The ripple effects of a federal government shutdown extend far beyond the marbled halls of Washington D.C., impacting communities across the nation. For Native American tribes, these shutdowns represent more than just political gridlock; they strike at the heart of a unique trust relationship with the United States government, a bond forged through treaties, historical agreements, and the U.S. Constitution. This article delves into the profound consequences of a government shutdown on tribal nations, exploring the intricate web of federal funding, essential services, and the delicate balance that sustains many tribal communities. This is especially true considering the Government Shutdown Hitting Tribes Hard.
At the core of the issue lies the federal government’s trust responsibility. This is a legally and morally binding obligation to protect tribal sovereignty, lands, resources, and the well-being of tribal citizens. It stems from historical treaties in which tribes ceded vast territories to the U.S. in exchange for certain guarantees, including essential services like healthcare, education, and resource management. A Government Shutdown Hitting Tribes Hard jeopardizes these promises.
When the federal government ceases operations due to a budget impasse, the consequences for tribes can be immediate and devastating. Many tribal governments rely heavily on federal funding to provide critical services to their citizens. These services range from basic necessities like food and housing assistance to vital programs addressing child welfare, job training, and natural resource protection. Without consistent federal funding, tribes are forced to make difficult choices, often cutting essential programs and furloughing employees, ultimately impacting the lives of their members.
The shutdown that began on October 1st, marked the culmination of a contentious budget battle in Congress. The crux of the disagreement centered around the Affordable Care Act (ACA), also known as Obamacare. Republicans in the House of Representatives sought to delay or defund portions of the ACA as part of the budget process. However, the Democratic-controlled Senate and the White House staunchly opposed these measures, leading to the first federal shutdown in 17 years.
Edward Thomas, president of the Central Council of Tlingit and Haida Indian Tribes, poignantly described the situation: "What is just partisan game playing in Washington, D.C. is a battle for survival in Indian country where many of us barely subsist." His words encapsulate the stark reality faced by many tribes, particularly those without substantial economic development opportunities like gaming. For these tribes, an interruption in federal funding can be catastrophic, forcing them to borrow money at high interest rates simply to meet payroll obligations and maintain essential services. The Government Shutdown Hitting Tribes Hard is a very accurate description of the situation.
Ron Allen, chairman of the Jamestown S’Klallam Tribe, expressed his disappointment with the political maneuvering that led to the shutdown. He criticized the "my way or the highway" approach, emphasizing the need for Congress to find common ground and work together to address the nation’s challenges. Allen predicted that the shutdown would be "devastating" for the majority of tribes that depend on federal resources. He highlighted the vulnerability of tribes lacking alternative revenue streams, emphasizing the critical role of federal funding in sustaining their communities.
In the lead-up to the shutdown, tribal leaders voiced their concerns to officials at the Departments of the Interior, Health and Human Services, and other federal agencies. The White House held a teleconference with tribal leaders, during which administration officials placed the blame for the shutdown on House Republicans. Kevin Washburn, Assistant Secretary for Indian Affairs at the Department of the Interior, also sent a letter to tribal leaders outlining the department’s contingency plan.
A key point of contention was the House’s attempt to tie a suspension of Obamacare to the budget bill. This move was unpopular with tribal leaders, many of whom supported the ACA due to its provisions supporting the Indian Health Care Improvement Act. This act aims to improve healthcare services for Native Americans, making the potential defunding of the ACA a significant concern for tribal communities.
The true extent of the impact on tribes hinged on the duration of the shutdown. The longer the government remained shuttered, the more severe the consequences for tribal programs and services. While Congress and the President continued to receive their salaries during the shutdown, tribal communities faced the prospect of dwindling resources and disrupted essential services.
Despite the overall negative impact, one silver lining emerged. The most recent continuing resolution, excluding the Obamacare provisions, did not include proposals from the White House Office of Management and Budget that would have limited the federal government’s payment of contract support costs to tribes. These costs are essential for tribes to administer federal programs and provide services to their members. The withdrawal of these proposed limitations was a welcome development, albeit overshadowed by the larger crisis of the shutdown.
However, the continuing resolution maintained funding for Indian country at sequestered levels. Sequestration, a series of automatic across-the-board spending cuts, had already significantly reduced funding for tribal programs, leading to widespread concerns about the federal government’s commitment to its trust responsibility. Tribal leaders argued that the sequester cuts were a major violation of the government’s obligations to Native Americans, as enshrined in treaties, the Constitution, and established policies.
Tribal advocates pushed for the removal of sequestration from Indian programs, but the White House maintained that no programs would be exempted. This stance highlighted the challenges faced by tribes in securing adequate funding and protecting their essential services from budget cuts. Some tribal leaders explored alternative options, such as forward funding for Indian health programs and essential government services, but the political feasibility of such proposals remained uncertain.
The immediate impact of the shutdown was felt throughout the federal workforce. Approximately 800,000 non-essential government employees were furloughed, including a significant number working in agencies that serve Native American tribes. At the Department of the Interior, a large portion of employees focused on Indian affairs were laid off, leading to the cessation of critical programs at the Bureau of Indian Affairs (BIA). These programs included the management and protection of trust assets, oversight of environmental assessments, management of oil and gas leasing, timber harvest operations, tribal government-related activities, and the disbursement of financial assistance to needy individuals.
While the situation at Interior was less dire than during previous shutdowns, the impact was still significant. Forward-funding in education and transportation helped to mitigate some of the disruption, and a larger law enforcement staff remained on duty. Additionally, employees in power and irrigation were able to continue working due to their salaries being generated from collections, not appropriated funds.
The Indian Health Service (IHS), which provides direct health services to tribal citizens, was largely unaffected by the shutdown in terms of direct clinical care. However, the IHS was unable to provide funding to Tribes and Urban Indian health programs, and national policy development and oversight functions were curtailed.
Chris Stearns, a Navajo lawyer with Hobbs Straus, characterized the shutdown as another blow to the relationship between the federal government and tribes. He argued that the trust responsibility and the right to federal services, for which Indian country had already paid with its lands, were being diminished. Stearns, who had worked on Capitol Hill during previous government shutdowns, drew parallels to past crises, highlighting the recurring nature of these challenges for tribal communities.
In conclusion, the government shutdown serves as a stark reminder of the vulnerability of Native American tribes to political gridlock and budget uncertainties. The interruption of federal funding disrupts essential services, jeopardizes the well-being of tribal citizens, and undermines the federal government’s trust responsibility. While the immediate crisis may eventually pass, the long-term consequences can be far-reaching, impacting tribal sovereignty, economic development, and the overall health and vitality of tribal communities. The cycle of funding crises and political maneuvering underscores the need for a more stable and reliable funding mechanism for tribal programs, ensuring that the promises made to Native American tribes are honored and upheld. The Government Shutdown Hitting Tribes Hard, and the trust relationship that exists between the federal government and the tribes, needs to be re-evaluated.