urban Indian and Native Hawaiian Health Orgs for two years. Sec. 9601. 2021 Recovery Rebates to Individuals. Provides $1,400 payments for single taxpayers making up to $75,000 ($2,800 to joint filers up to $150,000). Sec. 9201. Pandemic Emergency Fund—Emergency Assistance for Children and Families. Established the Pandemic Emergency Assistance Fund, appropriating $1 billion that will be available from April 1, 2021 to September 30, 2022. Of this amount, $74.85 million (7.5%) is reserved for tribal and territorial governments that are eligible for TANF grants. HHS will determine the allocation formula to Indian tribes. Sec. 9013. Extension of Pandemic Unemployment Assistance . Extends federal unemployment assistance benefits from the current expiration date of March 14, 2021 to September 6, 2021.

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Title XI. Indian Affairs Sec. 11001. Indian Health Service. Appropriates $6 billion, “to remain available until expended”, to the Indian Health Service for a range of Indian health activities, including $2 billion for lost reimbursements; $500 million for Purchased/Referred Care; $140 million for information technology, telehealth infrastructure, and electronic health records; $84 million for Urban Indian health organizations; $600 million for COVID-19 vaccines; $1.5 billion for COVID-19 testing, tracing, and mitigation; $240 million for public health workforce; $420 million for mental and behavioral health prevention and treatment; $600 million for facilities; and $10 million for water delivery. Sec. 11002. Bureau of Indian Affairs. Provides $900 million for BIA activities, “available until expended” for the following purposes: $100 million for the Housing Improvement Program; $772 million for tribal government services, public safety and justice, social services, child welfare assistance, and related expenses; and $20 million to provide and deliver potable water to Indian lands. Sec. 11003. Indian Housing. Provides $750 million for NAHASDA programs. From this amount, $455 million will be distributed through the Indian Housing Block Grants formula, and $280 million is dedicated to grants through the Indian Community Development Block Grant (ICDBG) system “to be used, without competition, for emergencies that constitute imminent threats to health and safety and are designed to prevent, prepare for, and respond to coronavirus.” Waivers are permitted to expedite implementation of approved ICDBG grants. Sec. 11004. Funding for Native Language Preservation . The bill provides an additional $20 million in FY’21 to ANA to award emergency grants for Native American language preservation and maintenance. Sec. 11005. Bureau of Indian Education. Provides $850 million for programs operated or funded by the Bureau of Indian Education (“BIE”), Bureau-funded schools, and Tribal Colleges or Universities. Sec. 11006. American Indian, Native Hawaiian, and Alaska Native Education. Provides $190 million to the Department of Education to be distributed for purposes authorized under the Elementary and Secondary Education Act for Native peoples. Title I. Agriculture Sec. 1005. Farm Loan Assistance for Socially Disadvantaged Farmers and Ranchers . Provides funds for payment or modification of existing USDA FSA loans and CCC Farm Storage Facility Loans held by socially disadvantaged farmers or ranchers. Sets payments at 120% of outstanding indebtedness, with amounts remaining after obligations to USDA or the guaranteed lender are paid, provided to the farmer to account for tax treatment. Ensures such payments do not affect the eligibility of farmers or ranchers for farm loans. Sec. 1006. Assistance for Disadvantaged Farmers, Ranchers, Forest Land Owners . Provides $1.01 billion to the Secretary for assistance to socially disadvantaged farmers, ranchers, and forest landowners who have historically faced discrimination by USDA, with such assistance provided directly to producers and through community-based organizations, land-grant universities, other minority serving institutions of higher learning. Sec. 1011. Supplemental Nutrition Assistance Program. Provides $1.15 billion for SNAP benefits, available through September 30, 2023. Title II. Health, Education, Labor and Pensions Sec. 2201. Child Care and Development Block Grants . Provides $14.99 billion will remain available through September 30, 2021 to carry out the Child Care and Development Block Grant Act of 1990 (“CCDBG”). Such funds are authorized for use by states, territories, Indian Tribes and Tribal Organizations for child care assistance to health care sector employees, emergency responders, sanitation workers, and other workers deemed essential during the response to the coronavirus without income eligibility requirements. Sec. 2202. Child Care Stabilization. Appropriates $24 billion for FY’21 for eligible child care providers for use in accordance with CCBDG. (Expires September 30, 2021). Sec. 2204. Programs for Survivors. This provision appropriates $180 million in additional funding through the Family Violence Prevention Act for FY’21 to help survivors of domestic and sexual violence. The provision includes $18 million to carry out grants for Indian Tribes. An additional $1 million will go to support Indian communities under the National Domestic Violence Hotline Grant. Sec. 2301. COVID-19 Vaccine activities at the CDC. Provides $7.5 billion to the CDC for COVID-19 vaccine distribution. Tribal governments are eligible for grants. Sec. 2402. SARS-COV-2 Genomic Sequencing and Surveillance. Provides $1.75 billion for genomic sequencing, analytics, and disease surveillance. Tribal health departments or laboratories are eligible for grants.

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Sec. 2703. Mental Health and Substance Abuse Disorder Training for Healthcare Professionals, Paraprofessionals, and Public Safety Officers. Provides $80 million for programs to reduce burnout and mental and behavioral health conditions among health care workers. Tribes and tribal organizations are eligible for grants. Sec. 2707. Local Behavioral Health Needs. Provides $50 million to SAMHSA for community behavioral health needs. Tribal governments and tribal organizations are eligible for grants. Sec. 2911. LIHEAP. Provides $4.5 billion for the LIHEAP program. Tribes are eligible for this LIHEAP funding. Sec. 2912. Water Assistance Program. Provides $500 million to HHS for grants to states and tribes to assist low- income households for drinking water and wastewater services. Up to 3% of funding is reserved for tribes. Title III. Banking, Housing, and Urban Development Sec. 3206. Homeowner Assistance Fund. Provides $9.9 billion to the Homeowner Assistance Fund for qualified expenses, which include: mortgage payment assistance, costs related to mortgage reinstatement or forbearance, mortgage principal reduction, interest rate reduction, utilities assistance, internet and broadband service, property taxes, homeowners insurance, and homeowner / association fees. The provision includes a 5 percent set-aside for tribes eligible to receive funding under NAHASDA, using the NAHASDA allocation formula. Sec. 3301. Small Business Credit Initiative Reauthorization . The provision reauthorizes and appropriates $10 billion for the State Small Business Credit Initiative first established in 2010 in response the Great Recession, which did not include direct funding to tribal governments. The updated reauthorization redefines the term “State” to include “Indian tribes” and provides tribes with a 5 percent set aside ($500 million) from the total allocation. The Treasury Secretary will develop the allocation formula based on available employment and economic >Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26-27 Page 28 Page 29 Page 30-31 Page 32-33 Page 34-35 Page 36-37 Page 38-39 Page 40 Page 41 Page 42-43 Page 44 Page 45 Page 46 Page 47 Page 48-49 Page 50-51 Page 52 Page 53 Page 54-55 Page 56 Page 57 Page 58-59 Page 60 Page 61 Page 62-63 Page 64 Page 65 Page 66-67 Page 68 Page 69 Page 70-71 Page 72 Page 73 Page 74-75 Page 76 Page 77 Page 78-79 Page 80 Page 81 Page 82-83 Page 84 Page 85 Page 86-87 Page 88 Page 89 Page 90-91 Page 92-93 Page 94 Page 95 Page 96-97 Page 98 Page 99 Page 100-101 Page 102 Page 103 Page 104-105 Page 106 Page 107 Page 108-109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127

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