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Administration for Children and Families US Department of Health and Human Services
Administration for Native Americans

U.S. Department of Health and Human Services

Administration for Children and Families

Tribal Consultation Session

Phoenix , AZ : Sheraton Wild Horse Pass

Meeting Room: Akimel O'otham 4

Tuesday, December 2, 2003

9:00 am- 5:00 pm

 

Meeting Summary

Compiled by the National Congress of American Indians

January 2004

 

Overview

On December 2, 2003 the U.S. Department of Health and Human Services (HHS) Administration for Children and Families (ACF) held its first ever agency wide tribal consultation session.* ACF invited all tribal communities, Native non-profits, and urban Indian centers to participate in this historical event. Tribal representatives worked with the National Congress of American Indians (NCAI) to develop an agenda that reflected the priorities of tribal communities and to propose speakers, preferably tribal leaders, who could give testimony on the critical issues identified. (See appendix A for a copy of the final consultation agenda.)

 

Many senior ACF officials participated in the session. Each agency in which tribes had identified issues to address had a representative present, often the senior-most official, to hear and respond to tribal concerns, answer questions, and brainstorm solutions to problems. ACF/HHS officials present included:

•  Joan Ohl, Commissioner, Administration for Children, Youth and Families (ACYF)

•  Quanah Stamps , Commissioner, Administration for Native Americans ( ANA )

•  Dr. Susan Orr, Associate Commissioner, Children's Bureau

•  Dr. Sherri Heller, Commissioner, Office of Child Support Enforcement (OCSE)

•  Shannon Christian, Associate Commissioner, Child Care Bureau

•  Clarence Carter, Director, Office of Community Services (OCS)

•  Andrew Bush, Director, Office of Family Assistance (OFA)

•  Gena Tyner-Dawson, Senior Advisor for Tribal Affairs, Office of Intergovernmental Affairs, HHS

•  Sheila Cooper, Director of Program Operations, ANA

•  Georgeline Sparks, Branch Chief, American Indian Alaska Native Program Branch, Head Start Bureau

•  Carol Watkins, Director, Division of Community Discretionary Programs, OCS

•  Lionel (Jay) Adams, III, Director of Special Staff s, OCSE

•  Margaret Washnitzer, Director, Division of State Assistance, OCS

 

A transcriber was hired to record and transcribe the session.** HHS will make the official transcripts available. This document summarizes the main points in each issue area that were raised in formal testimony by appointed speakers as well as in open discussion sessions throughout the consultation. This summary addresses each issue in the order that it was addressed during the consultation, including: Temporary Assistance for Needy Families (TANF); Public Law 102-477; Tribal/State Relationships; Administration for Native Americans (ANA) programs; Office of Community Services programs (OCS); Office of Child Support Enforcement (OCSE) programs; Child Care; Head Start; Child Welfare; and Training, Technical Assistance, and Capacity-Building. The key issues that speakers made are summarized in bullet points. Tribal representatives also raised other issues that do not necessarily fall within these categories; those issues are also summarized. Finally, the commitments that ACF officials made to tribal representatives are listed.

 

Also of note is the Tribal Leader Policy Statement that was drafted during the consultation session. (See appendix B for a copy of the Tribal Leader Policy Statement). A tribal caucus was held during lunch of the consultation session. During this caucus, tribal leaders raised a number of timely, over-arching issues that they wanted to address to the ACF Senior officials present, HHS Secretary Tommy Thompson, and President George Bush. A policy statement containing these key points was drafted and presented at the conclusion of the formal consultation session. The policy statement, with an accompanying cover letter signed by NCAI President Tex Hall, was sent to Secretary Thompson the following week.

 

Issues Raised in Tribal Testimony

Temporary Assistance for Needy Families (TANF)

 

Public Law 102-477

 

Tribal/State Relationships

 

Administration for Native Americans
Office of Community Services

Individual Development Accounts

 

Community Services Block Grant

 

 

Child Support Enforcement

Tribal Child Support Enforcement Interim Rule

 

Proposal to Intercept Gambling Winnings

 

Child Care

 

Head Start

 

Child Welfare

The Bush Administration's Title IV-E Proposal and Title IV-E Amendments

 

The Adoption and Safe Families Act Program Regulations

 

Training, Technical Assistance, and Capacity Building
Other Concerns

 

HHS Responses, Commitments, and Issues to Follow-up

 

*For an overview of programs and activities included within ACF's jurisdiction, see www.acf.hhs.gov/index.html .

**Neal R. Gross & Co., Inc. of Washington , D.C. See www.nealgross.com for more information.

 

Appendix A: Final Agenda

 

HHS ACF Consultation Agenda

Phoenix , AZ : Sheraton Wild Horse Pass

Meeting Room: Akimel O'otham 4

Tuesday, December 2, 2003

9:00 am- 5:00 pm

 

9:00 am Opening

Quanah Stamps, Commissioner, Administration for Native Americans, HHS

 

Invocation

Gary Bibb, Building Official, Gila River Indian Community

 

Introduction of Elected Tribal Leaders

Introduction of Administration for Children, Youth and Families Commissioner

Quanah Stamps, Commissioner, Administration for Native Americans, HHS

 

Welcome and Introduction of ACF Senior Staff

Joan Ohl, Commissioner, Administration for Children, Youth and Families, HHS

 

Review of Consultation Session Goals

Quanah Stamps, Commissioner, Administration for Native Americans, HHS

Gena Tyner-Dawson, Senior Advisor for Tribal Affairs, Office of Intergovernmental Affairs, HHS

 

Review of Agenda

Jacqueline Johnson, Executive Director, National Congress of American Indians

 

9:45 am Temporary Assistance for Needy Families (TANF) Implementation and Reauthorization

Brian Wallace, Chairman, Washoe Tribe of Nevada and California

Dallas Massey, Sr., Chairman, White Mountain Apache Tribe

 

10:10 am Consolidation of Related Federal Funding Streams: Public Law 102-477

Francine Skenadore, Attorney, Office of Intergovernmental Affairs, Mille Lacs Band of Ojibwe

Cindy Fairchild, Human Services Program Director, Mille Lacs Band of Ojibwe

 

10:30 am Training, Technical Assistance and Capacity Building

Lorenda Sanchez, Executive Director, California Indian Manpower, Inc.

 

10:40 am Response to Tribal Testimonies

 

11:10 am Federal Role in Tribal/State Relations

Gordon James, Chairman, Skokomish Tribe

 

11:20 am Administration for Native Americans (ANA) Programs

Tim Martin, Executive Director, United South and Eastern Tribes

John Lewis, Executive Director, Inter Tribal Council of Arizona

 

11:40 am Office of Community Services (OCS) Programs:

Tribal Individual Development Account (IDA) Programs

Lois Lockhart, Tribal Administrator, Redwood Valley Rancheria, Little River Band of Pomo

Indians

Community Services Block Grant (CSBG)

Marvin Jones, Executive Director, Community Services, Cherokee Nation

 

12:00 pm Lunch on your own

Tribal Caucus (Poolside)

 

1:15 pm Child Support Enforcement:

Tribal Child Support Enforcement Interim Rule

Joe Shirley, Jr., President, Navajo Nation

Proposal to Intercept Gambling Winnings

Greg Andersen, Self-Governance Coordinator, Port Gamble S'Klallam Tribe

Joan Delabreau, Chairperson, Menominee Indian Nation

 

1:45 pm Child Care

Phyllis Yargee, Council Member, Cherokee Nation

Julie Quaid, Director, Essential Education, Confederated Tribes of Warm Springs

 

2:05 pm Head Start

Sam McClellan, Council Member, Grand Traverse Band of Ottawa Indians

Mavany Verdugo, President, National Tribal Head Start Directors Association

 

2:25 pm Child Welfare:

The Bush Administration's Title IV-E Proposal and Title IV-E Amendments

Gil Vigil, Vice-Chairman, All-Indian Pueblo Council

The Adoption and Safe Families Act Program Regulations

Terry Cross, Executive Director, National Indian Child Welfare Association

 

2:45 pm Response to Tribal Testimonies

 

3:15 pm Presentation of Tribal Leader Policy Statement

Jonathan Windy Boy, Council Member, Chippewa Cree Tribe and Legislator, State of Montana

 

Open Tribal Leader Discussion

(Suggested topics from tribal leaders may include, but are not limited to: Native Employment

Works (NEW) Implementation and Reauthorization; Title VI and VII HHS Self-Governance

Feasibility Study and Related Demonstrations; Community Development Corporations; and

ACF Programs and Urban Indian Needs)

 

4:45 pm Closing Comments

Joan Ohl, Commissioner, Administration for Children, Youth and Families, HHS

 

5:00 pm Closing Prayer

Adjourn

 

 

 

 

Please Note : The formal record for consultation testimony will be open for 60 days following this session. Send any additional comments to: Quanah Stamps, Commissioner, Administration for Native Americans, 8 th Floor Aerospace Center , 370 L'Enfant Promenade, SW, Washington , DC 20447 or via fax at (202) 690-7441.

 

 

 

Appendix B: Tribal Leader Policy Statement

 

Tribal Leader Policy Statement

HHS ACF Consultation Session

Phoenix , Arizona

December 2, 2003

 

 

As tribal leaders at the first HHS ACF Consultation Session, held in Phoenix , Arizona on December 2, 2003 , we would like to bring to HHS and the White House some cross-cutting issues of significant importance and concern to our governments and communities. This policy statement conveys a tribal perspective on the government-to-government relationship and requirements for implementation.

 

The American Indian and Alaska Native peoples, who, since time immemorial has formed tribal nations on this land, we hereby affirm our special relationship with the federal government of the United States.

 

As peoples specifically identified in the Constitution of the United States with whom the U.S. would conduct commerce, and as peoples whose rights and sovereignty have been articulated in treaties, statutes, Supreme Court rulings, and administrative actions, we hereby acknowledge this first ACF Tribal Consultation Session, and in accordance with tribal-federal government-to-government relations, declare this statement to be representative of the spirit of the tribal leaders and nations here gathered in consultation.

 

First, we believe that it is imperative to issue a Presidential Executive Order that reaffirms the government-to-government relationship between the federal government and sovereign tribal governments. This order should outline guiding principles and foundations to direct the policy and actions of this Administration in fulfilling the obligations of the federal government to American Indian and Alaska Native governments.

 

Second, as the federal government continues to devolve authority and divest resources in state, local and tribal governments, it should be clear that this course of action does not in any way diminish the federal trust responsibility that exists between the federal government and American Indian and Alaska Native governments.

 

Third, as this trend continues, to mitigate any detriment to tribes, the federal governments is obligated to maintain to meet its federal trust responsibility. We call upon the federal government to take a stronger role in facilitating positive, mutually beneficial tribal-state relationships.

 

Fourth, we are encouraged by HHS' commitment to amending their tribal consultation policy. The revision of this policy is an opportunity to strengthen open dialogue between tribal governments and HHS sub-agencies and to facilitate active tribal participation in HHS policy development processes that results in an agreed-upon course of action. To serve as a conduit between HHS sub-agencies and tribal governments, each operating division should work with tribes to develop a technical advisory committee that can coordinate tribal input into agency activities on an on-going basis. Issue-specific tribal workgroups, which some HHS operating divisions already use, are also an appropriate mechanism to facilitate positive policy development and implementation.

 

Fifth, the unique responsibility of the federal government toward Indian tribes demands that the Administration exempt Indian programs from federal budget rescissions. Indian programs have been historically under-funded and disproportionately cut. The Administration should work with Congress to index Indian programs for inflation and seek to remove barriers that limit the participation of American Indian and Alaska Native tribes in all HHS programs. Options for direct tribal administration of HHS programs and sufficient appropriations should be available.

 

Sixth, in order to sufficiently address the issues that have been raised in this consultation session, we call upon HHS to hold a follow-up meeting within six months from now regarding the Administration's response to the requests and guidance from tribal leadership.

 

Finally, in the spirit of true consultation and the conference theme “The ACF Circle: Working Together for Successful Communities,” all of the issues that have been identified at this ACF National Tribal Consultation Session and the ACF National Native American Conference should be given serious consideration by HHS ACF senior staff. A written response to tribal leadership should be made after all the comments from the 60-day comment period have been compiled and reviewed.

 

Related Pages:
Letter from Assistant Secretary for Children and Families regarding Tribal Consultation
ACF Program Response to Tribal Consultation Session


Last Updated: June 18, 2004