Hearings to examine Indian Self-Determination and Education Assistance Act successes and opportunities at the Department of the Interior and the Indian Health Service.

2025-09-17

Summary

This oversight hearing convened to examine the Indian Self-Determination and Education Assistance Act (ISDEA) on its 50th anniversary, focusing on its successes and ongoing challenges at the Department of the Interior (DOI) and the Indian Health Service (IHS)[ 00:22:24-00:22:27 ] [ 00:22:51-00:22:59 ]

. Participants universally recognized ISDEA as a transformative law that empowered tribal nations and improved outcomes, but also highlighted persistent bureaucratic obstacles and a lack of timely federal responsiveness that undermine its objectives[ 00:23:19-00:23:28 ] .

Impact and Success of the Indian Self-Determination and Education Assistance Act (ISDEA)

ISDEA, enacted 50 years ago, fundamentally reshaped the federal-tribal relationship by allowing tribes to take over the administration of federal programs and services, leading to improved outcomes and cultural thriving [ 00:23:03-00:23:28 ]

. Speakers emphasized that tribal-led programs are more effective and efficient than federal administration, tailoring services to unique community needs [ 00:23:24 ] . Notable examples included Alaska's tribal health compact, which manages over 99% of health programs in the state, and the Cherokee Nation's advanced healthcare system and significant economic impact [ 00:23:42-00:24:02 ] . The Cherokee Nation, for instance, operates 12 healthcare facilities and is replacing an IHS hospital with modern facilities, demonstrating leadership in rural healthcare innovation [ 01:11:15-01:11:42 ] . These successes illustrate that tribal self-governance builds capacity, improves leadership, and generates substantial economic benefits .

Federal Bureaucracy and Operational Challenges

Despite ISDEA's achievements, significant concerns were voiced regarding increasing federal bureaucratic hurdles and staffing shortages that hinder tribal programs [ 00:24:39 ]

. These challenges include delays in negotiating self-governance agreements, micromanagement of approved funds, and new administrative burdens imposed by federal agencies [ 00:24:47-00:24:55 ] . Specific issues highlighted were the Department of Interior's new 105L lease guidance, which mandates impractical appraisal standards, and the Treasury's ASAP system requiring justifications for every fund drawdown, which tribes argue conflict with ISDEA principles . These unilateral changes and staffing gaps, particularly at BIA and IHS, are stalling self-determination efforts and causing service delays, with some tribal leaders expressing anticipatory concerns about future technical assistance .

Lack of Tribal Consultation and Agency Responsiveness

A significant point of contention was the perceived lack of meaningful tribal consultation before implementing changes that impact ISDEA programs . Changes to 105L lease guidance and IHS personnel agreements were cited as examples of unilateral decisions undermining self-governance, increasing inefficiency, and impeding tribal operations . Vice Chairman Schatz questioned the absence of formal tribal consultation regarding executive orders affecting federal agencies, despite assurances from Mr. Smith that IHS educated new leadership on ISDEA's unique authorities [ 01:03:33-01:03:54 ]

. Concerns were also raised about federal employees discouraging tribes from pursuing self-governance agreements through misinformation . Senator Murkowski and Schatz pressed for timely resolution of payment issues and improved communication from federal departments .

Recommendations for Strengthening ISDEA

Witnesses provided several recommendations to enhance ISDEA's effectiveness, including ensuring full and stable funding for eligible programs and making certain payments, such as CSC and 105L, mandatory appropriations . They also called for aligning workforce decisions to strengthen federal-tribal partnerships, not weaken them, and requiring robust tribal consultation before implementing policy or structural changes . Additionally, expanding self-governance to other HHS and USDA programs was suggested to reduce unnecessary grant burdens and foster greater tribal autonomy .

Tone of the Meeting

The meeting maintained a generally constructive and respectful tone, while clearly conveying underlying frustration and urgency regarding specific bureaucratic hurdles [ 00:24:55 ]

. Speakers celebrated the significant successes of ISDEA over 50 years, highlighting tribal innovation and improved outcomes [ 00:23:19-00:23:28 ] . However, there was evident concern from committee members and tribal witnesses about federal agencies imposing new requirements and experiencing staffing shortages without adequate tribal consultation, which was described as undermining self-determination and creating delays . The exchange frequently involved committee members pressing federal agency representatives for concrete timelines and solutions, indicating a demand for accountability .

Participants

Transcript

Lisa A. Murkowski

Good afternoon. I'm going to call this oversight hearing to order. Today we're here to examine the Indian Self-Determination and Education Assistance Act. I call it ISDEA. Does anybody else call it ISDEA? There's been such debate about the correct pronunciation. So as a committee, I would like us to agree on just calling it ISDEA? ISDEA. Indian Self-Determination and Education Assistance Act, if we use that every single time, this hearing is going to be twice as long, so it's ISDIA. But we're also going to talk about its successes at the Department of the Interior and IHS. This year, on January 4th, we marked the 50th anniversary of ISDIA being signed into law. Passed unanimously by Congress, ISDIA transformed the relationship between the federal government and tribes by empowering them to take over the administration of federal programs and services that serve tribes, tribal members, and native populations, and tailor them to their community's unique needs. Historically, these programs and services were provided by federal agencies directly through the BIA at Interior and through the IHS at the Department of Health and Human Services. Over the past five decades, tribal nations have proven time and again that self-determination and self-governance work. And they work because no one understands the needs of Native communities better than the communities themselves. And when tribes are in charge of the programs that serve their people, outcomes improve, opportunities grow, and cultures thrive. Alaska is a perfect example of this. Take the Alaska Tribal Health Compact, which was established early in the self-governance era. It showcases what's possible through self-governance. Alaska is the only state in which over 99% of health programs are managed by tribes and tribal organizations. And it has led to world-class health care and public health services to over 170,000 Alaska Native people, from Anchorage to the most remote corners of our state.

Lisa A. Murkowski

But it's not just in my state of Alaska. Many tribes across the country have built effective programs over generations using ISDIA. investing their own resources, training their own workforce so that they better align with their culture and community needs. These are the models of local innovation and sovereignty, and they deserve both protection and sustained support. In order to continue and build on these successes, we need federal agencies to be good partners. Having the right people, departments, and processes in place to approve and enable ISDEA agreements is essential. Now, I do have concerns about how the executive orders on optimizing the workforce across the federal government and reductions in force are affecting tribal programs. So I've reached out to both HHS, DOI, and other departments, urging each to exempt tribal programs and staff. My colleagues and I have heard regularly from Native communities about changes to service delivery and processes, empty staff positions, shortened deadlines, and ever-circling rumors of perhaps more changes to come. So right now, it's more important than ever for Congress, the administration, and tribes to work collaboratively and seek solutions that work for their communities. We know the benefits go beyond Native communities into every corner of the country. So I want to thank all of our witnesses for being here today. I know that the trip to D.C. is not always an easy one, but know that your time and your expertise are invaluable. The insights you share will help inform our continued work to strengthen federal programs and uphold the promises made to tribes and Native people. So I look forward to your testimony. I now turn to the Vice Chair for his opening statement.

Brian Emanuel Schatz

Vice Chair Gensler. Thank you, Chairman Murkowski. In 1970, President Nixon signaled a shift in U.S. policy away from an era of termination and toward self-determination for tribal nations. Congress responded with a bipartisan promise. Let tribes run federal programs that serve their own people and fund them fairly. That promise became what we all know as ISDIA. It's not a pilot program. It is not DEI.

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