Native American Policy of the Barack Obama Administration

Native American policy of the Barack Obama administration refers to the public policies of the United States pertaining to Native Americans since Barack Obama's presidential inauguration in 2009. Obama has been praised by many tribal leaders who claim he has done more for Native Americans than all of his predecessors combined.^[1] This has not protected Obama from criticism from Native communities, however, as evidenced by the existence of groups such as Native Americans Against Obama. Many Native American peoples struggle to trust federal governments at all; as Tex "Red Tipped Arrow" Hall, tribal chairman of the Mandan, Hidatsa and Arikara Nation in North Dakota said, "our fathers and grandfathers and great grandfathers have gone to Washington, and there’s been no promises made and no promises kept. That’s why we’ve not trusted the federal government."^[2]

Significant events pertaining to Native American communities under the Obama administration include the signing of the Tribal Law and Order Act of 2010, Obama's support of Executive Order 13175,^[3] the launching of Michelle Obama's program Let's Move In Indian Country^[3], certain provisions of Obama's American Recovery and Reinvestment Act of 2009, the settlement of the Keepseagle case and the signing of Executive Order 13592, which seeks to improve educational opportunities for American Indian and Alaska Natives.^[4]

Public Statements on Native American Issues

Obama re-affirmed his commitment to government-to-government relations through his December 2, 2011 visits to reservations and meetings with tribal leaders during the signing of the Presidential Memorandum for the Implementation of Energy Saving Projects and Performance-Based Contracting for Energy Savings.^[5] He said, "I believe that one day, we’re going to be able to look back on these years and say that this was a turning point. This was the moment when we began to build a strong middle class in Indian Country; the moment when businesses, large and small, began opening up in reservations; the moment when we stopped repeating the mistakes of the past, and began building a better future together, one that honors old traditions and welcomes every Native American into the American Dream."^[6]

During his June 2014 visit with Standing Rock Sioux members, Obama focused on discussions concerning education and economic development and spoke of his personal commitment to improving federal-tribal relations.^[7] Obama's trip was one of only three presidential visitations to reservations in the history of the U.S.; before him, Bill Clinton, in 1999, was the last president to visit a reservation.^[7] Obama later hosted the Sixth Annual Tribal Nations Conference in Washington D.C. where he spoke with not only Standing Rock members, but leaders that represented a span of the 566 federally-recognized tribes.^[8]

Sixth Annual Tribal Nations Conference

The Sixth Annual Tribal Nations Conference was held from December 2, 2014 – December 3, 2014, in Washington, D.C.^[9] Leaders from the 566 federally-recognized American Indian nations were present, along with the President, members of the cabinet, and the White House Council of Native American Affairs.^[10] Together, they spoke of issues pertinent to Native American communities, including protection of natural and cultural resources, tribal soveriegnty and autonomy, economic development, and health disparities in Native communities.^[10]

Education

The U.S. Department of Education, under the direction of the Obama Administration, and Obama appointee William Mendoza, Director of the White House Initiative on American Indian and Alaska Native Education, has created policies that seek to address disparities in education that affect Native American and American Indian students. These policies include Executive Order 13592 and the launch of pilot program State-Tribal Education Partnerships (STEP).

Executive Order 13592

President Obama signed the Executive order 13592 on December 2, 2011.^[11] The executive order, Improving American Indian and Alaska Native Educational Opportunities and Strengthening Tribal Colleges and Universities, was part of Obama's larger educational platform which aims to "improve opportunities and outcomes for the nation’s students." ^[12] The initiative was co-chaired by the "U.S. Department of Education Secretary Arne Duncan and U.S. Department of Interior Ken Salazar." ^[11] Obama's appointee of the Director of the White House Initiative on American Indian and Alaskan Native Education, William Mendoza, a Rosebud tribal member, led the charge.^[13] The bill has been contested by tribal leaders.^[14]

The order aims to push the leadership of the Bureau of Indian Education to the United States Department of Education (DOE), connecting American Indian education initiatives to the resources and expertise of the DOE.^[14] The bill seeks to ensure that all American Indian students, despite their institution of choice, have access to support from the federal government.^[15] The order authorized the establishment of the Tribal Leaders Taskforce and the Federal Interagency Working Group, which aim to work to create, enhance, and reform educational policies and programs that affect Native American and American Indian students.^[11] Further, the bill pushes for the advancement of American Indian and Alaskan Native early education programs, reform within elementary and secondary schools and higher standards for tribal colleges and universities.^[11]

Executive Order 13592 superseded Executive Order 13270 which was ratified by President George W. Bush in 2002. The new order attempts to address the "development challenges endemic to reservation communities by fostering increased levels of human capital accumulation and enterprise development." ^[11]

State-Tribal Education Partnerships

In May 2012, the United States Department of Education announced the pilot launch of their program, the State-Tribal Education Partnership (STEP).^[16] The program awarded 1.9 million in grants to tribal education agencies. The program aims to bridge gaps between the tribal education agencies and State educational agencies, maximizing the potential of tribal efficacy in education initiatives.^[16] In turn, the program aims to create a clear understanding of American Indian and Alaskan Native education needs within State educational agencies to serve Native populations more effectively.^[16] The initiative was led by Obama's appointee of the Director of the White House Initiative on American Indian and Alaskan Native Education, William Mendoza, a Rosebud tribal member.^[13]

Tribal Leaders Speak: The State of Education, 2010

In 2010, the United States Department of Education generated the report, Tribal Leaders Speak: The State of Education, 2010. ^[17] The report was an accumulation of "six official consultations with tribal leaders and American Indian educators across the country in 2010." ^[17] The compilation included an open letter to tribal leaders by U.S. Department of Education Secretary Arne Duncan which explains the Obama Administration's commitment to American Indian and Alaska Native Education.^[18] In the report, many tribal leaders expressed concerns that no tangible action would be taken. This was exemplified when Akiak Tribal Chief Ivan M. Ivan asked the administration to "please let us know what the results of all this is because I've been to many of these over 40-some years and, in most cases, nothing happens." ^[18] The remainder of the report includes outlines of previous research studies, Tribal leader testimonies and summaries and conclusions.^[18]

Tribal Law and Order Act of 2010

The Tribal Law and Order Act of 2010 is a bill signed into law by President Barack Obama on July 29, 2010.^[19] The law allows tribal courts within Indian country to increase jail sentences handed down in criminal cases.^[20] This law aimed to increase the autonomy and efficacy of justice systems within Native communities. This addressed issues of weak law enforcement policies that affected many tribal communities, especially Native women.^[21] The act includes an emphasis on the decreasing of violence against Native women.^[21]

The act ultimately allows for tribes to hold criminals accountable for their actions, as well as allows for reservation crimes to be prosecuted in Federal courts.^[21] Increased communication between tribal justice system, federal authorities and the court system are to be put in place.^[21]

In addition to the act's aims towards prosecution, it also creates provisions for crime prevention, including the reformation and reinvigoration of alcohol and substance abuse programs for Native communities.^[21] In addition to this, it reauthorizes and improves programs that assist and improve outcomes for at-risk Indian youth.^[21]

Health Care

Affordable Care Act

Under the Affordable Care Act, American Indian and Alaska Natives have increased options for healthcare insurance. Although those who are eligible can continue to use Indian Health Service, tribal, or urban Indian health insurance programs, or gain coverage through programs such as medicaid and medicare, American Indian and Alaska Natives an now also register for qualified health plans under the Affordable Care Act.^[22] Some benefits of the Affordable Care Act are only available to those of Indian descent or tribal membership.^[23] These health plans grant better access to services that insurance from tribal, Indian Health Service, or urban Indian health programs may not be able to provide.^[23]

Due to treaties between different tribes and the United States federal government, those with tribal membership have access to free healthcare, and are not penalized for being uninsured under the Affordable Care Act.^[24] These provisions can be difficult to take advantage of for tribe members who do not live on tribal lands, where most tribal-led health facilities are located. In addition to the access issues, due to lack of funding, those who's health issues are seen as lower priority can wait years for treatment.^[24] Leaders within Indian Health Service have also stated that if more Native American and Alaska Natives transferred to health plans under the Affordable Care Act, there will be more funds to address other issues, "We’re not funded at the entire need for our population,” says Geoffrey Roth, senior advisor to the Director of the Indian Health Service. “So we, in many cases, have to prioritize medical needs, and by doing that we’re not able to provide all of the care that individuals need.” ^[24] Further, the expanded insurance options can be used by American Indian and Alaska Natives that move out of state for college, and for those who frequently travel away from tribal lands.^[25]

In addition to the sweeping changes that the Affordable Care Act put in place, the act included the Indian Health Care Improvement Act.^[26]

Indian Health Care Improvement Act

The Indian Health Care Improvement Act is a bill signed into law by President Barack Obama on March 23, 2010.^[26] The law was part of the Patient Protection and Affordable Care Act.^[26] The bill was originally enacted by President Gerald Ford in 1976, which version had an expiration date in 2000. Obama's reauthorization for the bill has made it permanent.^[27] The bill was created in order to address the huge health disparities that affect communities in Indian country.^[28] Prior to the passage of the act, tribal leaders, activists, and the National Congress of American Indians had worked for fourteen years in order to make the legislation permanent.^[28]

The act authorizes continued and permanent "daily health care delivery to nearly 2 million American Indians and Alaska Natives served by the Indian Health Service (IHS), who are in critical need of improved health care services." ^[28] The act also authorizes the creation of programs for Indian Health Services that will address the health issues that Native communities face.^[28] Programs will include emphasis on addressing issues of mental and behavioral health, home health care and assisted living, patient travel costs, healthcare facility construction, dialysis services, referral payments, veteran Indian health concerns, and urban Indian health programs.^[28]

Tribal Law and Order Act of 2010

In addition to the issues of justice and prosecution that the Tribal Law and Order Act of 2010 addresses, the act also authorized improvement and creation of programs that address alcohol and substance abuse.^[21]

Keystone XL Pipeline

Description

The Keystone Pipeline System is an oil pipeline system that runs through Canada and the United States.^[29] The project has two complete phases, with a third phase, The Houston Lateral, currently under construction, which is scheduled to be completed in 2015.^[29] The fourth and most recent phase of the system, the Keystone XL, was proposed in 2008, and would consist of 526 kilometers of new pipeline.^[30][31][32] The pipeline would run from Alberta, Canada, where the first Keystone pipeline begins, and run through North Dakota, South Dakota, Nebraska, and Kansas.^[33] From Kansas, the oil could be transported through existing Keystone pipeline systems, including the Cushing Extension, and the Gulf Coast Project systems, allowing the oil to be transported as far as Nederland, Texas.^[33] Keystone XL Pipeline proponents say that the additional system would "bring essential infrastructure to North American oil producers, but it will also provide jobs, long-term energy independence and an economic boost to Americans." ^[34] Many Indigenous communities, however, are opposed to the proposed system.^[35]

Implications for Indigenous People

Many Native American communities and tribal leaders are opposed to the proposed system, for reasons including increased health hazards, contamination of surface water, and the intrusion and possible destruction of sacred lands and ritual sites.^[36] TransCanada's Pipeline Permit Application to the South Dakota Public Utilities Commission cited possible damages that included damage to "prehistoric or historic archaeological sites, districts, buildings, structures, objects, and locations with traditional cultural value to Native Americans or other groups." ^[37]

On September 2, 2011, American Indian and Canadian Native leaders protested the pipeline in front of the White House, and were arrested.^[36] Leaders traveled from across the United States and Canada in order to take a public stance against the pipeline. The aim of the group was to push President Obama to not allow a permit to begin construction on the oil system.^[36]

In solidarity with Native American communities, the Dene people of Canada "passed a resolution standing in solidarity with Native Americans and other people opposing the Keystone XL pipeline," said Chief Bill Erasmus, Dene Regional Chief of NWT and representative of the Assembly of First Nations.^[36]

Legislative Reactions

On June 30, the United States Senate voted 62 to 36 on a bill that would force Obama's approval of the Keystone XL Pipeline.^[31] The United States House of Representatives passed the bill on February 12, 2015.^[31] Ten days later, President Obama vetoed the legislation.^[31]

Since then, the senate has failed to gain two-thirds vote in order to override the veto of the bill.^[31]

References