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December 26, 2024 - Washington, D.C. – U.S. Senator Elizabeth Warren (D-Mass.) has reintroduced the Honoring Promises to Native Nations Act. The bill is designed to implement recommendations from the report Broken Promises: Continuing Federal Funding Shortfall for Native Americans, published by the U.S. Commission on Civil Rights in December 2018. The report was drafted with extensive input from Tribal governments and citizens and other stakeholders, concluding that federal programs designed to support the social and economic wellbeing of Tribal Nations and Native peoples remain chronically underfunded and often inefficiently structured. 

While the federal government has substantial trust and treaty obligations to Tribal Nations, it has repeatedly failed to honor these obligations. The report put it bluntly: “The United States expects all nations to live up to their treaty obligations and it should live up to its own.”

This bill reaffirms the relationship between the federal government and Tribal nations and would strengthen federal programs for Native communities. The bill lays out a path to ensure the United States meets its promises to Tribal nations. Provisions in the Honoring Promises to Native Nations Act include:

• Criminal Justice and Public Safety: Grants full Tribal jurisdiction modeled on the Violence Against Women Act’s special tribal criminal jurisdiction, with funding to implement it if tribes choose; provides funding for Tribal justice systems, Tribal law enforcement, and detention facilities; requires Tribal consent before a federal execution of a Tribal citizen; establishes grants to support Native victims of crime; victim advocates for Native victims of all crimes;

• Health Care: Provides full, mandatory, inflation-adjusted funding for the Indian Health Service; funding for the Sanitation Facilities Construction Program; provides funding for the Special Diabetes Programs for Native Americans; permanent FMAP for Urban Indian Health Programs; Medicaid coverage of any services provided by Indian health care providers; strengthens Native Hawaiian health care programs; provides funding for Tribal Epidemiology Centers; Medicaid reimbursement for substance use disorder facilities; requires conferring with Urban Indian Health Programs; Medicaid work requirement exemption; clarification of Medicaid policies.

• Education: Provides full funding for Tribal Colleges and Universities, expanding TCU instruction and outreach, and TCU construction, modernization, & repair; full funding for Bureau-funded schools, including construction, modernization, and repair; support for Native language revitalization, and address shortage of Native teachers and of teachers in Native-serving schools (based on Senator Tester’s legislation); Johnson-O’Malley funding; support for culturally inclusive education; support for Alaska Native education programs; Every Student Succeeds Act implementation; funding for local Tribal educational agencies and offices; strengthen TCU graduate and Native language programs.

• Housing: Provides full funding for the Indian and Native Hawaiian Housing Block Grant Programs; set aside of USDA rural housing funding; allow Tribal housing authorities to administer their own voucher programs; funding for the Indian Community Development Block Grants, Section 184 Indian and Native Hawaiian Home Loan Guarantee Programs, and Native American Direct Loans; Tribal HUD-VASH (based on Senator Tester’s bill); Housing Improvement Programs; establishes a Coordinated Environmental Review Workgroup.

• Economic Development: Provides funding for Tribal roads, transit, and transportation programs; funding for Native CDFIs, funding for water pollution control; water and waste disposal program funding; additional funding for fractionated land buybacks; funding for a Tribal Broadband Fund; strengthen the FCC Office of Native Affairs and Policy; establishes an FCC Tribal Spectrum Market, and affirm Tribal ownership of spectrum over their lands, in line with Senator Warren’s DIGITAL Reservations Act; E-rate expansion; Tribal Connectivity Fund; funding for USDA Office of Tribal Relations funding for broadband support. 

“This bill will help restore the relationship between our government and Tribal nations and empower them by providing significant, long-term funding for Native communities,” said Senator Warren. “I remain committed to ensuring the U.S. government honors its promises.”

“The National Congress of American Indians continues to support and applaud the Honoring Promises to Native Nations Act, and NCAI is pleased that Senator Warren has  reintroduced it. As NCAI did in 2022, we stand ready to support the understanding of the legislation. The Act is predicated upon upholding the promises made by the U.S. and would address the recommendations of the U.S. Commission on Civil Rights that our federal government provides ‘steady, equitable, and non-discretionary funding’ to Tribal Nations. To reiterate NCAI’s prior statements, the U.S. has not lived up to the trust responsibility to Tribal Nations and there is indisputable evidence that a crisis of need exists throughout Indian Country on many fronts. The Act provides for needs in health care, public safety, housing, education, economic opportunities, and critical touchstone infrastructures, such as broadband. All of these, and others, are essential needs in Indian Country every day, necessary to the fundamental quality of life in Tribal communities. The same quality of life that every American expects in their own community,” said Larry Wright, Jr., Executive Director of the National Congress of American Indians. “As the Federal-Tribal trust relationship endures into this 21st Century and beyond, this Act represents a necessary evolution of the trust relationship. The Honoring Promises to Native Nations Act breathes life into a fundamental tenet at NCAI, that Indian Country is a non-discretionary part of our national society.”

“American Indians and Alaska Natives are this Continents’ First Peoples, yet we remain last in health care status and in accessing robust public health and clinical health services.  Despite the sacred promises the United States negotiated with us, we continue to live sicker and die sooner than every other group in America. This must change. The U.S. Commission on Civil Rights Broken Promises report exposes the often desperate and largely invisible struggles our Nations, communities, and the health systems that serve us endure because the United States continues to break its promises to Tribes. The National Indian Health Board applauds the Honoring Promises to Native Nations Act, and any other congressional efforts to turn this around and honor the Trust and Treaty obligations of the United States to Tribal Nations,” said Chief Bill Smith, Chairman of the National Indian Health Board, and Vice President of the Valdez Native Tribe.

“The Honoring Promises to Native Nations Act is a pivotal step in the right direction to ensure that total funding is needed for Native education and empowering our Native youth both in and out of the classroom. We look forward to working with Senator Warren, Representative Kilmer, and all other members of Congress to advance educational opportunities for Native students,” said the National Indian Education Association.

“The American Indian Higher Education Consortium (AIHEC) and the Tribal Colleges and Universities (TCUs) have been beacons of hope for Tribal Nations by offering culturally relevant, place-based Tribal higher education. We endorse the Honoring Promises to Native Nations Act to address and rectify the dark passages of Native American history. The failure of the U.S. Government to live up to their treaty promises is not simply a thing of the past but an ongoing legacy that our children have inherited, and they live with the burden of these failures,” stated Ahniwake Rose, AIHEC’s President & CEO, “We applaud Senator Warren’s and Representative Kilmer’s efforts to acknowledge the past and address these broken promises. We encourage Congress to offer our future generations a new legacy and pass this act as it is a path toward growth and sustainability of Tribal Nations, including through excellence in Tribal higher education.”

“The National Council of Urban Indian Health (NCUIH) is pleased to endorse the CDC Tribal Public Health Security and Preparedness Act which would provide Tribes access to funds to prepare for public health emergencies. We are grateful that this bill includes Urban Indian Organization input on the development of public health plans. Equitable access to critical preparedness funds ensures Indian Country is prepared to respond to future public health emergencies,” said Francys Crevier (Algonquin) J.D., CEO, NCUIH.

"The National Indigenous Women's Resource Center (NIWRC) supports the Honoring Promises to Native Nations Act, which seeks to hold the federal government to its trust and treaty obligations, empower Tribal governments, and improve the lives of American Indian, Alaska Native, and Native Hawaiian people," said Lucy R. Simpson, Executive Director, NIWRC. 

“Historical underfunding has continued to remain an issue for Indian Country. We need federal legislation that reaffirms our important nation-to-nation relationship with the federal government. We thank Senator Warren and Congressman Kilmer for their most recent legislation, The Honoring Promises to Native Nations Act, to address these critical issues,” said the Native American Finance Officers Association.

“The Native CDFI Network (NCN) wholeheartedly supports the Honoring Promises to Native Nations Act, and we commend Senator Warren and Congressman Kilmer for refining the language of this emerging legislation to authorize the appropriation of unspent Treasury dollars for the benefit of Indian tribes, in particular to Native community development financial institutions (CDFIs),” said Pete Upton, Interim CEO of NCN. “Increasing the flow of federal resources to Native communities in this way represents an important step in righting the longstanding wrongs perpetrated against our communities, and Native CDFIs are uniquely equipped to transform these resources into positive, lasting outcomes for Native consumers, small business owners, and homeowners.”

“Our Broken Promises report underscored the federal government’s failure to meet its trust responsibilities to Tribal Nations, perpetuating inequities in funding and services. This legislation represents a critical opportunity to reverse this trend and provide Native communities with the resources they need to thrive. The federal government must prioritize equitable, steady, and mandatory funding to empower Tribal Nations to exercise self-governance and build stronger futures for their people. Under Secretary Haaland’s leadership, progress has been made on the Commission’s recommendations, but we cannot stall. Congress must act to honor trust obligations and secure lasting change for Indian Country,” said Chair Rochelle M. Garza, USCCR.

“USET SPF welcomes and is encouraged by the introduction of the Honoring Promises to Native Nations Act. The problems caused by centuries of failure in the delivery of trust and treaty obligations are deep-seated and complex. Accordingly, this legislative initiative will require sustained and thoughtful effort on the part of Congress and Tribal Nations to properly address the findings of the Broken Promises Report. We commend Senator Warren, Representative Kilmer, and their staff for their courage and diligence in ensuring that meaningful action is taken in response to Broken Promises. We look forward to further collaboration to refine and strengthen the bill,” said Chief Kirk Francis, President, United South and Eastern Tribes Sovereignty Protection Fund (USET SPF). 

“In its Broken Promises report, the U.S. Civil Rights Commission urged Congress to honor the federal government’s trust obligations and pass legislation that would finally provide steady and equitable funding to address unmet needs and support the public safety, health care, educational, housing, and economic development of Native tribes and people,” said former USCCR Commissioner Debo P. Adegbile. “We are grateful that Senator Warren and Congressman Kilmer transformed the Commission’s recommendations into actionable and meaningful legislation with the Honoring Promises to Native Nations Act. The bill would deliver on promises too long deferred.”

Senator Warren has worked to protect and advance tribal sovereignty, to emphasize the federal government’s trust and treaty responsibilities to Tribal Nations, and to affirm Washington’s government-to-government relationship with Tribal Nations:

• In May 2023, Senator Warren reintroduced the Truth and Healing Commission on Indian Boarding School Policies Act (S. 2907), which would establish a commission to formally investigate, document, and acknowledge the Federal Indian Boarding School Policies. In August 2021, she and Congresswoman Sharice Davids (D-Kan.), the House lead for this legislation, sent a letter to the Indian Health Service (IHS), urging the agency to ensure that culturally appropriate supports are in place for those affected by the Indian Boarding School Policies. Senator Warren also led a request that the Senate Committee on Indian Affairs hold a hearing on this bill. The Committee did so, and Senator Warren delivered remarks calling for passage of the bill. She originally introduced this bill in 2020 with then-Congresswoman Haaland.

  • In June 2023, the legislation was unanimously reported favorably out of the Indian Affairs Committee. Senator Warren delivered an opening statement at a business meeting of the Senate Committee on Indian Affairs which considered her bill, highlighting the need for a truth and healing commission to reckon with the trauma and suffering caused by the federal government’s Indian Boarding School policies

• In December 2022, Senator Warren and Representative Derek Kilmer (D-Wash.) introduced the Honoring Promises to Native Nations Act, historic legislation to address chronic underfunding and barriers to sovereignty faced by Indian Country as a result of the federal government’s failures to meet its trust and treaty responsibilities. The legislation would hold the federal government accountable for honoring the country’s legal promises to Native peoples.

• In April 2021, Senator Warren reintroduced the American Housing and Economic Mobility Act (S. 1368), which invests more than $2.5 billion to build or rehabilitate homes for American Indians, Alaska Natives, and Native Hawaiians, and allows tribal housing authorities to administer their own voucher programs. NAIHC adopted a resolution supporting this bill when it was reintroduced in the last Congress. She has long been outspoken about the need to address Indian Country’s housing challenges.

• Senator Warren fought to ensure that sovereign Tribal Nations have the resources needed to protect the health and well-being of their citizens during this pandemic. She has introduced a number of bills and taken other steps to advance the health and welfare of Native peoples, including:

  • the American Indian and Alaska Native Child Abuse Prevention and Treatment Act (S. 1868) (provisions of which were included in the Child Abuse Prevention and Treatment Act (CAPTA) Reauthorization Act of 2021);

  • the Tribal Medical Supplies Stockpile Access Act (S. 3444), legislation that would guarantee that the IHS tribal health authorities, and urban Indian organizations have access to the Strategic National Stockpile of drugs and medical supplies;

  • the Centers for Disease Control and Prevention (CDC) Tribal Public Health Security and Preparedness Act (S. 3968), which would ensure tribal nations have equal access to funding through the CDC to prepare for public health emergencies;

  • the Comprehensive Addiction Resources Emergency (CARE) Act (S. 3418), which would provide nearly $1 billion a year directly to tribal governments and organizations to combat the substance use epidemic—building on insights she gleaned at roundtables in which she participated with the Mashpee Wampanoag Tribe and at the Choctaw Nation;

  • the Native American Suicide Prevention Act, a version of which was enacted in December 2020 as part of the Consolidated Appropriations Act, 2021 (Public Law No. 116-260);

  • the Coronavirus Containment Corps Act (S. 188), which would require contact tracing collaboration with Tribal health authorities and funding for the IHS;

  • the Maternal Health Pandemic Response Act (S. 4769, 116th Congress), which would ensure that the federal response to the pandemic, including vaccine development, considers and addresses the specific challenges faced by Native women;

  • the Equitable Data Collection and Disclosure on COVID-19 Act (S. 3850, 116th Congress), which includes funding for Tribal data collection, and IHS consultation with Tribal Nations;

  • the COVID-19 Emergency Manufacturing Act (S. 3847, 116th Congress), which would provide COVID-19 products at no cost to federal, state, local, and IHS and Tribal health programs;

  • the COVID Community Care Act (S. 4941, 116th Congress), which would provide emergency funding for community organizations in medically underserved communities, including Native communities;

  • delivering floor speeches urging the swift nomination of an IHS director during the Trump administration, and highlighting the toll of the 2019 government shutdown on workers and families in Massachusetts, including those who rely on urban Indian health programs;

  • writing op-eds with other champions for Indian Country on health challenges facing Native communities; and

  • cosponsoring more than a hundred pieces of legislation to benefit Indian Country.

• The Department of the Interior launched a process to review and remove derogatory names—including those containing slurs against Native Americans—from federal lands, consistent with Senator Warren’s bill with Representative Al Green, the Reconciliation in Place Names Act (S. 2400).

• Senator Warren helped push for the establishment of an Office of Tribal and Native Affairs at the Treasury Department. She led a bipartisan group of senators urging Treasury Secretary Janet Yellen to establish the Office, echoing longstanding calls from Indian Country. In June 2022, the Treasury Department established a new Office of Tribal and Native Affairs, per Senator Warren’s request.

• Senator Warren stood with the Mashpee Wampanoag Tribe in their successful fight to save their reservation in Massachusetts. The Trump administration attempted to disestablish the Tribe’s reservation and litigated the matter. Senator Warren twice cosponsored legislation to provide a fix to the 2009 Supreme Court case Carcieri v. Salazar, so that Tribal Nations’ lands—like those of the Mashpee Wampanoag Tribe—can be taken into trust and protected. Senator Warren objected to the Trump administration’s efforts, and worked with colleagues and the Tribe to fight the disestablishment. Senator Warren joined then-Congresswoman Haaland in filing a bicameral, bipartisan amicus brief opposing the disestablishment. The Biden administration withdrew the Trump-era legal challenges, preserving the trust status of the Tribe’s homeland and ending the legal challenges it had faced from the executive branch. Last December, the Department of the Interior conclusively reaffirmed the trust status of the Tribe’s reservation, thus securing its future.

• Senator Warren has been a leader in the push to rescind the Medals of Honor awarded to U.S. soldiers who perpetrated the Wounded Knee Massacre. She has twice introduced the Remove the Stain Act (S. 1073), pushed for the bill’s inclusion in the National Defense Authorization Act, and urged President Biden to use his executive authority to rescind the medals.

• Senator Warren has pushed to expand Tribal connectivity. She introduced the DIGITAL Reservations Act (S. 4331, 116th Congress) to affirm Tribal Nations’ and Native Hawaiian organizations’ ownership of broadband spectrum over their lands. And she twice introduced the Extending Tribal Broadband Priority Act (S. 1365), to extend the Federal Communication Commission’s 2.5 GHz Tribal Priority Window.

• Senator Warren has worked for Tribal sovereignty on cannabis, including twice introducing the bipartisan STATES Act, which would keep states, territories, and Tribal Nations safe from federal overreach when deciding the best approach to marijuana.

• Senator Warren has been outspoken in her support of the Indian Child Welfare Act (ICWA). She was an original cosponsor of a resolution marking the 40th Anniversary of ICWA, and has joined two amicus briefs in support of the law.

• For years, Senator Warren has fought back against threats to Tribal lands and waters. She joined efforts to resist the Trump administration’s assaults on Bears Ears and Grand Staircase-Escalante National Monuments. And she applauded the Biden administration’s decision to reinstate protections for the monuments. Senator Warren also opposed efforts to advance the Keystone XL, Dakota Access, Line 3, and other pipelines. She joined two amicus briefs to support Tribal Nations’ efforts to halt operation of the Dakota Access Pipeline (DAPL). And she questioned Assistant Secretary of the Army for Civil Works nominee Michael Connor regarding the DAPL and the U.S. Army Corps of Engineers’ relationship with Tribal Nations during his confirmation hearing.
  Source: Senator Elizabeth Warren