Invisible Children, Invisible Families A BLUEPRINT FOR SUPPORTING THE CHILD CARE NEEDS OF AMERICAN INDIAN AND A L A S K A N AT I V E FA M I L I E S November 2023 AUTH O R S Barb Fabre Linda K. Smith CEO, Indigenous Visioning and Director, Early Childhood Initiative, President, All Nations Rise Bipartisan Policy Center Rob Grunewald Caroline Osborn Economics and Public Early Childhood Initiative, Policy Consultant Bipartisan Policy Center ACK NOWLE DG E M E NT S The Bipartisan Policy Center is grateful to Barbara Chow and the Heising-Simons Foundation for their generous support of this work. M E TH O D O LO GY In 2022, the Bipartisan Policy Center concluded a review of 184 Tribal Child Care Plans to determine the extent to which Native American children have access to high-quality, culturally relevant child care and early learning. The results were published in a report titled "Righting a Wrong: Advancing Equity in Child Care Funding for American Indian and Alaska Native Families." That report led to a four-part webinar series focusing on how tribal history and sovereignty impacted child care access and policy. The authors also interviewed 40 stakeholders and experts between February 2022 and September 2023. Those quoted in the body of the report provided information in either a public webinar or an individual interview. For a list of those interviewed, please see the back cover. Parts of this report were informed by the four-part webinar series which addressed tribal sovereignty, tribal-state relations, and child care. The series was released between February 2022 and February 2023. • Part I: How Did We Get Here? - Understanding Tribes, Sovereignty, and How It Impacts Services for Indigenous Children • Part II: Understanding Sovereignty & Tribal-State Collaboration - Making Them Work for American Indian/Alaskan Native Child Care • Part III: Tribes and States Working Together for AI/AN Children • Part IV: Tribal Child Care – The Salish Kootenai College Learning Center The totality of our research, interviews, and webinars exploring tribal sovereignty, tribal-state communication and collaboration, and AI/AN early childhood programs on tribal reservations and in urban areas provide the basis for our recommendations to help address critical issues facing AI/AN communities. 2 Table of Contents 4 FOR EWOR D 5 E X ECUTIVE SU M MARY 10 S ECTION 1: STR E N GTH E N COM M U N ICATION AN D COLL ABOR ATION B ET WE E N STATE GOVE R N M E NT S AN D TR I B E S 19 S ECTION 2 : OPE N N EW APPROACH E S FOR TR I B E S TO S E RVE M E M B E R S LIVI N G OFF- R E S E RVATION I N U R BAN AR E AS 27 S ECTION 3 : R E FOR M FE DE R AL FU N DI N G TO ADDR E S S TR I BAL AN D AI/AN N E E DS US I N G DATA- DR IVE N M ETHODS 32 CONCLUS ION S AN D N E X T STE PS 33 ACK NOWLE DG E M E NT S 3 Foreword We would like to express our sincere appreciation to Barb Fabre and Rob Grunewald, who authored this report, and all those who generously shared their insights, experiences, and wisdom with us. Our work included several site visits and dozens of interviews This report "Invisible Children/Invisible Families: with Tribal leaders, parents, and tribal child care A Blueprint for Supporting the Child Care Needs of personnel. We commissioned the first-ever national American Indian and Alaska Native Families" is the survey of Native American parents asking about their result of several years spent examining the child care child care needs. Finally, we consulted and lifted and early learning needs of Native American families. the voices of state government officials leading the Researching and understanding the extent to which way in working with Tribal Governments to improve current funding levels support American Indian and child care and early learning services for all Native Alaska Native families was like peeling an onion, American children, no matter where they live. As the layer by layer. We discovered additional elements to readers will see, many states are actively working to help better understand the child care needs of AI/AN address the needs of Native Americans, but so much families. We took a closer look at families living on more needs to be done. Success will depend on two and off Tribal lands and how families living in cities things: trust and communication. As Kirsten Baesler, and towns are served by state programs. This, in turn, North Dakota Superintendent of Public Instruction, required an understanding of Tribal sovereignty and said in one of our webinars, "Consultation must government to government relations. be meaningful, it must be authentic… government to government, speaking for the needs of each Most native families do not live on Tribal lands. government, and driving towards common goals that According to the 2020 Census, around 10 million benefit all of us." people (about half the population of New York) identify as American Indian/Alaska Native, either Linda K. Smith solely or in combination with other races, and about Director, Early Childhood Initiative 80% of them live in a metropolitan area. These facts are cause for concern. How these families get child care support is, for the most part, unknown. They are, in fact, invisible in many of our cities and towns. Although many Tribal Governments would like to support their members, they lack both the jurisdiction and funding to do so. As a result, many children are left without access to quality care that acknowledges their culture, languages, and customs, and their parents are left without access to child care that supports their employment. This report serves as a blueprint to guide state government officials through the complexities of working with Tribes as sovereign governments. It is a call to action to policymakers at all levels to listen, learn, and work towards a future where every child, especially our youngest and first citizens, can thrive. 4 Executive Summary BY THE NUMBERS There are 574 federally recognized Indian tribes in the United States, located across 36 states. Alaska is home to the most tribes, with During the first webinar of BPC's four-part webinar a total of 229. According to 2020 Census data, series that addressed tribal sovereignty, tribal-state 3.7 million people identify solely as American relations, and child care, Sen. Byron Dorgan (D-ND), Indian/Alaska Native (AI/AN), while an additional 5.9 million identify as AI/AN in combination former chair of the Senate Committee on Indian with one or more other races. There are 326 Affairs, said, "Every American should understand that AI/AN land areas administered as federal children deserve our assistance, our investment, but Indian reservations. Among AI/AN alone or in in many circumstances, Native American children combination with one or more other races, 87% fall far behind." live outside a tribal reservation and 80% live in a metropolitan area. Sen. Dorgan's statement aligns with those we heard from tribal leaders, federal and state government officials, and leaders of nongovernmental organizations, as well as data that highlight disparities between American Indian and Alaska Native (AI/AN) children and the overall U.S. child population on health, child welfare, and education A I /A N E A R LY C A R E A N D outcomes. E D U C AT I O N I S A B I PA R T I S A N ISSUE The interviews and data that inform this report (see Methodology) coalesce around three core issues Here is what Montana's U.S. senators have to say about the importance of child care; both that affect AI/AN young children and their families, serve on the U.S. Senate Committee for Indian particularly regarding child care. First, relations Affairs. between state and tribal governments play a key role in AI/AN families' access to high-quality early "Having access to child care is critical not only care and education. States and tribal governments for families and children but for the whole community," said Republican Sen. Steve Daines. receive funding through the federal Child Care "Thank you for shedding light on the importance and Development Fund (CCDF) to help low-income of accessible child care to help give Native families pay for child care and invest to improve child children the resources they need to have a care quality. Effective state and tribal government brighter future." coordination and collaboration can leverage those And Democratic Sen. Jon Tester added, "Any resources to improve AI/AN family access to child parent in the room will tell you that the cost of care on and off reservations as well as support child care is too darn high. That's true across initiatives to boost the quality of AI/AN child the board, but it's especially true for Native care programs. parents who are disproportionately impacted by the lack of affordable child care in rural Second, most AI/AN families live off reservations communities." (see By the Numbers), and among those families, most live in a metropolitan area. Like AI/AN families who live on reservations, AI/AN families living in large cities face disparities in education, income, and use 5 of social services compared with the general population. But whereas tribes can tailor services for members and their descendants who live on reservations, federal policies limit the ability of tribes to provide child care support to members who live off reservations in metropolitan areas and outside of service areas. Third, federal funding for tribal members and AI/AN populations has always fallen short of their needs, including access to early care and education. According to a recent BPC national survey of AI/AN parents, 54% of respondents reported difficulties finding child care within their budget. In the case of federal child care funding, states receive funding based on the population of young children in low-income families. A percentage is set aside for tribes. However, the methods used to determine the tribal set-asides are inadequate in part due to a lack of data to accurately assess AI/AN population needs. Based on multiple interviews, webinar discussions, and data, the authors make the following recommendations for tribes, states, and the federal government to improve child care and other services that impact AI/AN communities. The recommendations respond to the three core issues introduced above. 1. Strengthen communication and collaboration between state governments and tribes. Tribal sovereignty is the cornerstone for state and federal government relations with tribal governments. As sovereign nations, AI/AN people have the right to govern themselves. The federal government, not state governments, has authority regarding tribal affairs, subject to constitutional limitations. Nevertheless, because state governments also interact with tribal nations, government-to-government also describes how they should view their relationships with AI/AN tribes. a Several states have processes in place within governors' offices and state agencies to guide state-tribal consultation, but more can be done to support leaders in these offices or offer ways to connect or convene across counterparts at the state or tribal levels. Section 1 highlights several state policies and practices that effectively facilitate state-tribal consultation. a Throughout the report, "tribe" and "tribal" refer to the definition of a federally recognized tribe: an American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation. Furthermore, federally recognized tribes are recognized as possessing certain inherent rights of self- government (i.e., tribal sovereignty) and are entitled to receive certain federal benefits, services, and protections because of their special relationship with the United States. See What is a federally recognized tribe? (U.S. Department of the Interior, Bureau of Indian Affairs). Some federally recognized tribes refer to themselves as nations, pueblos, villages, or rancheria. 6 Recommendation: As with the Every Student Succeeds Act (ESSA) which requires states to enter into consultation with tribes on state ESSA plans, Congress should require states to consult with tribes on state CCDF plan developmentb. In addition, tribes should be encouraged to attend and participate in their state's CCDF public hearing process and share tribal CCDF plans and relevant needs with states. Office of Child Care regional offices, which connect with both states and tribes about their respective CCDF plans, can facilitate information sharing between states and tribes. 2. Open new approaches for tribes to serve members living off- reservation in urban areas. Many tribes orient to connecting with and serving their members wherever they may live. However, federal legislation, administrative rules, and lack of funding are often barriers that keep tribes from serving members who live off-reservation, the vast majority of whom live in urban areas. Tribal agencies develop and administer a variety of services for their members on tribal lands, such as housing, employment, social services, and child care–related services. While federal or state government programs fund many of these services, tribes exercise their sovereign rights by ensuring services are rooted in their cultural heritage and values. In addition, AI/AN people often prefer tribal-led services compared with those from federal or state government, including AI/AN families living off-reservation in urban areas. For all of these reasons, there are several benefits in providing tribes flexibility and fostering ways tribes can work with each other or within an urban organization to serve their members living off-reservation in urban areas. Recommendations: 1. Congress should amend federal legislation or policies to give tribes flexibility to serve the child care needs of their members and descendants who live off-reservation in urban areas. 2. Congress should authorize Urban Indian Organizations (UIO) to receive federal funding to provide CCDF-related early childhood services to tribal members and descendants living in urban areas. 3. Government, nongovernmental organizations, and private philanthropy should create mechanisms for tribes to collaborate providing services in urban areas. 4. State should allow tribal child care licensing in urban areas. 5. Congress should authorize pilot projects with tribes or within a state to serve their families with young children in urban areas. b CCDF is a term given by HHS to describe the combination of both mandatory and discretionary funds in the Child Care and Development Block Grant (CCDBG). 7 3. Reform federal funding to address tribal and AI/AN needs using data-driven methods. While Congress and the federal government recently allocated a relatively large proportion of pandemic-related relief funds to tribes, ongoing funding for AI/AN communities continues to lag their needs. As noted above, the lack of quality data on AI/AN populations limits the ability to accurately assess AI/AN population needs, including access to high-quality early care and education services. There are several headwinds to producing quality data at the tribal and AI/AN population levels. AI/AN sample sizes in surveys and data sets are often too small to break out and describe conditions for tribes and AI/AN populations. In addition, there are inherent challenges in counting people widely dispersed in rural areas, such as reservations, which can lead to undercounts. Finally, many tribal communities lack resources to develop their own data collection and management systems, which contributes to a cycle of underinvestment since accurate population counts and assessment of need are necessary to justify federal funding. Recommendations: 1. The Commerce Department should prioritize ongoing improvements to the decennial census and American Community Survey data collection processes, such as outreach to connect and build trust with AI/AN communities, and consider potential costs to tribes as census balances producing quality data and maintaining privacy when producing tables with small geographic units. 2. Federal agencies and state governments use data from other sources to complement census data and coordinate data access across agencies. 3. Congress and the federal government should support tribes to develop data collection and management systems. 4. Federal agencies should aggregate and disseminate tribal-level and AI/AN data. 5. All federal funding allocations should shift from a percentage set- aside to funding AI/AN needs based on data-driven methods. Addressing historical trauma A key message BPC staff heard throughout the four webinars and interviews is the importance of understanding the historical experience of Native Americans in the United States. This is also a message Barb Fabre, CEO of Indigenous Visioning and president of All Nations Rise, often hears from tribal leaders. An elder and White Earth historian on the White Earth reservation, located in northern Minnesota, once told her, "If non-Native people don't understand our history, how can they help us?" 8 Patina Park, executive director, Tribal State Relations Office of Minnesota Governor Tim Walz and Lieutenant Governor Peggy Flanagan, presented on AI/AN history during the second webinar, which is summarized below. Since first contact with Europeans, AI/AN people have experienced genocide, forced removals and loss of ancestral lands, and intense assimilation efforts by severing ties to culture and tribal identity. One of the most painful ways this was accomplished was through the forced removal of AI/AN children to Indian boarding schools. These cumulative and multigenerational experiences of emotional and psychological violence in AI/AN communities are commonly referred to as historical trauma, with effects currently visible in high levels of health challenges, substance use, and mental health disorders. Before working with AI/AN communities, it is critical to understand the history and its impact, but even more important to focus on AI/AN communities' resiliency and strengths. In addition, following the Revolutionary War the United States signed almost 400 treaties with tribal nations. Treaties are signed agreements between the federal government and tribes. They recognize tribes as sovereign nations with the right to self-determination and self-rule, and protect tribal nations' inherent rights to cultural, economic, and subsistence means of life. Unfortunately, tribes have experienced a long history of broken treaties and broken promises-another layer to the historical trauma experienced by AI/AN communities and why trust is often difficult to build. Each of the three recommendations builds on tribal sovereignty and AI/AN cultural heritage and resilience as well as addresses AI/AN history and multigenerational trauma. The report sections highlight key principles and facts related to each recommendation followed by promising practices and policies. 9 Section 1 The Promising Policies and Practices Blueprint Strengthen communication is the culmination of over two years of research and collaboration between on early care and learning for AI/AN families. state governments and This work includes a national survey of AI/AN parents; interviews with 40 stakeholders; an tribes.c analysis of 184 tribal child care plans; and review of relevant data from U.S. Census Bureau, Department of Labor, Department of Education, HHS, Bureau of Indian Affairs, San Diego State TRIBAL SOVEREIGNT Y University, Data Resource Center for Child and A N D G O V E R N M E N T-T O - Adolescent Health, First Nations Development Institute, the Center for Law and Social Policy, G O V E R N M E N T R E L AT I O N S and National Home Visiting Research Center. Below is a timeline of the BPC's previous work Tribal sovereignty is the cornerstone for state that informed the content and recommendations and federal government relations with tribal included in this report. governments. As sovereign nations, AI/AN people have the right to govern themselves. As Melanie March 18, 2021 Benjamin, chief executive, Mille Lacs Band of Ojibwe, stated, "Across all 574 of the native nations in the Tribal Home Visiting United States, we are governments." Tribal Home Visiting (THV), one part of the federal Maternal Infant and Early Childhood Home Visiting program (MIECHV), provides home visiting services for AI/AN parents. This "AC R O S S A L L 5 74 O F T H E N AT I V E report recommends a GAO study on the cost of N AT I O N S I N T H E U N I T E D S TAT E S , full implementation of home visiting for tribal W E A R E G OV E R N M E N T S ." nations to inform reauthorization. M E L AN I E B E NJAM I N , C H I EF E XECUTIVE , M I L L E L AC S B A N D O F O J I B W E March 30, 2021 Tribal Early Care and Education Programs Anton Treuer, author and professor at Bemidji Data shows that AI/AN children may face barriers State University, notes that tribes are mentioned in in meeting their full potential. In a scan of federal early care and education programs, this report specific places in the U.S. Constitution. "Because shows how gaps in eligibility for tribes to apply for tribes have distinct governments, there is a nation- federal programs and arbitrary funding formulas to-nation relationship between tribes and the federal limit their ability to serve this population. government." c Some tribal governments also interact and work with local governments, such as unincorporated towns on or near reservations and nearby small incorporated towns, cities, and school boards. This section focuses on communication and collaboration primarily between tribal nations and state governments, but general principles would likely apply to interactions between tribal governments and other local governments. 10 The federal government, not state governments, has authority regarding tribal affairs, subject to April 14, 2021 constitutional limitations. Nevertheless, because state governments also interact with tribal nations, Data and Funding Gaps in Tribal Early Care government-to-government also describes how and Education they should view their relationships with AI/AN Programs aimed at supporting the early tribes. "Tribal nations should not be considered just development of AI/AN children with a history of stakeholders; that is not who they are. proven success require increased federal funding to maximize their impact and expand the scope of those they serve. This report explains that " T H E S TAT E N E E D S T O E N G AG E the full impact of federal tribal programs cannot be measured without more comprehensive data W I T H T R I B E S A S G OV E R N M E N T S " collection. P E G GY F L A N AG A N , M I N N E S O TA L I E U T E N A N T G OV E R N O R April 25, 2022 Righting a Wrong: Advancing Equity in Child A key component of government-to-government Care Funding for American Indian & Alaska Native Families relations is regular communication and meaningful consultation on state or federal policies that affect In an analysis of 184 FY2019-FY2022 Tribal tribes as well as key issues facing tribes. Several Plans, BPC found that federal programs for AI/ interviewees stated that state-tribe and federal-tribe AN families are systematically underfunded. This report provides recommendations to HHS consultation needs to be intentional, not just a meet- and other federal agencies to use information and-greet but rather an opportunity to work out issues. in Tribal Plans to incorporate the voices, experiences, and preferences of AI/AN people into these federal programs. " C O N S U LTAT I O N M U S T B E ME ANINGFUL , IT MUST BE September 29, 2022 AU T H E N T I C … C A N ' T J U S T B E The Impact of Federal Early Care and A R E P O R T O U T B U T R AT H E R Education Programs on Tribes G OV E R N M E N T-T O - G OV E R N M E N T, Federal programs often exclude or SPE AK ING FOR THE NEEDS OF systematically underfund tribal nations. Tribes E AC H G OV E R N M E N T D R I V I N G are not eligible to apply for several federal T OWA R D C O M M O N G OA L S programs, including Child Abuse Prevention and Treatment Act (CAPTA), Preschool Development T H AT B E N E F I T S A L L O F U S ," Grant (PDG), Child and Adult Care Food Program KIRSTEN BAESLER, NORTH (CACFP), Child Care Access Means Parents DA KO TA S TAT E S U P E R I N T E N D E N T in Schools (CCAMPIS), and Individuals with OF PUBLIC INSTRUCTION Disabilities Education Act (IDEA) Part B. When tribes are allowed to apply, funding is often based on an arbitrary flat rate rather than And just like each state is different, each tribe has a demonstrated need. This includes the CCDF, unique history and governance structure. MIECHV, IDEA Part C, and Comprehensive Literacy Development Grants. 11 Tribal, federal, and state governments have obligations to serve tribal members. November 8, 2022 Blind Spots in Tribal 477 Plans "I CONSIDER MYSELF TO BE A Consolidating the CCDF and other federal D UA L C I T I Z E N : I A M A C I T I Z E N formula programs into 477 Plans has helped O F T H E U N I T E D S TAT E S , B U T parents living on tribal lands receive the child I AM ALSO A CITIZEN OF THE care assistance they need, but the merger has W H I T E E A R T H N AT I O N ," created significant blind spots. The report recommends the creation of an accountability P E G GY F L A N AG A N , M I N N E S O TA system that both honors the values that animate L I E U T E N A N T G OV E R N O R Public Law 102-477 and ensures that CCDF funds support early childhood development. Coordinating or collaborating across tribal and state February 24, 2022 governments helps each government best meet the needs of both tribal members and non-Native Survey of American Indian/Alaska Native citizens. Flanagan noted that partnering with the 11 Parents federally recognized tribes in Minnesota during the BPC and Morning Consult conducted a national COVID-19 pandemic was important for both the state survey of AI/AN parents with children under and the tribes. "There were things that our Native 12 to understand their use of and demand for nations were doing within their enterprises and child care. This blog highlights trends in AI/AN communities that we adopted, and vice versa." parents' preferences found in the survey. For more information, see the survey analysis. S TAT E G O V E R N M E N T For more information, see BPC's C O M M U N I C AT I O N A N D Tribal Early Childhood Resource Hub. C O N S U LT A T I O N W I T H TRIBAL GOVERNMENTS The foundation for communication and consultation communication. This process is typically facilitated between state and tribal governments is a through the state's tribal relations or Indian affairs government-to-government structure with the office. Tribes often have a government affairs official purpose of building long-term relationships that to contact, and if not, states can reach out to the prevail despite changes in state or tribal leadership. executive director. Tribal governments can also Establishing a process that doesn't go away after a take the lead and initiate communication with state tribal or state election is crucial since state governors governors. States and tribes then establish methods change as frequently as every four years; many tribes for regular communication and co-create meeting hold elections even more frequently. agendas. The goal is to build reciprocal relationships, the practice of exchanging to achieve mutual The starting point is for state governors to benefits.d reach out to tribal leaders as equals and ask for permission to reestablish consultation and ongoing d National Congress of American Indians has this resource on State/Tribal Relations and the National Conference of State Legislatures has this resource on State-Tribal Collaboration. 12 T R I B A L C O N S U LTAT I O N A tribal consultation is a formal, two-way, government-to-government dialogue between official representatives of tribes and federal agencies to discuss federal proposals before the federal agency makes decisions. While the focus is on federal-tribal government consultation, the descriptions below can inform state-tribal government consultation. What Triggers a Tribal Consultation? Any agency action with substantial direct effects on: • One or more Indian tribes, • The relationship between the federal government and tribes, or • The distribution of power and responsibilities between the federal government and tribes. The defining features of tribal consultations are: • Notice to tribes provided at least 30 days in advance of the first scheduled consultation session and containing sufficient detail of the topic to be discussed to allow tribal leaders an opportunity to fully engage in the consultation • Federal decision-maker participation • Discussion between tribes and federal decision-makers • Record of proceedings (transcript or meeting notes) • Federal response to tribes regarding how tribal input was incorporated into the final federal decision. Note: Sometimes outreach to tribes is first appropriate to determine whether an action actually has any substantial direct effects. Source: What is Tribal Consultation? Indian Affairs, U.S. Department of the Interior In addition to communication between tribal and " I WO U L D S AY T O A N Y S TAT E state leaders, sharing information between directors O F F I C I A L I S W H AT YO U D O I S G E T of tribal and state programs, including those that serve families with young children, also leads to INTO THE CAR AND MEET WITH mutual benefits. Within early childhood, related TRIBAL LE ADERS AND ASK THEM, agencies include state and tribal leaders who oversee ' W H AT C A N W E D O T O G E T H E R ? ' " the Child Care and Development Fund (CCDF), Head S E N . B Y R O N D O R G A N ( D - N D ), F O R M E R Start, early intervention (Part C of the Individuals C H A I R O F T H E U . S . S E N AT E C O M M I T T E E O N with Disabilities Education Act), public health (for I N D I A N A F FA I R S , N O T E D T H AT T H E R E A R E M A N Y N E W YO U N G A I /A N L E A D E R S A N D example, Special Supplemental Nutrition Program S K I L L E D A N D C A PA B L E T R I B A L C H A I R S for Women, Infants, and Children), and home visiting programs (Maternal, Infant, and Early Childhood Home Visiting Program). 13 Just like tribes need to understand state guidelines and regulations, state leadership and staff should "A S A S TAT E- E L E C T E D O F F I C I A L , understand the government and cultural context I D O N ' T WA N T T O A S S U M E O R for each tribe, as not all tribes govern the same way. P R E T E N D T O K N OW E V E R Y T H I N G "Each of New Mexico's 23 pueblos, tribes, and nations B U T R AT H E R O P E N M Y S E L F is unique," UP AND ASK QUESTIONS FROM A DEEP DESIRE TO " I ' V E L E A R N E D T H E I M P O R TA N C E L E A R N A N D U N D E R S TA N D." O F TA K I N G T H E T I M E T O KIRSTEN BAESLER ALSO STRESSED T H E I M P O R TA N C E O F H U M I L I T Y L E A R N A N D U N D E R S TA N D T H E A N D AU T H E N T I C I T Y W H E N M E E T I N G T R A D I T I O N S , L A N G UAG E S , WITH TRIBAL LE ADERS A N D G OV E R N A N C E O F E AC H S OV E R E I G N N AT I O N , E S P E C I A L LY A R O U N D E A R LY C H I L D H O O D." E L I Z A B E T H G R O G I N S K Y, C A B I N E T S E C R E TA R Y, N E W M E X I C O E A R LY C H I L D H O O D E D U C AT I O N A N D C A R E D E PA R T M E N T BUILDING TRUST North Dakota's state superintendent of public instruction, Kirsten Baesler, said that Anton Treuer's book, Everything You Wanted to Know About Indians But Were Afraid to Ask, resonates with her. "In my first six months of office, I was invited to speak with the tribal and school leaders on Standing Rock Reservation," Baesler said. She grew up 30 minutes from Standing Rock and was friends with students attending high schools in and around the reservation. "We ran track together, we played basketball together, we would meet up town in Bismarck together," she added. Nevertheless, during the car ride to her first consultation at Standing Rock, Baesler was nervous and asked several questions of Scott Davis, executive director of the North Dakota Indian Affairs Commission and member of the Standing Rock Sioux Tribe. "'Is it Native American or is it Indian?' may have been one of my first questions," Baesler said. "I just didn't want to misstep knowing how important trust and respect are in government-to- government conversations. Scott actually pulled to the side of the road, stopped the car, looked at me and said, 'Just ask. If there is anything you need to know or want to know, just ask.' That was the best piece of advice I could have heard within my first year." Baesler said this set that stage for what she considers a better relationship each and every month she worked together with tribes in North Dakota. "The advice I would give to anybody on either side is to be honest, humble, and vulnerable," Baesler said. "These qualities build trust, and I believe progress travels through the speed of trust." 14 AG E N CY- L E V E L C O M M U N I C AT I O N A N D C O N S U LT A T I O N Several states have designated tribal liaisons within agencies. Tribal liaisons generally have responsibility to understand tribal governance and culture, determine when communication should go between the governor's office and tribal leaders or between state agency and tribal agency leaders, and assess how state programs impact tribal communities. For example, in Alaska, Administrative Order No. 300 includes a provision that each principal department designates a tribal liaison to aid in producing a plan for engagement in consultation and collaboration with Alaska tribes and tribal organizations. Also see examples of state-agency tribal liaisons in New Mexico, Washington, and Wisconsin. Some states' resources provide broader guidance to managers and employees on state-tribal relations, such as Montana's Tribal Relations Handbook: A Guide for State Employees on Preserving the State-Tribal Relationship. The handbook provides background on each of the eight tribal governments located in Montana, guidance on communicating and meeting with tribal leaders, and resources for state employees, such as an annual training hosted by the Governor's Office of Indian Affairs. In Michigan, Executive Directive 2019-17, issued on Oct. 31, 2019, reaffirms the state's government-to- government accord with the 12 federally recognized Based on our review of resources for state-tribal tribes located in Michigan. Directed to state relations or Indian affairs offices, tribal liaisons at the department directors and autonomous agency heads, state agency level, and tribal government relations and the executive directive provides guidance on activities agency leaders, more can be done to support leaders in that may be appropriate for consultation with a tribal these offices or offer ways to connect or convene across government as well as guidance on communicating counterparts at the state or tribal level. with and receiving input from tribal governments. Other examples of state executive activities are found in this compilation of state executive branch Indian affairs commissions or contacts by the National Conference of State Legislatures (NCSL). 15 E A R LY C H I L D H O O D T R I B A L C O N S U LTAT I O N New Mexico is the homeland for 23 tribes, pueblos, and nations, each having a government- to-government relationship with the state. Specific to early childhood, tribal leaders in New Mexico recently requested an assistant secretary within the early childhood and care department to strengthen government-to-government relationships. The role of Assistant Secretary for Native American Early Education and Care was written into law. Gov. Michelle Lujan Grisham appointed Jovanna Archuleta from the Pueblo of Nambé as the first to hold the position, and she served from 2020 to 2022. e In this role, Archuleta advised department leadership on communication and engagement with tribal leaders and facilitated consultation meetings between department leadership and tribal leaders on early childhood topics. Tribal consultation is a key emphasis in New Mexico's Indian Education Act, and the State-Tribal Collaboration Act further supports government- government relations and effective communication and collaboration.f Archuleta said that the department starts with asking permission of tribal leaders for consultation, noting that as tribal leadership changes, the department establishes new relationships with each new leader. "We then enter with a proposed agenda and craft the agenda in consultation with the tribe to include topics the state and tribe decide to discuss," Archuleta said. In December 2022, Cotillion Sneddy was appointed to succeed Archuleta. Assistant Secretary Sneddy emphasized the importance of on-site meetings to build personal relationships, discuss issues, and answer questions. "It's important for building rapport with tribal communities to provide clear and concise information and invite texts or calls after the meeting," Sneddy said. "Our department is open to provide support and collaboration as tribal communities request it." In regards to collecting feedback on the state's 2022-24 CCDF plan, Archuleta convened a forum with tribal leaders and offered a comment period for tribal leadership. The department also engaged with tribal leaders through biweekly meetings with representation from tribal communities and attended meetings of the 15 tribal communities represented in New Mexico's tribal CCDF workgroup. g Tribal partners commented on a wide range of topics, including state and tribal agency reciprocity and the background check process, addressing child care quality and training, reviewing data to inform decisions, and increasing understanding of Native families and the importance of cultural education equity. Sneddy noted that New Mexico's success with tribes on early childhood issues did not happen overnight. "The tribal communities in New Mexico have strong leadership, and now everyone who needs to be at the table is at the table," she said. Within the department there are 11 tribal liaisons working collaboratively with tribal communities across the state. e Archuleta is currently the director of early childhood community outreach at the LANL Foundation. f See page 6 of Tribal Consultation Guide 2022, Indian Education Division, New Mexico Public Education Department. g Recently the tribal CCDF workgroup hosted a statewide conference with over 100 attendees. 16 MOVING FROM C O M M U N I C AT I O N A N D C O N S U LT A T I O N T O T R I B A L C O N S U LTAT I O N T I P S C O L L A B O R AT I O N F O R S TAT E S • Research how each tribe governs and Constructive and mutual relationship-building can operates. set state government and tribes up for success. For • Contact tribal leadership and ask for example, Minnesota established Minnesota Tribal permission first. Resources for Early Childhood Care (MNTRECC) to coordinate early care and education programing (CCDF • Work with the tribe to set the meeting and Head Start) and workforce training across the agenda. state's 11 federally recognized tribes. State government • Reserve ample time for state and tribal staff attend quarterly MNTRECC meetings, help representatives to speak openly about coordinate state resources available to tribes, and work issues, identify opportunities to make with tribal agency leaders to develop new resources. improvements, and work together on shared objectives. Another example is Oregon's plan to create a Tribal • Record proceedings, maintain meeting Early Learning Hub, which is underway after the records, and share with tribes. state established early learning hubs in 16 geographic • After meeting, follow up with tribe to regions in 2013. The hubs coordinate early childhood– consult about progress on next steps and related services in health care, education, and social preferences for ongoing communication. services, as well as with school districts and the private sector. The Tribal Early Learning Hub will coordinate these sectors with respect to the shared history, culture, and values of the state's nine sovereign tribal nations. collaborative agreements with individual tribes are helpful in coordinating working relationships between "The state's Early Learning Council created a tribal tribes and the state office of child care." A tribal advisory committee with representatives from the association member also represents tribes during nine tribes in the state to lead this work moving public comment periods on CCDF state plans. forward and what our tribal consultation looks like," said Crys O'Grady, legal affairs manager, CONNECTIONS BETWEEN Oregon Early Learning Division tribal member and S TAT E L E G I S L AT U R E S A N D former CCDF administrator. The state also holds TRIBAL GOVE R N M E NTS monthly engagement meetings with tribal CCDF administrators to review each other's CCDF plans and discuss how they can better serve and work together. NCSL reports that state forums on Indian affairs and state-tribal relations are traditionally administered Representatives from the 39 tribes in Oklahoma by the executive branch, but state legislatures meet quarterly on early childhood issues along with are recognizing the benefits of having dedicated representatives from state agencies. The state typically committees on these topics. This NCSL compilation hosts the first meeting of the year, and tribes take of state legislative committees indicates that 19 turns hosting the other meetings. Meeting agendas are legislatures have a committee or interim committee set by the tribes. Brittany Lee, CCDF administrator for on Indian affairs or state-tribal relations. States may Oklahoma, said, "The tribal association meetings and also have caucuses focused on AI/AN issues that 17 As with the Every Student Succeeds Act (ESSA), which requires states to consult with tribes on state ESSA State legislatures with a committee or plans, Congress and the federal government should interim committee on Indian affairs or state- require states to enter into consultation with tribes tribal relations: Arizona, California, Hawaii, on CCDF plan development. Such a requirement was Idaho, Kansas, Maine, Montana, Nebraska, included in the proposed Child Care and Development New Mexico, North Carolina, North Dakota, Block Grant Reauthorization Act of 2022.h In addition, Oklahoma, Oregon, South Dakota, Texas, Utah, tribes should be encouraged to attend and participate Washington, Wisconsin, and Wyoming. in their state's CCDF public hearing process and share tribal CCDF plans and relevant needs with states. Source: National Conference of State Legislatures Office of Child Care regional offices, which connect with both states and tribes about their respective CCDF plans, can facilitate information-sharing between states and tribes. are comprised of AI/AN legislators. For example, Minnesota AI/AN legislators are represented in the Finally, improving relations with tribal governments Minnesota People of Color and Indigenous Caucus. is part of a broader effort to build understanding and relationships between Native and non-Native people throughout the country. "As a nation, we need to KEEPING TRIBAL grow and we need to heal," said author Anton Treuer. R E L AT I O N S V I TA L "Some measure of discomfort will be a requirement AND RESPONSIVE in order to make that happen." Developing strong communication, consultation, and collaboration While Indian affairs policies and guidelines may policies and practices between state governments and be established for state governor's offices, agencies, tribal governments is part of growth and healing as and legislatures, keeping those policies and well as building reciprocal relationships with mutual guidelines active and up to date is the role for current benefits. "Having that excellent working relationship administrations and legislatures. Several webinar with your state government really benefits all interviewees noted that despite established policies citizens," said Melanie Benjamin. and guidelines, the state's level of tribal engagement can fluctuate depending on who is elected. Furthermore, there is continued work in identifying policies and practices that fall short in supporting tribal sovereignty. "Governmental agreements do not have to be structured in a way that's always been done. There is opportunity to support sovereignty by listening to the vision of the community and tribal leaders," said Jovanna Archuleta, former New Mexico assistant secretary for Native American Early Education and Care. h Under "SEC. 5. LEAD AGENCY" the bill language includes: "(2) DEVELOPMENT OF PLAN.-The lead agency shall develop the State plan described in paragraph (1)(B) in meaningful consultation with- "(A) parents of children eligible for services under this subchapter, which shall include parents of children in a priority population described in section 658E(c)(2)(M); "(B) eligible child care providers that represent the various geographic areas and types of providers in the State; "(C) employers of various sizes and with various hours and days of operations whose employees rely on reliable and accessible child care to work; and "(D) appropriate representatives of units of general purpose local government and, as appropriate, of Indian Tribes and Tribal organizations." 18 Section 2 However, federal legislation, administrative rules, and lack of funding are often barriers that keep tribes Open new approaches for from serving members who live off-reservation, the vast majority of whom live in urban areas. In this tribes to serve members section we describe the off-reservation urban AI/AN living off-reservation in urban population and discuss how changing policies could areas. support tribes to better serve their members who live off-reservation in urban areas, particularly services for young children and their families. Serving American Indian and Alaska Native (AI/AN) M A J O R I T Y O F A I /A N people in urban areas is an issue where federal and PEOPLE LIVE IN CITIES state governments can improve relations with tribes. Many tribes seek to connect with and serve their According to 2020 Census data, 3.7 million people members wherever they may live. That is, for several identify solely as AI/AN, while another 5.9 million types of services tribes don't regard reservation identify as AI/AN in combination with one or more geographic boundaries in the same way that state, other races. Across both groups, the vast majority of county, and other local governments regard their own AI/AN individuals and families live outside tribal geographic boundaries. "We want to make sure our reservations and in metropolitan areas. tribal members are receiving all the services they are eligible for regardless of whether they live on the Among AI/AN alone or in combination with one or reservation." said Benjamin. more other races, 87% live outside a tribal reservation and 80% live in a metropolitan area.i The largest number of AI/AN people live in the largest " OU R TR I B E S' CO N STITUTIO N U.S. metropolitan areas, led by Los Angeles, New York, R EQU I R E S US , TO TH E B E ST O F Dallas, and Chicago (see Table 1). Meanwhile, cities OU R AB I LIT Y, TO PROVI D E EQUAL with the largest share of AI/AN people are near tribal ACC E S S TO E VERY M EM B ER FO R reservations, such as those in Oklahoma, Alaska, OU R R E SOU RC E S AN D GOVER N M ENT Arizona, New Mexico, South Dakota, Montana, S ERVI C E S . WE ALWAYS LOO K and California (see Table 2). Among cities with a total population of nearly 1 million or more, Tulsa, FO RWAR D TO AN Y WAY WE CAN TO Oklahoma City, and Albuquerque stand out as having PROVI D E AS S I STAN C E TO TH EM a relatively large number and share of AI/AN people. WH EN TH E Y LIVE FAR AWAY, AN Y O F TH E B EN EFIT S WE PROVI D E Disparities in education, income, and use of social services between AI/AN populations and the general H ER E O N TH E R E S ERVATIO N ." population in large urban areas are similar in TOM MCDONALD, CHAIRMAN OF proportion to disparities between AI/AN populations T H E C O N F E D E R AT E D S A L I S H A N D KO O T E N A I T R I B E S , L O C AT E D and the general population throughout the United I N N O R T H W E S T M O N TA N A States (see Table 3). While 40% of the population over age 25 in large urban areas has a bachelor's degree or higher, only 27% of the AI/AN population does. i In the U.S., 75% of AI/AN alone live off-reservation and 72% live in a metropolitan area; 87% of the U.S. population lives in a metropolitan area (has at least one urban area of 50,000 or more inhabitants). 2020 Census Data, P.L. 94-171 Redistricting Data Summary File from IPUMS NHGIS, University of Minnesota, www.nhgis.org. Author's calculations. 19 Meanwhile, median family income in large urban care assistance or support for child care providers. areas is $99,000 compared with $79,000 for AI/AN "I received numerous calls from members living families. AI/AN populations in large urban areas also in urban areas seeking tribal support with early have higher rates of disability and more use of SNAP childhood issues, whether parents seeking a tribal benefits, and are less likely to have health insurance early childhood preschool or locating an AI/AN than the total population.j AI/AN people are also provider or an AI/AN early childhood teacher looking overrepresented in urban homeless populations. for support to become a provider," Fabre said. Tribes are in an advantageous position to serve TRIBAL SERVICES members who live off-reservation because members R O O T E D I N C U LT U R A L trust that their tribe and tribal services are rooted H E R I TA G E A N D VA L U E S in cultural values and practices. Several tribes offer services to members who live off-reservation, Tribal agencies develop and administer a variety particularly regarding enrollment. However, the reach of services for their members on tribal lands, such of tribally provided services is limited by funding as housing, employment, social services, and early availability and, in a number of cases, by federal childhood–related services. While federal or state policy and administrative rules. government programs fund many of these services, In 2007, Citizen Potawatomi Nation amended its tribes exercise their sovereign rights by ensuring constitution to include district offices throughout the services are rooted in their cultural heritage United States close to where there was a population and values. "Empowering children with cultural of over 2,000 citizens, according to Linda Capps, vice knowledge is needed at the earliest age possible and chairman of CPN. "We elect eight of our 13 legislators supporting that to the greatest extent we can. It's from outside Oklahoma and they are assigned to language, it's a sense of place, that pride that people those districts," Capps said. need to know, and they need to be proud that they're Native American," said McDonald. FEDERAL POLICIES LIMIT Tribal cultural values themselves are a protective TRIBES' ABILITY TO factor for AI/AN families and promote resiliency, S E R V E O F F - R E S E R VAT I O N especially since many of the current challenges AI/ MEMBERS AN people face derive from historical trauma. AI/AN people often prefer tribal-led services compared with those from federal or state government. According to a Laws and federal policy limits the ability of tribes recent BPC survey, a majority of AI/AN parents prefer to serve enrolled members who live outside the child care services from a tribe rather than from the reservation to families who live on or near the state, even when living off tribal lands. reservation. The Office of Child Care (OCC) notes that a tribal CCDF "service area" must be on or near the Barb Fabre, CEO of Indigenous Visioning and reservation except tribes in Alaska, California, and President of All Nations Rise, noted that when Oklahoma.k she worked as the CCDF administrator for White Earth Nation, she often received calls from tribal Some tribes would like to extend the early childhood members and descendants living in the Minneapolis- services and child care licensing programs they offer St. Paul area asking about the availability of child on reservations to members who live off-reservation j Similar to the total population, AI/AN median family income is higher in large urban areas compared with the total AI/AN population. k Tribes that do not have reservations must establish service areas within reasonably close geographic proximity to the area where the tribe's population resides. 20 but face service area restrictions. From a historical REVISE FEDERAL and cultural perspective, the service area definition POLICIES TO GIVE is tied to political boundaries the federal government TRIBES FLEXIBILITY imposed on AI/AN people who lived for millennia without arbitrary boundaries. In these states, With appropriate changes to the CCDBG Act, the OCC reservations are often far from urban areas and are could expand CCDF service areas to include urban not considered on or near reservations. areas where tribal members live. Tribes recognize the value of providing services to members who live off-reservation in urban areas. " I N C O N S U LTAT I O N A N D For example, the Mille Lacs Band of Ojibwe Indians C O N V E R S AT I O N W I T H T R I B E S , has an office in Minneapolis to serve members W E ' V E R E A L LY H E A R D T H AT living there. Like similar offices on the reservation, THERE IS A NEED TO SERVE the urban office assists members with "education, U R B A N P O P U L AT I O N S B E C AU S E training, work experiences, cultural participation, TRIBES ARE RESTRICTED WITH and support services to be prosperous and change CCDF FUNDS AS WELL AS SOME their life." OTHER FEDER AL FUNDING TO As with these services, expanding the reach of tribal T H E I R T R I B A L S E R V I C E A R E A S ." CCDF to urban areas could allow tribes to support members in accessing child care assistance, license C R Y S O ' G R A DY, L E G A L A F FA I R S M A N AG E R , O R E G O N S TAT E C H I L D C A R E new child care providers, support the quality of existing providers, and increase availability of culturally responsive early care and education Tribes in Oregon and many other states are asked by offerings. members living off-reservation for services but are constrained by policies or lack of funding. MAKE URBAN INDIAN O R G A N I Z AT I O N S E L I G I B L E Removing barriers that impede tribes from serving TO RECEIVE CCDF members living off-reservation in urban areas, allowing for flexibility in how tribes serve their FUNDING AND PROVIDE members, and fostering ways tribes can work R E L AT E D S E R V I C E S with each other or within an urban organization to serve their members are necessary steps to Congress should authorize Urban Indian improving relations. Organizations (UIO) to receive federal funding to provide CCDF-related child care services to tribal A similar circumstance is how the Department of members and descendants living in urban areas. Defense offers child care to service members living on bases and also provides child care support for those Authorized by Title V of the Indian Health Care living off-base.l While some practices and mechanisms Improvement Act, UIOs are contracted organizations are in place for tribes in specific cities, early childhood that provide services to AI/AN individuals and services are generally limited. families living in urban areas. Services tend to be related to health care, but some UIOs offer after- l Public Law 106-65, "National Defense Authorization Act for Fiscal Year 2000," Oct. 5, 1999, Section 584 of this law ("Support for Expanded Child Care Services and Youth Program Services for Dependents") authorized the Department of Defense to offer financial assistance to civilian providers who meet DOD standards to expand or supplement the availability of child care services for children of service members. 21 school care and youth programs. UIOs are also centered program that offers early childhood services eligible to receive federal funding to provide home such as Early Head Start, preschool, playgroups, and visiting services through the Maternal, Infant, and parenting support for families with pregnant mothers Early Childhood Home Visiting program, which or infants. Oregon State Child Care developed the overlap many families who also need or will soon Early Childhood Equity Fund in consultation with need child care. UIOs are required to collect certain tribal leaders to supplement NAYA's federal funding data on the service population, which could be useful in order to offer this array of programs for AI/AN for informing provision of other early childhood families living in the Portland area. services. UIO-related health care services often have Supporting collaboration between tribes and urban a culturally responsive component, consistent with NGOs has several mutual benefits. Louise Matson, child care needs among AI/AN families. m executive director of Division of Indian Work, As organizations authorized to receive CCDF funds, notes that the AI/AN community is diverse, "which UIOs wouldn't necessarily directly provide and is wonderful, but we don't always have access to administer child care subsidies, but they could cultural teachings for all… We are always seeking assist families with applying for state- or tribal- to expand our knowledge base and access to elders administered subsidies and finding available child from different tribes." The Division of Indian Work is care, functioning like a child care resource and an NGO in Minneapolis that offers AI/AN programs referral agency. UIOs could be given authority to and services directly or in partnership with other license child care providers directly or work in organizations, including family home visiting and a cooperation with a tribal agency that has child-care doula program. Matson also notes that working with licensing authority. UIOs could use CCDF funds tribes can open opportunities for program referrals to promote quality for these and other child care and coordinated strategies to fund services, including providers through culturally responsive teacher those eligible for Medicaid payments. training and curriculum assistance. Federal agencies and national organizations can also support early childhood programs within urban C R E AT E M E C H A N I S M S F O R areas. For example, the Administration for Native T R I B E S T O C O L L A B O R AT E Americansn recently awarded grants for Native- PROVIDING SERVICES IN language immersion programs for young children URBAN AREAS in Rapid City, South Dakota, and Anchorage, Alaska, and a language preservation grant to the Phoenix Several tribes are already active in cities, either Indian Center, which offers an early childhood Navajo through their own urban offices or by collaborating language class. with one or more nongovernmental organizations Including AI/AN people living in urban areas (NGO). For example, some urban areas have nonprofit in broader policy discussions can also ensure AI/AN community and service centers, such as that the urban AI/AN perspective is included Albuquerque and Seattle. Several tribes work with in administrative or legislative policymaking. urban NGOs to help their members connect with For example, the New Mexico Department of services. NGOs may also be in a position to provide Early Childhood and Care invited members from early childhood services to tribal members in urban Albuquerque to join the state's Tribal Advisory areas. In Portland, Oregon, the Native American Coalition, which includes representatives from the Youth and Family Center (NAYA) is an AI/AN- m See Office of Urban Indian Health Programs and Title V of the Indian Health Care Improvement Act. n Administration for Native Americans is an agency within the U.S. Department of Health and Human Services, Administration for Children and Families. 22 Native tribes, pueblos, and nations located in the state. In Albuquerque, 17 percent of children under age 5 are AI/AN alone or in combination with one or more other races. o "This way as we continue to grow as an agency, we continue to think about urban populations and making investments in the Albuquerque area to ensure there is connection to culture, language, and traditions," said Jovanna Archuleta, former New Mexico assistant secretary for Native American Early Education and Care. OPEN TRIBAL CHILD CARE LICENSING TO URBAN AREAS Extending tribal child care licensing into urban areas can increase the number of providers that offer AI/AN cultural programs. As an example, the Minneapolis- St. Paul metropolitan area is home to nearly 4,000 AI/ AN children under age 5. However, aside from a large tribally licensed center in the southwest metro, the four AI/AN-oriented providers in the urban core have capacity for only 150 children under age 5. Extending tribal licensing into urban areas like Minneapolis-St. Paul would create an accessible pathway for AI/AN providers to start programs. "The ability for tribes to fund initiatives that serve member and descendant license child care and other early childhood programs families with young children. The pilot could also in urban communities is extremely important to the operate at the state level by funding initiatives that well-being of young children living in those areas," connect tribes within a state with organizations in noted Barb Fabre. the state's urban areas that could serve members and descendants. As noted above, services could S TA R T A P I L O T P R O J E C T include offering culturally responsive early care and WITH A TRIBE OR WITHIN education, connecting families with AI/AN child care A S TAT E providers, licensing AI/AN child care providers, or providing family support services, some of which may One option for moving some of these promising qualify for Medicaid payments. policies and practices forward is to develop a A variation on the pilot-project concept is to fund pilot project with one or more tribes that have a a few UIOs to provide CCDF-related early care and substantial number of members and descendants education services to AI/AN families living in urban living off-reservation in one or more urban areas. The areas. The project could study the feasibility and project could connect the tribe or tribes with UIOs effectiveness of providing CCDF funds to UIOs. and NGOs that serve AI/ANs in the urban area and o 2021, American Community Survey 1-Year Estimates, Selected Population Profiles, Table S0201. Author's calculations. 23 Table 1. Top 30 Metropolitan and Micropolitan Areas by AI/AN population* AI/AN Population as AI/AN Population a Percent of Total Population 1 Los Angeles-Long Beach-Anaheim, CA 416,493 3.2% 2 New York-Newark-Jersey City, NY-NJ-PA 351,127 1.7% 3 Dallas-Fort Worth-Arlington, TX 223,723 2.9% 4 Chicago-Naperville-Elgin, IL-IN-WI 216,992 2.3% 5 Phoenix-Mesa-Chandler, AZ 206,887 4.3% 6 Houston-The Woodlands-Sugar Land, TX 186,678 2.6% 7 Riverside-San Bernardino-Ontario, CA 182,049 4.0% 8 Tulsa, OK 171,750 16.9% 9 Oklahoma City, OK 144,700 10.1% 10 Washington-Arlington-Alexandria, DC-VA-MD-WV 133,890 2.1% 11 Seattle-Tacoma-Bellevue, WA 130,373 3.2% 12 San Francisco-Oakland-Berkeley, CA 127,166 2.7% 13 Atlanta-Sandy Springs-Alpharetta, GA 119,190 2.0% 14 San Diego-Chula Vista-Carlsbad, CA 101,050 3.1% 15 Denver-Aurora-Lakewood, CO 100,416 3.4% 16 Philadelphia-Camden-Wilmington, PA-NJ-DE-MD 92,378 1.5% 17 Portland-Vancouver-Hillsboro, OR-WA 89,829 3.6% 18 Sacramento-Roseville-Folsom, CA 89,214 3.7% 19 Albuquerque, NM 84,319 9.2% 20 Detroit-Warren-Dearborn, MI 83,425 1.9% 21 Minneapolis-St. Paul-Bloomington, MN-WI 82,804 2.2% 22 San Antonio-New Braunfels, TX 74,735 2.9% 23 Miami-Fort Lauderdale-Pompano Beach, FL 70,430 1.1% 24 Kansas City, MO-KS 67,376 3.1% 25 Austin-Round Rock-Georgetown, TX 65,653 2.9% 26 Las Vegas-Henderson-Paradise, NV 64,415 2.8% 27 Tampa-St. Petersburg-Clearwater, FL 63,478 2.0% 28 St. Louis, MO-IL 61,436 2.2% 29 Charlotte-Concord-Gastonia, NC-SC 59,049 2.2% 30 Gallup, NM** 58,845 80.7% *AI/AN population refers to AI/AN alone or in combination with one or more races. **Micropolitan Area, others are Metropolitan Areas. Source: 2020 Census Data, P.L. 94-171 Redistricting Data Summary File from IPUMS NHGIS, University of Minnesota, www.nhgis.org. Author's calculations. 24 Table 2. Top 30 Metropolitan and Micropolitan Areas by AI/AN Population as a Share of Total Population* AI/AN Population as a Percent of AI/AN Population Total Population 1 Show Low, AZ** 46.9% 50,017 2 Farmington, NM 44.3% 53,898 3 Lumberton, NC** 41.8% 48,706 4 Flagstaff, AZ 27.5% 39,927 5 Tulsa, OK 16.9% 171,750 6 Anchorage, AK 14.3% 57,072 7 Fairbanks, AK 14.1% 13,527 8 Rapid City, SD 13.1% 18,253 9 Fort Smith, AR-OK 11.8% 28,885 10 Stillwater, OK** 11.6% 9,460 11 Eureka-Arcata, CA** 11.3% 15,367 12 Lawton, OK 11.1% 14,038 13 Oklahoma City, OK 10.1% 144,700 14 Albuquerque, NM 9.2% 84,319 15 Ukiah, CA** 8.7% 8,003 16 Great Falls, MT 8.7% 7,326 17 Yakima, WA 7.7% 19,839 18 Madera, CA 7.7% 12,054 19 Redding, CA 7.2% 13,127 20 Billings, MT 6.9% 12,679 21 Houma-Thibodaux, LA 6.7% 13,863 22 Joplin, MO 6.7% 12,116 23 Hermiston-Pendleton, OR** 6.4% 5,921 24 Brainerd, MN** 6.2% 5,976 25 Chico, CA 6.2% 13,111 26 Bismarck, ND 6.1% 8,187 27 Santa Fe, NM 5.9% 9,109 28 Yuba City, CA 5.9% 10,657 29 Roseburg, OR** 5.7% 6,330 30 Fayetteville-Springdale-Rogers, AR 5.6% 30,828 *Metropolitan and Micropolitan Areas with total population over 80,000. AI/AN population refers to AI/AN alone or in combination with one or more races. **Micropolitan Area, others are Metropolitan Areas. Source: 2020 Census Data, P.L. 94-171 Redistricting Data Summary File from IPUMS NHGIS, University of Minnesota, www.nhgis.org. Author's calculations. 25 Table 3. Disparities between AI/AN and general population apparent nationwide and in large urban populations, 2021 Total U.S. Population Large urban population* Total AI/AN** Total AI/AN** Population 25 years and over with less than high school 11% 16% 12% 17% diploma Population 25 years and over with at least a Bachelor's 35% 23% 40% 27% degree or higher Total civilian noninstitutionalized 13% 17% 11% 14% population with a disability Percent of households with 12% 21% 12% 18% Food Stamp/SNAP benefits Median family income (dollars) $85,806 $68,275 $99,127 $78,913 No health insurance coverage 9% 14% 9% 14% Source: 2021, American Community Survey 1-Year Estimates, Selected Population Profiles, Table S0201. Author's calculations. *Includes 24 metropolitan areas with large AI/AN populations. **AI/AN alone or in combination with one or more other races. 26 Section 3 relief funds to tribes, ongoing funding for AI/AN communities continues to lag and does not meet their Reform federal funding needs. In the case of federal child care funding, states receive funding based on the population of young to address tribal and children in low-income families and a percentage set- AI/AN needs using data- aside for tribes in their states. driven methods The methods used to determine the tribal set-aside are inadequate in part because Congress does not use a full tribal-level count of children to determine tribal funding levels. For example, a BPC study of 184 tribal In 2003, a report by the U.S. Commission on Civil Child Care and Development Fund plans showed that Rights noted that despite increases in funding for AI/ not all eligible American Indian and Alaska Native AN people over the previous 10 years, "there persists (AI/AN) children and families can access the federally a large deficit in funding Native American programs funded support they may need. Another confounding that needs to be paid to eliminate the backlog of issue is that as more tribes access CCDF funding, unmet Native American needs." The report also funding allocations are diluted across a larger recommended that "all agencies that distribute funds number of tribes. Currently more than 500 federally for Native American programs should be required recognized Indian tribes, and Alaska Native villages to regularly assess unmet needs, including gaps in access CCDF funds directly or through consortium service delivery, for both urban and rural Native arrangements. individuals." A follow-up report released 15 years later, Broken Promises: Continuing Federal Funding Shortfall Tom McDonald, chairman of the Confederated Salish for Native Americans, noted that funding for AI/AN and Kootenai Tribes located in Montana, observed programs mostly remained flat. that "affordable child care has always been an unmet need. We need equitable pay for child care teachers While the federal government recently allocated and support for private and institutional providers a relatively large amount of pandemic-related with funding at the national level." The Flathead Reservation, spanning 1.2 million acres in northwestern Montana, is home to the Confederated Salish and Kootenai Tribes. Relative to the 1,453 children living on the Flathead Reservation under age 6 with all parents in the labor force, there are only 792 spaces in home- and center-based child care providers, a child care supply gap of 46.5%. Moreover, many of the existing slots are for preschool-aged children, meaning working parents with infants and toddlers likely find it especially challenging to find care. Child care providers are clustered in the towns of Polson, Pablo, St. Ignatius, and Arlee, leaving parents in more remote areas of the reservation without access to a local provider. p Similar data and analysis for other AI/AN reservations could quantify the number of children who may benefit from child care and the relative gap in supply. p Linda Smith and Caroline Osborn, "Child Care Gap on the Flathead Reservation," Bipartisan Policy Center, February 14, 2023. Available at: https://bipartisanpolicy.org/blog/child-care-gap/. 27 To adequately assess the AI/AN population, we formulas don't account for tribal needs, tribes don't need more, and higher-quality, data. AI/AN sample receive enough resources to build data systems that sizes in surveys and datasets are often too small can quantify and demonstrate local needs, a veritable to break out and describe conditions for tribes and Catch-22. AI/AN populations. In addition, there are inherent challenges in counting people widely dispersed in rural areas, such as reservations, which can lead to "FEDERAL FUNDING undercounts. There can also be challenges with how A P P L I C AT I O N S A R E O F T E N L O N G addresses are listed in remote geographies. A N D C O M P L I C AT E D, A N D T R I B E S U.S. Census Bureau implementation of differential WITH GR ANT WRITING SUPPORT privacy protections for 2020 data products will S E R V I C E S A R E AT A N A DVA N TAG E , lead to reduced availability of geographic and EVEN THOUGH TRIBES WITHOUT subgroup data. Census officials note that growing THOSE SUPPORT SERVICES computing power that enables access to large public A L S O N E E D T H E F U N D I N G ." databases makes it more possible for bad actors to identify common data points between Census data PAT R I C E K U N E S H , C O M M I S S I O N E R O F T H E products or between Census and other databases, A D M I N I S T R AT I O N F O R N AT I V E A M E R I C A N S increasing the possibility of identifying individuals or households in Census data. A consequence of Census disclosure avoidance practices is reduced specificity Tribes also vary in how they define and qualify of information available for small geographies and enrollment and the extent to which they maintain subgroups, including tribal groups. connection with and serve descendants of enrolled members. That is, tribes with relatively narrow As discussed in New 2020 Census Rules Make It qualifications for membership and inclusivity of Harder to Navigate Native American Data, a working descendants also have a narrower reach in providing paper from Center for Indian Country Development services compared with tribes with broader (CICD), Federal Reserve Bank of Minneapolis, qualifications for membership. roughly 80 percent of all tribal groups who previously received a full suite of demographic data would no While more work is needed to place tribes and AI/ longer have their age data reported by sex. In 2010, AN populations at the forefront of concern among detailed data tables were available for a tribal group government agencies and policymakers, there are with at least 100 people. For the 2020 Census, the indications that some federal agencies and state minimum population increased to 500 people at the governments are looking closer at tribes and AI/AN nation or state level and 1,000 people for a substate populations. geography for a tribal group to receive four categories One example is the Child Care and Development of sex by age counts. National Congress of American Block Grant Reauthorization Act of 2014, in which Indians has identified concerns about the impact of Congress changed the tribal set-aside language from differential privacy protections on AI/AN data quality "no more than" to "at least" 2 percent of the total and usability. CCDBG appropriation is to be reserved for Indian Finally, many tribal communities lack resources to tribes and tribal organizations, creating opportunity develop their own data collection and management to increase funding above a certain threshold. And as systems, which contributes to a cycle of discussed in Section 1, several states are establishing underinvestment because accurate population counts protocols and following practices to better and assessment of need are necessary to justify communicate and collaborate with tribes. federal funding. However, since federal funding 28 Promising policies and practices fall within four categories: • Reforms to the decennial Census and American Community Survey data collection process • Federal agencies and state government use data from other sources that complement Census data • Supporting tribal initiatives to develop their own data collection and management systems • Backing initiatives that aggregate and disseminate tribal and AI/AN–related data In terms of process, it is essential that changes are made in consultation with tribes and respect tribal sovereignty in terms of data privacy and governance. IMPROVING CENSUS COUNTS Ongoing improvements to the decennial census and American Community Survey (ACS) data collection processes can produce more accurate counts for reservations and the AI/AN population. The decennial census of population and housing is an effort to count Despite efforts to improve the accuracy of the each individual and household in the country; ACS is decennial census and ACS, the challenges noted an annual survey of a population sample. above continue to blow headwinds against accuracy, particularly counting people widely dispersed in The Census Bureau has a process for consulting with rural areas. tribal leaders on activities regarding the decennial census and ACS that might affect their tribes. In 2011, Nevertheless, the Census Bureau should continue Census made changes to the ACS to improve sampling to conduct outreach to connect and build trust with procedures and increase reliability of ACS estimates AI/AN communities, both on and off reservations, for populations in certain well-defined geographic including urban AI/AN communities. Census areas, including AI/AN areas. Since 2011, Census has and other organizations can also share with AI/ conducted in-person interviews for housing units with AN communities how census data impacts the unmailable addresses and those that did not respond resources available to their community. Census via internet, mail, or phone in Hawaiian Home Lands, should also continue to take into consideration Alaska Native Village Statistical Areas, and American potential costs to tribes as it balances producing Indian areas with at least 10 percent of the population quality data and maintaining privacy when producing responding to the 2010 census as American Indian tables with small geographic units. (For census or Alaska Native. Meanwhile, for the 2020 census, data users, the aforementioned Center for Indian the Census Bureau recruited workers from tribal Country Development [CICD] working paper offers communities to conduct field work and build trust recommendations on how to increase the usefulness with the census counting process. of 2020 census data when working with detailed AI/ AN tribal groupings.) 29 U S I N G O T H E R D ATA Federal agencies could work with tribes to develop SOURCES AND best practices for coordinating data collection across C O O R D I N AT I N G tribal agencies to reduce duplication and improve ACROSS AGENCIES data accuracy. Specific to early childhood, Administration for Federal agencies and state governments can use data Children and Families could provide guidance to tribes from other sources to complement census data and on coordinating family and young child population coordinate data access across agencies. For example, counts for ACF-funded programs, including CCDF, the Bureau of Indian Affairs recently worked closely Head Start, and Maternal, Infant, and Early Childhood with tribes to use tribal enrollment data to inform Home Visiting, as well as coordinate with U.S. American Rescue Plan funding allocations. In Department of Agriculture's Child and Adult Care addition, the Treasury Department worked with BIA Food Program on data collection. Eligibility is different to use enrollment data to allocate funding related to for each program, but basic counts of families and ARP and other pandemic recovery funds. young children by child age and measure of need, such Tribes often submit information on federal funding as family income or poverty status, apply to all. In applications that reveal information about AI/AN addition, methods to track program capacity can help populations in and near reservations. Like the BPC tribes and ACF estimate the number of children served study of tribal CCDF plans, data from these tribal relative to need. Finally, ACF could provide tribes the funding applications could help clarify population option of submitting a common needs assessment demographics and needs in tribal communities. across all or a subset of ACF-funded programs. SUPPORT TRIBES A G G R E G AT E A N D T O D E V E L O P D ATA D I S S E M I N AT E T R I B A L - COLLECTION AND L E V E L A N D A I /A N D ATA MANAGEMENT SYSTEMS In cooperation with tribes, initiatives that aggregate With more resources and technical assistance, many and disseminate tribal- and AI/AN-related data tribes would be better positioned to develop their can provide policymakers, researchers, and other own data collection and management systems. Some stakeholders a clearer picture of tribal and AI/AN tribes have already taken steps in this direction. The child populations, employment, housing, and many CICD recently reported examples of tribes conducting other topics. For example, the CICD offers a suite of their own census and surveys and using the data to data tools and leads initiatives to make public data enhance service delivery. more accessible through economic development– related datasets. Targeting resources to tribes to develop data collection and management systems would not only help At the state level, Oregon State Child Care is tracking tribes better serve their members but also facilitate tribally operated and tribally affiliated child care developing methods to compare tribal-generated and programs within its licensing and child care subsidy -certified data with census decennial and ACS data. functions. "We can then provide specialized support to providers that are serving a significant portion In addition, tribes are asked to conduct multiple of AI/AN children," said Crys O'Grady, legal affairs community needs assessments in response to federal manager, Oregon State Child Care. Tribes also have agency applications. Often these assessments are access to the data so they can provide resources to conducted on a small scale by individual tribal providers who are members and support the service agencies to meet federal program requirements. providers members use. 30 Research projects not only benefit from data approach to making a more accurate assessment of AI/ accessibility, but the process of research itself can AN needs and therefore the levels of funding required illuminate data gaps and spur innovation to improve to meet them. Furthermore, federal funding isn't the data availability. Organizations such as CICD, only means to implement these recommendations; Harvard Project on Indigenous Governance and there are roles to play for tribes, NGOs, and Development, and Native Nations Institute foster and philanthropy. Finally, putting these reforms in place disseminate research that addresses issues of interest is the first step to support Congress's efforts to fully to tribal communities. Within early childhood, the fund tribal and AI/AN needs, but these changes would Tribal Early Childhood Research Center's mission is provide a better gauge of the current shortfall. to grow the field of AI/AN–related early childhood research in partnership with federal program leaders, AI/AN community partners, and other organizations that serve AI/AN communities. CHANGING FEDERAL APPROACH TO FUNDING T R I B A L A N D A I /A N N E E D S With these data reforms in place, federal funding allocations for tribes and AI/AN communities should shift from a percentage set-aside to funding AI/AN needs based on data-driven methods. Each of the preceding four recommendations takes a different 31 Conclusions and Next Steps Each of the Blueprint's primary recommendations-strengthen communication and collaboration between state governments and tribes, open new approaches for tribes to serve members living off-reservation in urban areas, and reform federal funding to address tribal and AI/AN needs using data-driven methods-will lead to stronger support for AI/ AN families with young children. The first few months and years of life are a sensitive period for child development, and they can also be a particularly vulnerable time for families. Reaching AI/AN families with young children with culturally responsive early care and education can have particularly large benefits for AI/AN families and communities. Policies and practices within state and tribal governments have the most promise for strengthening communication and collaboration between the two. Section 1 offered several examples of methods to build stronger state-tribal relations, such as policies that establish government-to- government communication and meetings with open dialogue and responsive follow-up. Federal agencies and NGOs can also support the state-tribal relationship-building process. For example, the federal Office of Child Care could require states to enter into consultation with tribes on state CCDF plan development. Several government jurisdictions, NGOs, and philanthropy could facilitate opening new approaches for tribes to serve members living off-reservation in urban areas. A starting point is amending federal legislation or policies to give tribes flexibility to serve their members and descendants who live off-reservation in urban areas. Other steps include authorizing Urban Indian Organizations to provide CCDF-related early childhood services; encouraging governments, NGOs, and private philanthropy to create mechanisms for tribes to collaborate providing services in urban areas; and opening tribal child care licensing to urban areas. Finally, Congress, federal, state, and tribal governments, NGOs, and philanthropy can all advance data quality via improved methods of sharing tribal data across federal and state agencies, supporting tribes to develop data collection and management systems, and disseminating tribal-level and AI/AN data. Advancing these reforms could more easily open the door to shifting federal funding allocations from a percentage set-aside to funding AI/AN needs based on data-driven methods. 32 Acknowledgements We would like to acknowledge the contributions to this report by the individuals named below. All generously contributed their time and knowledge through participation in the four-part webinar series on American Indian and Alaska Native early care and learning, appeared in the documentary Righting a Wrong: Closing the Gap in Child Care for Native American Families, or were interviewed in preparation for this report. This report would not have been possible without their expertise. Allarie Little Coyote, Parent Jarrod Allen, Parent Andrew Huff, Senior Policy and Legal Advisor, Center Joni Tobacco, Parent for Indian Country Development, Federal Reserve Bank of Minneapolis Jovanna Archuleta, Director of Early Childhood Community Outreach, LANL Foundation Anton Treuer, Author and Professor of Ojibwe at Bemidji State University Jules Many Guns, Parent Barb Fabre, CEO, Indigenous Visioning and President of All Nations Rise Julie Allen, Teacher, Salish Kootenai College Early Learning Center Brenda Rygg, New Mexico Health and Human Services Outreach Specialist Kayla Hall, Parent Brittany Lee, Director, Child Care Services, Kirsten Baesler, North Dakota Superintendent of Oklahoma Human Services Public Instruction Casey Lozar, Vice President, Director of Center for Leigh Ann Courville, Early Childhood Department Indian Country Development, Federal Reserve Bank of Chair, Salish Kootenai College Minneapolis Linda Capps, Vice Chairman, Citizen Potawatomi Clifford Flammond, Parent Nation Cotillion Sneddy, New Mexico Assistant Secretary Louise Hoskinson, Teacher, Salish Kootenai College for Native American Early Education and Care Early Learning Center Crys O'Grady, Legal Affairs Manager, Oregon State Louise Matson, Executive Director of Division of Child Care Indian Work Elizabeth Groginsky, Cabinet Secretary, New Mexico Marisa Cummings, Senior Advisor, Administration Early Childhood Education and Care Department for Native Americans Gail Crawford, Parent Matthew Gregg, Senior Economist, Center for Indian Country Development, Federal Reserve Bank of Minneapolis Janet Jolley, Director, Salish Kootenai College Early Learning Center Melanie Benjamin, Chief Executive, Mille Lacs Band of Ojibwe 33 Morgan Valentine, Teacher, Salish Kootenai College Rolanda Wesley-Moran, Teacher Aide, Salish Early Learning Center Kootenai College Early Learning Center Nicole MartinRogers, Partner and Consultant at Rosie Gomez, Chief of Staff, Administration for Advance Consulting LLC Native Americans Patina Park, Executive Director, Tribal State Ryan Nunn, Assistant Vice President, Community Relations Office of Minnesota Governor Tim Walz Development and Engagement, Federal Reserve Bank and Lieutenant Governor Peggy Flanagan of Minneapolis Patrice Kunesh, Commissioner of the Administration Sandra Boham, President, Salish Kootenai College for Native Americans Senator Byron Dorgan Peggy Flanagan, Minnesota Lieutenant Governor Steven Pinkerton, Parent Robyn Bennett, Teacher, Salish Kootenai College Early Learning Center Tom McDonald, Chairman of the Confederated Salish and Kootenai Tribes 34 Policy Areas Business Child Welfare Initiative 1225 Eye St NW, Suite 1000 Washington, DC 20005 Democracy bipartisanpolicy.org American Congressional 202 - 204 - 2400 Exchange Campus Free Expression Digital Democracy Elections Presidential Leadership Structural Democracy Early Childhood Economy Debt Limit Higher Education Immigration The Bipartisan Policy Center helps policymakers work across party lines to craft bipartisan solutions. 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