In behalf of the Leech Lake Reservation Tribal Council, I thank you I hereby submit the following statement to you and for the record. Very Sincerely, Alfred RPuberter Alfred R. Pemberton LEECH LAKE RESERVATION TRIBAL COUNCIL R.R. 3, BOX 100 CASS LAKE, MINNESOTA 56633 Let me begin by reminding you that the federal governments trust responsibility for the delivery of health care to American Indians and Alaska Natives is a unique commitment arising out of treaties, statutes, case laws, and the United States Constitution. These establish a clear government to government relationship between Indian tribes and the United States of America. Let me further emphasize that this relationship does not classify Indian tribes as a minority, special interest group or a governmental department of the United States of America or the states in which we reside. Indians have ceded millions of acres of land and other resources in exchange for health care services. May I quote Senator Daniel Inouye in part by stating that American Indians and Alaska Natives have a "prepaid health plan" in exchange for ceded lands. Let me give you an overview of the history of the Leech Lake Reservation. The reservation was initially established by a treaty in 1855 with the United States Government. Of the original 677,099 acres, only 27,156 acres remain in tribal possession. The population are members of the Lake Superior, Lake Winnibigosh, Mississippi, Pembina, Pillager and Red Lake Bands of the Minnesota Chippewa. Significant pieces of history of treaties, laws and court cases that provide for health care to our tribe are: 1. TREATY WITH THE CHIPPEWA OF THE MISSISSIPPI AND THE PILLAGER AND LAKE WINNIBIGOSH BANDS, 1863 The United States agrees to furnish physician services in exchange for ceded lands. 2. TREATY WITH THE CHIPPEWA, MISSISSIPPI, AND PILLAGER AND LAKE WINNIBIGOSH BANDS, 1864 The United States continues commitment to provide physician services for more ceded land. PAGE TWO STATEMENT OF CHAIRMAN ALFRED R. PEMBERTON "HISTORICAL PERSPECTIVE ON INDIAN HEALTH CARE" 3. TREATY WITH THE CHIPPEWA OF THE MISSISSIPPI, 1867 The United States commits support for physician services and funding for medicines for more ceded land. 4. 1921 SNYDER ACT, 25 U.S.C. 13; (42 Stat. 208); P.L. 94-482, (Sec. 410); 90 Stat. 2233 This act authorizes appropriations and expenditures for the administration of Indian Affairs and, for other purposes including health care. 5. 1954 TRANSFER ACT, (42 U.S.c. 2001 - 2005 (f); 68 Stat. 674; P.L. 83-568 This act transferred the maintenance and operation of hospital and health facilities for Indians to the Public Health Service to "meet the health needs of the Indians and that such health needs shall be given priority over those of the non-Indian population. 6. 1959 INDIAN SANITATION FACILITIES CONSTRUCTION ACT, P.L. 86-121 This legislation provides for water and waste disposal facilities to Indian homes, lands and communities. 7. 1965 OLDER AMERICANS ACT, (42 U.S.C. 3001) as amended This act promotes the delivery of supportive services, including nutrition services to older Indians which are comparable to services provided under Title 111. 8. 1975 INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT, P.L. 93-638; U.S.C. 450 as amended; (P.L. 100-202, 446, 472, 581) This was enacted to improve tribal governing capacities, to prepare for contracting of Bureau programs, to enable tribes to provide direction to the Bureau, and to have input to other federal programs intended to serve Indian people. This was amended in 1980 and 1988 to provide for tribes to contract to administer directly, services otherwise provided by the Indian PAGE THREE STATEMENT OF CHAIRMAN ALFRED R. PEMBERTON "HISTORICAL PERSPECTIVE ON INDIAN HEALTH CARE" Health Service for their benefit, allowing local tribal control. 9. INDIAN HEALTH CARE IMPROVEMENT ACT, 1976 (P.L. 94-437) This was enacted to expand and improve the delivery of care under the Indian Health Service, and to establish new authority for Indian health professional development and clinics to serve urban Indian populations. INDIAN HEALTH AMENDMENTS OF 1980 (P.L. 96-537), 1988 (P.L. 100713), 1990 (P.L. 101-6300 and 1992 (P.L. 102-573) These were enacted to continue and expand provisions under the original Indian Health Care Improvement Act, adding comprehensive mental health services, tribal facilities development, underscoring the federal responsibility to elevate the health status of Indians and Alaska Natives to the highest possible level, and setting out specific health status objectives to be met by the year 2000. 10. INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT, 1986 SUBTITLE C OF TITLE 1V OF THE ANTI-DRUG ABUSE This act provides for programs for the treatment and prevention of alcohol and substance abuse in Indian communities. 11. WHITE V. CALIFANO, 437 F. SUPP. 543, 555-57 (D.S.D. 1977), aff'd, 581 F. 2d 697 (8th Cir. 1978) (INDIAN HEALTH CARE IMPROVEMENT ACT) This court case reaffirmed the federal governments legal responsibility to provide health care to Indians. It cites that the federal government has a bulging volume of U.S. Codes that pertain to Indians and thus affirms the legal responsibility of the Indian Health Care Improvement Act. 12. 4-STATE INTERTRIBAL ASSEMBLY, RESOLUTIONS: 1-12-94-01, 1-12-94-02, 1-12-94-03 These tribal resolutions represent membership of American |