Gains for Indian country in compromised stimulus bill

Michael Woestehoff/NIEA

NIEA president Robert B. Cook discussed the stimulus plan at the National Press Club Feb. 9.

Tools

Gains for Indian country in compromised stimulus bill

By Rob Capriccioso

Update on final bill at end of story.

WASHINGTON – Indian programs fared well in the final version of the economic stimulus plan brokered by the Senate and House. They would have fared even better had a compromise not occurred, but without a deal not enough Republicans would have supported the bill to prevent a filibuster in the Senate.

The $787 billion bill was expected to be signed by President Obama within days. It includes approximately $507 billion in spending programs and $282 billion in tax relief.

The new president said he expects the plan to save or create 3.6 million jobs nationwide.

Keith Harper, a Native affairs lawyer with Kilpatrick Stockton and former member of Obama’s transition team, said important tribal provisions were included in the final legislation. He estimated that Indian country would receive about $3 billion overall as a result of the measure in areas including infrastructure, health and education.

“Would I have wanted to see the amount higher? Yes,” Harper said. “Is it a whole lot better than we did under the Bush administration? Absolutely.”

Officials with the National Congress of American Indians had previously asked Congress to provide $6.14 billion to Indian country as part of the stimulus package.

Some lawmakers, including Senate Indian Affairs Committee Chairman Byron Dorgan, D-N.D., worked hard as the compromise progressed to keep as much tribal money in the final bill as possible.

Barry Piatt, a spokesman for Dorgan, said that much of the money senators had been advocating for Indian country made it through the negotiations.

After the legislation was brokered Feb. 11, some Indian country officials said increased money to a variety of bond programs could prove especially advantageous to tribes. The legislation calls for billions of dollars worth of tribal tax-exempt bonds, tax credit bonds, renewable energy bonds and school construction bonds.

Chris Stearns, a Navajo lawyer who used to work on Capitol Hill, said the greatest long-term impact of the stimulus for tribes will lie in the billions of dollars in new bonds available for roads, construction, schools, energy projects and Internet access.

The bill also wipes out most of the current IRS restrictions on the ability of tribes to issue tax-exempt bonds, Stearns noted.

In the specific area of Tribal Economic Development Bonds, the Senate and House both provided $2 billion for tax-exempt TEBDs issued by the Treasury Department. Revenue generated by tribes through the sale of TEBDs may be used to provide capital for tribal infrastructure projects, but not for Class II or Class III gaming facilities or any off-reservation facility.

A preliminary analysis from the Hobbs, Straus, Dean & Walker tribal affairs law firm placed significant emphasis on the legislation’s removal of what the firm called the “onerous” essential government function restriction. The elimination of that requirement is expected to provide tribes with far more flexibility to issue bonds for a wider variety of projects.

In terms of Indian school construction bonds, the Senate and House both allocated $400 million for tax credit bonds for the construction, rehabilitation and repair of BIA-funded schools.

As the deal progressed, Indian country did take some hits. For instance, an amendment filed by Sen. Tom Udall, D-N.M., would have added funding to a number of tribal programs, but it was ultimately not offered on the Senate floor.

Overall, the legislation cut back Democrats’ proposed spending on some Indian education and Head Start programs that help Native youth in favor of tax cuts that were necessary to win Republican Senate support.

During the National Indian Education Association annual legislative summit in February, some Native education experts expressed displeasure that Senate compromises ended up providing less money to Indian education than the initial House version of the bill.

“We are disappointed,” said Lillian Sparks, executive director of the organization, Feb. 9 after the State of Native Education address by NIEA President Robert B. Cook at the National Press Club.

Before the deal-making occurred, there would have been almost double the amount of funding available to Head Start and early Head Start for Indian children, said Gregory A. Smith, a lawyer with Smith & Brown-Yazzie.

Smith believes that increased funding for Head Start can help stimulate the economy by helping more parents become able to work and to help poorer families that would not otherwise benefit from tax cuts.

The compromise ultimately eliminated a total of $16 billion in aid for school construction and cut health care subsidies for the unemployed. Some of that money would have gone to Indian country.

Update: Upon further analysis of the final stimulus bill passed by Congress, Indian country will be eligible for $4.2 billion, according to lawmakers. Analysts had been estimating $3 billion before the bill actually passed, but the final numbers indicate Indian country will receive $2 billion in direct funding and $2.2 billion in bonding authority. More to come.

Wednesday, Mar 11 at 12:56 PM orin.allen@nezperce systems.com. wrote ...

does thef "Nezperce Nation" have a person or persons working on such a thing?

17857597 Inappropriate? Alert Us!

Wednesday, Feb 25 at 3:32 AM mn indian wrote ...

wether it be repubicans or democrats they all left this country in a mess look at what happen in the 70s with democrat in charge the long gas lines so that being said everyone is trying to undo updo and outdo each other so whether we are republicans democrats liberal etc, we are in trouble either way (but i do think most of the democrats are richer than the republicans

17059107 Inappropriate? Alert Us!

Tuesday, Feb 24 at 1:43 PM PA-CUE-TA-MO-TA wrote ...

After all this is not the (free country)our ancestors lost their life for it.

17025587 Inappropriate? Alert Us!

Tuesday, Feb 24 at 1:33 PM PA-CUE-TA-MO-TA wrote ...

How much that new comers owe us since they been here?

17024837 Inappropriate? Alert Us!

Monday, Feb 16 at 7:49 PM quinaultbob wrote ...

The Greedy old party and spawn of slade gorton- Slade built the first "road to nowhere" on the Quinault Indian Reservation in costal WA state in the 1960's . Slade went into a joint venture Dewie Whiticer a sleazie developer who bought up tribal lands . Slade Gorton was his business partner. The state of WA build a road from Taholah,wa to queets, WA the problem they had no permit from the QIN thru political influnce of Slade. The Moclips - Taholah was an easement to the State of WA by the QIN.

16604327 Inappropriate? Alert Us!

Saturday, Feb 14 at 3:22 PM Seuuu wrote ...

Another example of the failed policy of "no child left behind" right?

16524587 Inappropriate? Alert Us!

Saturday, Feb 14 at 1:31 PM Lee Ann wrote ...

The $225,000 republican bathroom in Interior would have provided housing for a lot of homeless or a lot of books for kids...Republicans make me gag with their hypocrisy and should be disallowed from expressing an opinion for the next 8 years - We know how good their judgement has been the LAST eight years....what a mess.

16521272 Inappropriate? Alert Us!

Friday, Feb 13 at 4:40 PM Helena wrote ...

Well, the Republicans like to continue the path that they were one before the new administration, so because of their stubborn behaviors they will continue to let down everyone. They complained a lot that we will be in debt. Who were the ones to put us into debt with war and still continue to do so? Because it isn't the debt they create it is considered "against the taxpayers interest."

16485372 Inappropriate? Alert Us!

Add a comment

Name:

Comment: 500 Characters Left

By posting a comment, user agrees to all Terms Of Use. Comments may also appear in other website locations and in other Indian Country Today products, without notice and at the discretion of Indian Country Today.

Indian Country Today and its affiliated companies are not responsible for the content of comments posted or for anything arising out of use of the above comments or other interaction among the users. We reserve the right to screen, refuse to post, remove or edit user-generated content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum.

This content requires the latest Adobe Flash Player and a browser with JavaScript enabled. Click here for a free download of the latest Adobe Flash Player.

On Demand