The vice chairwoman of the Tohono Oβodham Nation told a House panel Wednesday that economic development on her remote reservation is hobbled by everything from a lack of basic infrastructure like roads and water to inadequate capital.
Wavalene Saunders said the Tohono Oβodham Nation is typical of tribes in rural areas that suffer from βprofound deficits in the availability of basic utilities to provide adequate drinking water, sanitation, and electricity.β
βUtility hookup in rural communities is extremely expensive, creating an often insurmountable barrier to the construction of the buildings from which economic development can take place,β Saunders said in testimony to the Indian and Insular Affairs Subcommittee of the House Natural Resources Committee.
She was one of four tribal witnesses at the subcommittee hearing on βUnlocking Indian Countryβs Economic Potential.β In addition to testimony about a lack of tools needed to thrive economically, a recurring theme was the need for greater tribal sovereignty and less bureaucratic interference.
Rep. Harriet Hageman, R-Wyo., acknowledged how federal processes βcan slow or in some cases halt development for years,β leaving tribal communities to bear the brunt of the consequences.
βAlthough tribes are sovereign governments, some suffer health, social and economic disparities, as well as higher poverty rates in comparison to other non-native communities,β Hageman, the subcommittee chair, said in her opening statement. βThese disparities contribute to higher rates of unemployment in Indian Country and an underdeveloped business and entrepreneur environment.β
Rep. Doug LaMalfa, R-Calif., said he shares tribesβ frustration over the obstacles they face trying to get anything approved, pointing to the slow progress on projects in his rural northern California district.
βIt requires an entire piece of legislation, to move at whatever pace it moves through, hopefully within a two-year cycle in Congress,β LaMalfa said of the process. βAnd thatβs got to be frustrating βcause itβs year, after year, after year.β
For the Tohono Oβodham, Saunders said, most projects need to go through a lengthy review by the Bureau of Indian Affairs. She cited a June 2022 report from the Government Accountability Office that said a review of land-use instruments like βeasements, right-of-way agreements, and valuations have hindered tribes from pursuing energy resource development opportunities that could provide significant benefits.β
βWe are prohibited from pursuing any of those endeavors in addressing the potholes, the cracks in the road, and our bridges and whatnot,β she testified. βIt becomes a liability issue if the Nation is to continue to address those needs, and so itβs the BIA at the federal level that is technically responsible for the roads on the Tohono Oβodham Nation.β
BIA approval often requires approval under the National Environmental Policy Act, which Saunders said βcan be very expensive and the costs are borne by the tribe.β
Joseph Rupnick, chairman of the Prairie Band Potawatomi Nation in Kansas, testified that the βcheckerboardβ ownership of land in his reservation β a system where the federal government βhas done nothing more but create a messβ β has further complicated the tribeβs development efforts.
βThis mess is compounded by the fact that the lands that we have retained are considered to be βtrustβ β that is lands owned by and under the jurisdiction of the federal government,β Rupnick said in his testimony. βIn my view, the idea of trust land is not normal and should be fixed to recognize that our Nation is the owner of our lands within our treaty-defined reservations and subject to our primary jurisdiction.β
Witnesses offered a variety of solutions, such as making it easier for tribes to levy taxes, letting them manage their land based on tribal laws and regulations, and passing the Buy Indian Act, which would let the Department of Health and Human Services set aside contracts for businesses controlled and owned by tribes.
Committee members appeared receptive, with some saying they were shocked to hear the hardships tribes face from lack of development, and the struggle to develop their land.
Rep. Jennifer GonzΓ‘lez-ColΓ³n, R-Puerto Rico, said land is the most important resource tribes have, not just for economic growth but also for βsocial-cultural issues.β
βAnd when you got all those restrictions, thereβs no way you can succeed,β GonzΓ‘lez-ColΓ³n said. βSo Iβm happy this committee is doing this hearing to see how we can expedite and allow all the tribes to use their land.β
Rep. Melanie Stansbury, D-N.M., said that as someone from a state where tribes are βamong some of the largest employers and generators of income,β she was especially surprised by Saundersβ testimony. But she said help is on the way in the form of Biden administration policies that have βmade massive investments, hundreds of millions of dollars of investments, that have not yet hit many of our communities, in terms of roads, water, broadband.β
Saunders said help is needed for her tribe, which faces the additional burden of its remote location. The Tohono Oβodham Nation has more than 34,000 residents spread across a reservation the size of Connecticut, straddling the Arizona-Mexico border.
βItβs about a good 50-minute drive to the nearest city and compared to the other tribes, their cities and towns are within their backyards,β Saunders said. βFor us, we canβt say that. And then weβre a border tribe, border of Mexico, we have membership in Mexico.β
Those needs were echoed by Rep. RaΓΊl Grijalva, D-Tucson, whose district includes the Tohono Oβodham Nation.
βThe critical infrastructure and economic challenges faced by the Tohono Oβodham Nation and those in rural tribal communities are top priorities,β he said in a statement released by his office. βWe are committed partners and will continue to work together to find opportunities to secure funding for affordable, reliable and quality public services.β
Saunders recommended more funding for technical assistance and change to bureaucratic processes like BIA review. She also said that it is important to invest in small businesses so rural tribes can become more self-sustaining.
β(Government funding) is not a fix-all because other tribes have their needs and their land bases are different,β Saunders said after the hearing. βJust because thereβs funding that they need provided across Indian Country, it really varies on the infrastructure (which) is kind of the biggest cost factor for us on our reservation.β