Consultation on the FY 2024 Tribal Set-Aside from the Crime Victims Fund | Day 1 | January 17, 2024

MARLENE MACK: Hello and welcome to the Office for Victims of Crime consultation in the Fiscal Year 2024 Tribal Set-Aside from the Crime Victims Fund. We would like to welcome you. And for your awareness, this session will be recorded. If you do not consent to the recording, we ask that you disconnect at this time.

To help with the audio quality, all lines are in listening mode. This consultation is closed to the press. So we asked if you are a member of the press to disconnect at this time.

Live captioning is available. To enable it, click on the show caption option on the Zoom menu bar. If you have any additional technical difficulties, please let us know by chat so that we can help make sure that you are able to fully take part in the conversation this afternoon. You can email our technical support using the email on screen.

During the consultation, Tribal leaders and their designees will offer testimony or statements on the Tribal Set-Aside from the Victims of Crime Fund for the Fiscal Year 2024. Thank you to all the Tribal leaders and their designees who preregistered to give oral testimony during this consultation. Our colleagues who are managing the logistics of this event will be checking in with you to make sure you are ready to speak at the appropriate time.

If you are a Tribal leader or Tribal designee and did not register to give testimony but wish to speak, please use the chat to type “testimony request” and give your name, Tribal affiliation, and title. You will be added to the queue of speakers. You can do this at any time during today's consultation. 

When it is your time to give testimony, your name will be announced. And your video and audio feeds will be live and unmuted. You can decide if you would like to have your video enabled while you speak.

If you don't wish to have your video enabled, that is fine. We will unmute your audio and we will receive your audio testimony. We will ask that you restate your name, Tribal affiliation, and title as you begin your testimony. If you are a Tribal leader designee, then we ask you to also say the name of the Tribal Chief or chairperson on whose behalf you are offering testimony this afternoon. Thank you for reconfirming this information for us so that we can include it in the record of this event.

OVC also welcomes written testimony from Tribal leaders. Please send your written testimony to [email protected] no later than February 28th. Again, that email address is [email protected]. This email address is being added to the chat. It will be in the email that will go out to all registered for this consultation after the event concludes.

I will now turn over the meeting to our facilitator, LeBretia White, director of OVC's Tribal Division.

LEBRETIA WHITE: Greetings, everyone. I am LeBretia White with the Office for Victims of Crime and the Tribal Division director. And I consider it a privilege to serve you along with our team of 14 committed grant management specialists as we administer the Tribal Victim Services Set-Aside program. I welcome all who have joined day one of the 2-day Office for Victims of Crime Tribal consultation. We appreciate your attendance and look forward to hearing the testimony from Tribal leaders or their designees. 

As we proceed with today's session, I am honored to welcome Dr. Juana Majel Dixon, Tribal Legislative Councilmember of the Pauma-Yuima Band of Luiseño Indians to open our consultation today with a prayer. Juana Majel-Dixon is a citizen of the Pauma-Yuima Band of Luiseño Indians and has served on the Tribe’s legislative council for 28 years, she served on that council. As a member of the National Congress of American Indians or NCAI for nearly five decades, she has championed the Violence Against Women Act also referred to as VAWA, spearheading the formation of NCAI’s VAWA Task Force in 2003, dedicating endless hours to VAWA re-authorization in 2005, and ensuring the passage of VAWA and the Tribal Law and Order Act in 2013, which established an Office of Tribal Justice within the U.S. Department of Justice. 

Dr. Majel Dixon holds a joint doctorate in U.S. policy and education, a master’s degree in behavioral science, and a master’s degree in psychology. She has taught federal Indian law and U.S. policy for 25 years at Palomar College and is a visiting professor at San Diego State University, Claremont Graduate University, and Cal State San Marcos. 

Throughout her career as an advocate, educator, and traditional Native healer, she has traveled the world representing the unique perspectives of Indigenous peoples, raising awareness about Native sovereignty, Tribal justice systems, racism, spirituality, healing, and education. 

Dr. Majel Dixon, please begin when you are ready.

JUANA MAJEL DIXON: You know, each of us has our way and manner in which the mind, body and spirit governs our lives and our well-being. And today, each of you that are here, that are going to speak on behalf of your people. And on the relatives in your heart. And your ancestors to remember that the Creator has already prepared you to be here today, has given breath to you to give breath to the words that will no longer belong to you. 

They will belong to the people. And we call Creator [speaking in Native language], ask that you come and be a part of us. Because when you do this, I do it with you. When you speak, I hear you. I feel you. I see you. When we listen to these words, we don't own them. We learn from them. And we learned how to build a voice collectively together.

In the governance of our people spiritual in our mind, body and spirit, we have had to share with our relatives on the phone calls today how it is we do what we do., how it is we have an expectation to be taken care of in a manner that is honorable and a manner that is in a good way. I asked Creator to give to us the gift of thinking, the wisdom of thinking, the words that have been thought out, the breath to those words so that I will carry your people in my heart when I finish this day in prayer.

I asked also that you listen to the wisdom of the children when they breathe such beautiful stories and words that are so simple yet are pictures of the world we live in. When I consider where we are and what we do, I also think about how beautiful that is. So I ask that you hold onto those things and think about them in such a way that they don't interfere. They contribute to the living memory of your words. In this journey, I ask that you remember all those who came before you and have given everything they have so that you and I could be here and be a part of this. I also ask that you be thoughtful of the relatives who speak.

Some may be in anguish. Some may be forthright and direct. Some may be thinking and pausing and then add their words and in that manner, we will listen and how they will speak. We don't have a way that is common. We use a language that is not ours. So that everybody can hear. So that everybody might listen to what we say. So I go to you in a good, humble manner as the relatives across the nations of the different worlds you come from, or the places we have been at and places we will go to. I also ask that you carry me and my people. Take care of us as we will take care of you. [Speaking in native language] All right relatives. That’s an Indian amen.

KATHERINE DARKE SCHMITT: Dr. Juana, thank you so much for opening for us with those words. We are always grateful for your presence, and we appreciate your thoughtfulness and your support for everyone who takes part in these consultations.

I am Katherine Darke Schmitt. I am the Principal Deputy Director of the Office for Victims of Crime at the United States Department of Justice. Our annual consultation provides a forum for our government-to-government communication about chronic challenges as well as emergent issues that Tribes encounter in serving victims of crime. At the Office for Victims of Crime, we value our partnership with Tribes, which we try to demonstrate through the Tribal Division's efforts to incorporate your recommendations from your testimony into how the set-aside funding is administered. 

I would now like to introduce the Director of the Office for Victims of Crime, Kristina Rose, who will provide opening remarks. Director Rose was appointed to the position of Director for the Office for Victims of Crime by President Joe Biden and was sworn in on July 12, 2021. Prior to her appointment, Director Rose spent nearly 20 years at the U.S. Department of Justice serving in various roles including as the Deputy Director of the Office for Victims of Crime as well as the Deputy Director and the acting Director at the National Institute of Justice and Chief of Staff at the Office on Violence Against Women. Director Rose, we are honored to have you here, opening remarks at this time.

KRISTINA ROSE: Thank you, Katherine. And I want to start by thanking Dr. Juana Majel Dixon. You always honor us every time you open one of our consultations with your prayer. So thank you so very much. And I'm honored to be here with all of you in this government-to-government setting. To talk about the FY 24 Tribal Victims Services Set-Aside. And that is from the Crime Victims Fund. Or you will hear me refer to it as both the set-aside, the Tribal set-aside, the TVSSA, I’m talking about the same thing. I will try to be as consistent as I can for you. 

Today's consultation supports President Biden's commitment to strengthening nation-to-nation relationships and it is rooted in the President's commitment to the trust and treaty responsibilities and the desire to strengthen Tribal sovereignty and advance Tribal self-determination. We are so grateful for this opportunity to have direct conversations with you about the implementation of the Tribal set-aside and all of the critical issues that are impacting Tribal nations. So I want to thank the Tribal leaders from whom we will hear today for your leadership and for your advocacy. We are so honored that you are joining us in this very important conversation. 

And thank you to all of our Tribal Victim Services Set-Aside grantees. Some of whom are joining us today. For their daily support to crime victims and survivors and their family members and loved ones. We know the work you do is so hard. And I'm sure it can often seem overwhelming. But still you continue on and ensuring that crime victims have the information, the options, and the services they need to find their justice. Thank you. Thank you for all that you do. 

I'm so grateful for the efforts of Katherine Darke Schmitt and LeBretia White and the entire OVC Tribal Division for their innovative efforts to incorporate Tribal leaders’ recommendations into the administration of the Tribal set-aside program. I want to give a special shout out to Mary Atlas-Terry for leading the effort to prepare the framing paper and the FY 23 Tribal set-aside annual report that was prepared for this consultation. If you have not seen these documents or you want to refer to them again, you will see a way to do that because we’ve linked to them in the chat for you. These two documents are thorough resources. So I am only going to provide you with a brief history of the program and I'm going to focus mainly on FY 23.

So as many of you are already aware, in 2018, Congress authorized a set-aside from the Crime Victims Fund for grants to Tribal communities to enhance services for Tribal victims of crime. And since 2019, the set-aside has been 5 percent of the CVF cap. As a reminder, the CVF cap is the amount of money that Congress authorizes OVC to expend in a given Fiscal Year. Now, the amount of funding under the set-aside varies from year to year. 

For example, the set-aside totaled about $133 million in FY 18. But it decreased to $95 million in FY 23. You can find more details about each of the Fiscal Years in the annual report that is linked in the chat. Now, Congress has not yet passed an appropriations bill for the Department of Justice for FY 24. However, the house and the Senate Mark suggests a $1.2 billion cap on the CVF. Now, 5 percent of that would be about $60 million for the Tribal set-aside in 2024, which is a decrease from last year. And I know this is not welcomed news. 

The proposed reduction in the cap seeks to align spending with the estimated projections for revenue to protect the balance of the fund over the long term so that we can continue to serve victims of crime in the years ahead. Now, we monitor the fund very, very closely. If you have any questions, don't hesitate to reach out to us or visit our website, where we post monthly figures. I also hold a monthly broadcast called “From the Director's Desk", where I provide updates on the Crime Victims Fund and often reference the work we are doing in Tribal communities, so if you are interested in joining and listening to those broadcasts, there is information on our website and you can listen to other broadcasts that have already taken place. So getting back to the TVSSA.

Since 2020, following consultation with the Tribes, OVC has been administrating the TVSSA program using what we call a population-based administrative formula. This change transformed the TVSSA from a competitive discretionary grant program to a noncompetitive formula program. And that reduced many of the barriers to accessing these much needed funds. And that was something we heard from you. We heard that you did not want to have to compete with other Tribes for this funding. In FY 23, 267 Tribes signaled their intent to apply for TVSSA funds by submitting these population certificates and that was the most we have received to date.

However, 55 Tribes that initially submitted population certificates later formally withdrew their applications or they did not complete them. This is not a new phenomenon. OVC has encountered similar attrition rates since switching to this formula process. The reasons that we are hearing from Tribes for their decisions not to complete their applications really varies across, just across the whole phenomenon. Some Tribes realized that new funding was not needed to continue their victim service programs. Others decided to apply as a member of a consortium. Others cited staff turnover, insufficient time to complete their application, or a lack of communication or confusion about the application process.

In FY 23, after careful and thoughtful deliberation with Tribal leaders, we allocated the remaining amount of money to support Tribal programs and activities, the details of which are in our annual report. Ultimately, 212 Tribes completed the two phased application process and OVC awarded nearly $70 million from the Tribal set-aside in FY 23. And now that brings us to FY 24. And as you probably know, we are currently accepting population certification forms under the first phase of the FY 24 TVSSA program. And that will continue until February 9^th. 

All federally recognized Tribes including those that previously received a TVSSA award in 2023 or earlier are invited to submit your population certifications. And a link to that online form has been placed in the chat. For those of you who have not yet submitted your population certification or have not sought funding in the past, I want to share with you some of the unique features of the Tribal set-aside program, many of which were implemented after consultations just like this one. 

So number one, applicants can choose the project period for their annual awards from anywhere between 12 months and 60 months. 

Number two, applicants have the option to complete a checklist or participate in an interview instead of writing a traditional program narrative. And in fact, during FY 23, four Tribal Division staff were in Alaska over a period of four weeks to conduct 25 in-person interviews and provide technical assistance to Tribes wanting to apply for these funds. In addition, OVC staff hosted 65 virtual interviews with other applicants in Alaska and in the lower 48.

Number three, allowable expenses include those related to culturally specific victim services. This can include traditional arts, ceremonies, and food as part of a ceremonial healing response to an individual who has undergone trauma. And they want to become realigned with the community and restored to health and balance. We are so grateful to be able to provide these culturally specific services for you. 

Options to spend funds on construction expenses has led to the approval of projects like building tiny houses to provide temporary shelter to domestic violence survivors, extensive renovations to existing shelters and victim services offices and the purchase, installation, and site preparation for modular buildings and site preparation for other prefabricated structures.

And lastly, grantees can use their funds to address the needs of families of missing persons. We believe that this change creates an opportunity for Tribal communities to direct much needed funding towards serving the loved ones of missing or murdered Indigenous persons, in order to generate the awareness and creating the systemic change that is needed to break through the barriers that currently exist. 

So, I encourage you to submit those population certifications but with one note of caution. While we have begun this first phase of the FY 24 TVSSA program, it is important to underscore one point. And that is that Congress has not yet passed an appropriations bill for DOJ for FY 24. Until Congress passes such legislation, we will not know how much the set-aside will be. 

Before I close, I want to share some other efforts that are underway at OVC for our Tribal grantees. Number one, we executed a contract to provide support and technical assistance to our grantees with plans to complete construction projects. So there will be expert help to help Tribes as they complete these construction projects. 

Two, OVC's Tribal Division is expanding the staff from 13 to 21 team members so that we can more fully support the over 900 active grants that have been awarded to 342 individual Tribes, Tribal designees or Tribal consortia. One of our new employees and two recently selected candidates are enrolled Tribal members and four of the six new grant members will be working remotely in Alaska and in the lower 48 so that means outside of this Washington, DC, duty station. 

Three, efforts are underway to plan how OVC in collaboration with other agencies can address the recommendations from the Not Invisible Act commission report. 

Four, we are preparing for the National Indian Nations Conference, which is tentatively scheduled for December of 2024. I look forward to seeing many of you, if not all of you, there. And that is it for now. 

When we reach the testimony portion of today's consultation, please know that we welcome your comments and recommendations on any topics related to OVC's Tribal programming whether it is the needs of your communities or any other issues that are related to crime victimization that you believe should be addressed by OVC or DOJ. 

But before we start, I do have the great pleasure to introduce a recorded message from my wonderful boss and colleague, Amy Solomon. She is someone who champions the work of OVC and recognizes the importance of these consultations and the impact that they can have on OJP programming for Tribal communities. So here's Amy.

AMY SOLOMON: Hello. I am Amy Solomon, Assistant Attorney General for the Office of Justice Programs. I want to thank you for attending this Tribal consultation hosted by OJP’s Office for Victims of Crime. The information discussed in the stories shared over these two days will be instrumental in determining how we improve the ways the Department of Justice and OVC can support crime victims in Tribal communities. I'm grateful for the invaluable testimony Tribal leaders will provide both during this consultation and in writing. 

OVC has always relied on your feedback, insights, and perspectives to refine programs that serve Tribal communities. And the successful implementation of the Tribal victim services set-aside formula program demonstrates our commitment to reaching American Indian and Alaska Native victims.

Since 2018, OVC has awarded approximately $738 million in set-aside funding to support the delivery of victim services in Tribal communities. These awards have supported critical services to thousands of crime victims in Tribal communities across the nation. They are paying the salaries of victim advocates. They are providing shelter and providing groceries for victims. They are being used to strengthen victim protection and Tribal codes. And they are helping to support healing ceremonies. 

OVC is working hard to make sure this program is administered as efficiently as possible so that we are able to maximize the services available to crime victims. After listening to feedback from Tribal leaders, OVC has ensured that funding for the Tribal victim set-aside program will address a broad range of needs.

For example, in the past two years, they have expanded the program guidelines to open opportunities for services in cases involving missing or murdered Indigenous people. The guidelines also now allow funding for certain construction or renovation projects. We are committed to working with you to enhance and expand access to victim services in your communities. That pledge reflects a larger Justice Department commitment to the safety of Tribal communities. Attorney General Garland has made it clear that working hand-in-hand with Tribes to help reduce crime and support victims is a top priority of this Department of Justice. 

The Attorney General has called on U.S. attorneys with Indian country jurisdiction to be proactive in addressing existing and emerging public safety issues and he has directed their offices to develop updated operational plans to improve safety and justice on Tribal lands. What you do daily to support victims and to advocate on their behalf with Tribal courts supports this effort. 

I am so proud of the work that OVC is doing in support of Tribal communities and I'm also aware that none of that work is possible without guidance from Tribal leaders. With your feedback, we are currently refining and improving our programs so that you have the resources you need to provide effective and compassionate services to crime victims in your communities. We are honored by your participation in this consultation, and we look forward to hearing from you and learning from your experiences. Thank you for the gift of your time today, for all that you do to serve crime victims in your communities.

LEBRETIA WHITE: Thank you so much, Director Rose, and Assistant Attorney General Solomon for your remarks and your ongoing support for the Office for Victims of Crime and all of the Department's Tribal grant programs. I really appreciate your remarks on this afternoon. 

At this time, I'm pleased to say we are honored to have 14 Tribal leaders and their designees registered to speak at this consultation over the 2-day period. As a reminder, if you are a Tribal leader or a Tribal leader designee, and you wish to give testimony, but have not registered to do so, we also welcome your participation. Please use the chat to type “testimony request” and give your name, Tribal affiliation, and title and you will be added to the queue of speakers. You can do this at any time during today's consultation. 

When it is your time to give testimony, your name will be announced, and your video and audio feeds will be live and unmuted. You can decide if you would like to have your video enabled while you speak. If you don't wish to have your video enabled, that is perfectly fine. We will unmute your audio and we will receive your audio testimony. We will ask that you restate your name, Tribal affiliation, and title as you begin your testimony. If you are a Tribal leader's designee, then we ask that you also say the name and title of the Tribal leader on whose behalf you are offering testimony today. 

Thank you for reconfirming this information for us so that we can include it in the record of this event. As a reminder, we also welcome written testimony from Tribal leaders. Please send your written testimony to us by February 28th, 2024, via email at [email protected]. My colleagues are putting the email address in the chat for you so that you can connect with us that way. Again, written testimonies are due February 28th, 2024. And I want to reiterate that if you have any technical difficulties understanding us speak, making yourself understood, using the features, please let us know. We have our chat in the Zoom so that we can help make sure that you are able to fully participate in the conversation this afternoon.

Only Tribal leaders and their designees will be called to testify and we plan to host a listening session at a later date for any attendees who would like to otherwise share. Written testimony is reviewed by the Tribal Division of Office for Victims of Crime for those providing oral testimony and presentations, and as well for those who solely submit written testimony. 

At this time, we will now open the consultation for testimony. Our first speaker today will be Dr. Juana Majel Dixon, a Tribal Legislative Councilmember of the Pauma Yuima Band of Luiseno Indians. Dr. Juana Majel Dixon once again, welcome. You have the testimony floor. You can now unmute your line. Please begin your testimony when you are ready by repeating your name, Tribal affiliation, and title.

JUANA MAJEL DIXON: I don't know if you can hear me. We are having a bit of a breakdown in here. I may have to just wait a minute or two if someone could go before me. Are you hearing me?

LEBRETIA WHITE: We can hear you, yes.

JUANA MAJEL DIXON: I was trying to figure out what was going on because I can't hear you.

LEBRETIA WHITE: Okay. Let's see. We can potentially go to the next person who will be giving testimony today and give Dr. Majel Dixon an opportunity to adjust her audio and video. Okay. So at this time, we will hear from James Stevens, Tribal administrator with the Native Village Atka. Mr. Stevens, are you ready?

KATHERINE DARKE SCHMITT: While Tribal administrator Stevens is prepped to go on live, we will take testimony from Tribal administrator Jose Villegas, from the Texas Band of Yaqui Indians. Administrator Villegas, when you are ready.

LEBRETIA WHITE: It appears that Mr. Stevens is on. I see you on camera. Are you ready? Okay. Please proceed.

JAMES STEVENS: Yes, I am. It does take about five seconds or more just to get connected over the system. So please take that in mind as other people are asked to testify.

My name is Jim Stevens. I'm Tribal administrator for the Native Village of Atka. Our Tribal president is named Crystal Dushkin. I want to talk about the challenges we have in constructing facilities for shelters for victims of crime. Our need for places for people to stay is paramount. We have very little housing available in Atka, we are 1,200 miles from Anchorage. Which is the equivalent of the distance between Houston, Texas and Washington, DC. 

The first challenge that we have in implementing this program is meeting the pre-engineering requirements within this program. You know, this whole notion of building or purchasing, shipping, and setting up modular homes adds to the cost of construction substantially. We have to ship our modular homes from Seattle. Those ships are only available twice a year. The deck space is at a premium on these ships. And so it adds, probably triples the shipping costs of sending modular homes. We would, we really would prefer to stick build or use panelized construction. But the delays of processing these requests could mean that we are going to miss the shipping dates for this coming year. 

We want to build on existing pads, grounds that have been prepared for homes for over, you know, 10 years. And yet, we are still required to hire a geotechnical engineer to come out at the cost of $15,000 to $20,000 to just look at, you know, kick the ground and say, “yeah, you can build here.” Then we have to have a foundation designed and approved which is going to add another $15,000 to $20,000 to the cost. This whole notion and requirements really disrespect the traditional building techniques that have served us for thousands of years. 

We are trying to implement a program, of culture with connectivity, which has been demonstrated to have a substantial impact on the recovery of victims of crime. And yet, we have to purchase and set up homes that do not reflect our culture or our needs. 

On top of all of that, you know, we are on hilly terrain, which means once any manufactured home arrives in Atka, we have to purchase additional equipment or rent equipment at additional cost to get it brought up to the site and set up on these foundations. So these are the issues that we have. And now we hear that our allocations going to be cut in half. You know, which doubles our challenges. 

I hope that we can make some modifications to this program that reflects the challenges we face up here in Alaska for modular homes and would allow us to -- I mean, don't even get me started on the increasing the weather durability of homes, you know, we are dealing with manufacturers that have no idea what it takes to build a home and live in Alaska. So, I would like this testimony to be taken into account so changes can be made to the way this program is administered. It is just really does not meet our needs. Thank you.

KATHERINE DARKE SCHMITT: Thank you for your testimony. We appreciate hearing from you and what does not work for you in trying to serve the Native Village of Atka. Dr. Majel Dixon, if you are ready and the audio line seems to work for you now, we will welcome you back to provide your testimony.

LEBRETIA WHITE: It looks as if she is still having technical challenges. So at this time, we will go to Tasha Mitchell, a senior manager at the Choctaw Nation of Oklahoma. Are you ready Ms. Mitchell?

TASHA MITCHELL: Hello. I'm ready. Can you hear me? Perfect. Hello, my name is Tasha Mitchell and I'm a member of the Choctaw Nation of Oklahoma where I currently serve as a senior manager for several DOJ funded victim service programs and today I'm speaking to you guys on behalf of the Chief, Gary Batton. 

So we just wanted to address the questions that were included in the framework. And so for question number one, how did OVC's administration of the TVSSA funds in FY 23 affect your victim services project? And was the amount of funding allocated to your Tribe sufficient to meet your project goals? The existing Choctaw Nation Tribal Victim Services programs dedicated to victims of intimate partner violence are experiencing demand for services that exceeds our resource availability. OVW funded programs, Project House and Project Empower, which provides victim advocacy transitional support services, et cetera, are maintaining an average waiting list of 12 clients per month for their services. Transitional housing, childcare, education and transportation assistance are among the most critical needs for our clients for successful outcomes within the impoverished region of our reservation. 

In addition, there are no Choctaw Nation programs that offer legal assistance to victims and programs that do offer these services within our state are located mainly in the Oklahoma City metro area which is not geographically accessible to most of victims in southeastern Oklahoma. 

The FY 23 TVSSA formula funding will allow Choctaw Nation to immediately address the combined 12 client per month waiting list from Project Empower and Project House. This funding will increase direct services to clients for transitional housing, utility assistance, childcare assistance, and legal assistance where existing program resources are depleted and/or the client's unique situation such as age, prior education, or work history, may prevent them from being eligible for other federal state or Tribal program resources. Research indicates that access to legal services can be a critical tool in helping victims escape from abusive relationships and that access to counsel has helped to decrease the number of victims by as much as 21 percent. With this funding, we will expand victim services to underserved Native American victims of intimate partner violence within the Choctaw Nation reservation. 

This funding will allow us to reduce our average monthly waiting list by at least 50 percent and provide additional advocacy, transportation assistance, transitional housing, childcare, and utility assistance to victims. It will also allow us to expand by offering legal assistance services to an annual average of 8 Native American victims of intimate partner violence. The amount of funding allocated to the Choctaw Nation of Oklahoma is sufficient to meet the project goals. 

Question two. Congress has not yet passed a budget for FY 24. The amount of the set-aside in the house and Senate is approximate $60 million. Which is $35 million less than the FY 23 set-aside. This will result in reduced award amounts for Tribes participating in the FY 24 TVSSA formula grant program. So the question is, what are your recommendations for establishing a minimum award amount? According to the chart provided by OVC in the framing paper, the minimum amount will be $125,000. Choctaw Nation does ask that OVC consider the cost of hiring experienced, empathetic staff to assist in delivering the services and assistance that our clients so desperately need. $125,000 is hardly enough to sustain a single position to carry out services, let alone provide services to 13 counties within our reservation. 

Question four. How would the reduced amount impact your crime victim services program? In FY 23, we were allocated $946,466. If the chart provided in the framing paper is accurate for FY 24 allocations, it will be a reduction of $446,000 for our Tribe. This would have a significantly negative impact on our program. It would cause a dreadful decrease in the number of victims that we will be able to provide services to as well as the type of services we will be able to offer. 

Question five, instead of determining awards through a population-based formula, should OVC divide the amount of available formula funding equally among all participating Tribes regardless of population size? Choctaw Nation does not agree with dividing funding equally regardless of the population size. We feel it would be unfair to Tribes such as our who have the third largest population in the nation. 

Question six, what, if any, other recommendations would Tribal leaders like OVC to consider regarding how to administer the FY 24 set-aside funds? Our only recommendation is that OVC continue to allocate funds depending on population.

Issue two, enhancing the application process. Question one. What questions, if any, does your Tribe have about the FY application process? We would appreciate a larger character limit and/or bigger text boxes within the PDF that contains the narrative justifications. At times we need more space to fully justify our answers. 

Question two, what strategies or enhancements should OVC consider implementing to provide more effective support and assistance to applicants to navigate the application process in FY 24? In answering questions in the questionnaire, it would be nice to have more explanation for some of the information requests or at the very least a link to the listed requirements or an email address so that we could speak directly with an OVC employee about some of the requests. 

Issue number three, improving the outcomes for projects including major renovation or construction. Question one. For those Tribes that currently have funds to support construction renovation or purchase of modular buildings, what, if any, challenges or implementation delays are you expensing with your project? This question was not applicable to us and nor was question two under issue three.

So moving on to issue number four, strengthening services for families of missing or murdered Indigenous persons. Did your Tribe use the 2023 funds to provide services for victims or survivors of MMIP? Our answer was no. And for question number two, what can OVC do to enhance our MMIP program policy and technical support provided to Tribal communities? and that was also not applicable to us. I would like to thank all of you there at OVC for allowing us to have our voices heard and I will leave you guys with that.

LEBRETIA WHITE: Thank you so much can Miss Mitchell. We appreciate your testimony on this afternoon. At this time, we will try once again to see if Dr. Majel Dixon is available and ready to provide her testimony.

JUANA MAJEL DIXON: Hello.

LEBRETIA WHITE: Yes, we can hear you.

JUANA MAJEL DIXON: Yay! I don't know if you can see me, though. I am trying to hit these buttons. I think there are Indian buttons and non-Indian buttons. Just kidding! All right. Thank you for your time. It is kind of uncomfortable to work out here in Indian country sometimes. We just don't have the same connections. Umm. I'm getting a note saying you cannot start your video. Is that important for me to know? Hello?

KATHERINE DARKE SCHMITT: We can hear your audio loud and clear. Please proceed if you can.

JUANA MAJEL DIXON: I'm not sure what to do with that. But I will go ahead and speak if that is all right with you. I asked Creator to be thoughtful of my words and mindful of the fact that I have a few minutes with you. I realized that if something comes to mind, you are allowing us to add additional comments. And I want to make sure that is true, right?

KATHERINE DARKE SCHMITT: Absolutely.

JUANA MAJEL DIXON: Okay, cool. The journey I have had has been one of those I was raised up in this world and to watch OVC and to watch DOJ grow and to watch the evolution of time with this. What our people are going through and listening to the words of our people who have spoken so far and I will be staying on and listening to the rest of you. There's history.  And I'm really pretty honest and straight up as you know. I have learned to value, as human beings, that there are political relationships and there are certain responsibilities that the U.S. has and as people who worked for the government. It is not the same as it is for us. And as a Tribal leader and a traditional Tribal leader and a sovereign, I govern my world through a sovereign position and a government-to-government relationship.

I try to minimize my footprints any way I can take that will impact negatively against another Tribe, which takes a lot of work considering we did not need an enemy years and years and years ago when I started as a young woman. And I was thinking, I was 17 at the time, tooling around with my mom, and the other aunties and uncles and grandparents and staff who taught us how to do this work and still doing, being raised up in it more or less, some of you have been chosen a long time ago by your people or Creator’s said “this is where you're going to walk now.” And this is where it has taken me. 

I'm not a person who is a prideful person. It hallows me to be here and speak to you. I spent most of my time on my Tribal lands, primarily because I guess I did this work too well to where I have legitimate death threats against me. And I knew our Attorney General and Deputy Attorney General when they were very young people under Janet Reno, and that is when my mother was in leadership, and to watch them grow and come to this and work with you, Katherine, is extraordinary. 

So knowing that and others who have come through this, serving on the Tribal Justice Advisory group was the very first thing we ever did as boots on the ground Tribal leadership and reported to the Office of Justice Programs regarding the different focus for funding. It is kind of just concerning as you should know this was done in 2007. Also in that journey, OVW passes in 2005 we created additionally a group equipped to collect data and information so to do a better job. And this is 2024. And they are celebrating this relationship with the accomplishment of this report finally coming out. We are looking at 21 years later and or 19 years, I guess. 2025 will make it 20. And being a part of something that got started and not included and then be informed that this is going to happen, it is just going to happen without you. That, I say that only because no one in this call goes out to do harm.

There's a political consequence of working for the federal government and the turnover that occurs. But it is not for us. It is a different world with every member of Congress is our representative. That is an entirely different world. And when you consider our world with you, we are in a different world than you are with others that you fund. To have OVC -- to have them even consider this. Out of this 2007 report, we met with OJP and the A.G.'s office and the OVC directors. At that time it was Joy Faust, who is gone now but requested a set-aside fund for Tribal crime victims through VOCA and OJP initially attempted a $20 million set-aside that did not get beyond the Department. Now, later on, it was not until, and I think, Katie or Katherine Sullivan had a consultation in that I saw the true progress began. 

But to know that is also consider is still not considered that we are new to this process and needed significant technical assistance in order to apply in the programs. We are still here today. As you know, with JustGrants, I'm a Tribal leader and I have experience in doing this work over time, you acquire it. Even those who are veterans of being able to do this work, that JustGrants model is like somebody's death wish to not only the Tribal side but the federal side. I'm going to say it. I will tell you like it is because I'm up in it. And it – is like riding one pony and the pony throws you and they don't give you another one for a while and you’re on foot. You know. That is an Indian reference. I'm sure most of you got it. 

But it was not until much later that we began to realize that we needed to share the load, you know. That if my pony threw me, that you pick me up with yours. And vice versa. But in considering this relationship the process that needed significant technical assistance in order to apply and implement the programs. That is still self-evident today and to mitigate that is going to be important to do to achieve that we set out to do now. 

And as VOCA requires cooperation of the U.S. USAs to collect fines and fees and penalties, you also have a Tribal version of that that needs to be considered in the whole plethora of with that is but not limiting to this and I know that your relatives that are careerists on the federal side, know that had we not done the Not Invisible Act with all the players at the table, we began to see how it rippled across our journey and that time of the value of the us of us in this, the We of Us in the journey. Same thing has to be done here. And I remember when this was done that VOCA requires the cooperation, right? And we had a meeting with Merrick probably a month ago. That is where this began to blossom into a more robust discussion of the We of Us. Which I think is what is happening here.

I don't want to reinvent the wheel. You know, I describe the process successful in implementing during the self-governance, demonstration project of 1994. Further in the statutory process that was set out in 2018. Now, many of the leadership that has had the staying power of doing the work they do know of these things and some of them are maybe learning about them for the first time. But when you’re a Tribal sovereign and you're doing this work, these don't go away. These reporting processes and what they collect. They are part of our journey with you and we know them. So we take the time to educate the administrators so that they can be there with us. When I think about it, my recommendations to you is that the process will become a DOJ order. And that is important because that is kind of like where the world you govern yourselves from where we understand that when our Tribal councils or our Tribal leadership or our judicial councils, when our people make that decision, it is where it comes from and this has to be a DOJ order. 

I said so very aggressively and strongly to the Department of Justice as well with the Attorney General. To make them understand along with the DAG and also a strong recommendation that right next to AAG, the associate Deputy, that we also include a Tribal version of that. It just seems logical. But it is not. A political appointee does not work in Indian country as well as somebody who is there. A workgroup called the OVC joint allocation methodology group. And it was OVC JAMA, I love the way we do those acronyms, you know? We just come up with a whole other language. But it should be convened again and adopted preliminary procedures to select and recommend that methodology to each category for crime victims. Only because I commend OVC during our work to prepare this year with Missing and Murdered. And that was essential of the growth in the aha’s we got in our journey and not only that trust responsibility but the wherewithal to look at it and see how it was possible. 

And when I went and look at the stats and I went to ARJIS. I had the system data on that and I can give that to you, I still have the measure in which Tribes themselves contributed to existing design and what is OVC. Right? And as well as the stuff with VOCA. When I look at this point and I don't want too get lost in my own thinking. How we would reach consistently with this, recommend that methodology that as we included with our OVC Director and our OJP associate attorney general, I think we have this opinion allowed it to be submitted with the voices and objections to those things that cannot summarily and be put in as well as rule of thumb or that kind of anything. But that it be done in this collective manner that we did do where everyone is spent a lot of time doing this together. Let's build on it so if not OVC, if we emphasize the OVC recommendations, are final for Tribes, the Tribal Nations leadership Council, and the OVC and DOJ to work at the final decision to be discussed by Tribal leaders in keeping with the government-to-government relationship between Tribes and the United States.

Which we are doing now and measured. And as we grow, we can see how we build on what you need today to be more robust in that it is inclusive that all those who are dealing with these particular concerns and issues and priorities of the Tribes, that they do it collectively. And as you know, that is occurring with want Secretary Haaland wants to do in terms of funding. And collaborating, bringing the models together. Which is why I commend you for doing what you did and making that happen, anticipating the We of Us now in addressing that. When I look at also at the fact that OVC factors to determine allocation and could consider Tribal population, number of Tribes, the land base, the bandwidth, the number of facilities, historical allocations, behavioral health, crime statistics, equipment, workload, and population. 

We are impacted by everyone around us to do a measure of that for themselves. When we are not included, that measure they do, we become invisible. We being Tribal. We being impacted by all that and knowing that and you know this well in the work we have done to talk to Homeland Security, where I am in my world and those who are along the borders, the northern states and southern and coastal our Pacific rim as well as the Western rim. You have to consider the impact of what that has on us. 

When I look at also than the issue of the relocation that is not an easily solved problem. It significantly impacts Tribes no matter what method is selected. Therefore, we believe that DOJ should select a Tribal leader, as I was saying earlier to make sure that we have also the -- sorry, that we have a DOJ order that supports this and that we select a Tribal leader from each of the 12 Bureau of Indian Affairs regions because it is something that has been set up and so Tribes have learned to work with.

And do that in such a manner so that the -- we consider, I guess, the 12 regions, our Tribal leaders selected over to look for other regions could collectively represent the small and large Tribes, direct contact with compact Tribes and under 93-638 and Tribes within states that exercise Public Law 280. Jurisdiction, knowing that that could be varied and if we don't take the time and I will do it with you while I can still make that happen and I will be there with you to make sure we have an understanding and clarity because the decisions we make impacts us so. And OVC JAMA also called upon the state based MMIW/MMIP task force and Tribal MMIW/MMIP coalitions, urban groups and state legislatures, subject matter experts in their field of jurisdiction and mental health. 

So that we use our subject matter expertise from not only all those that you know that you have shared with us and who we have shared with you. That we continue in that model because Creator gave them that mind, body, spirit gift. That we have to do it collectively. We don't get to pick and choose because the measure in which we might be determined the healer would not necessarily have a degree. I am so non-Indian academically on paper that often when I walk in the room they get kind of surprised at what I look like, okay? And I just kind of roll with it because, they don't expect that. But I had to do that in order to be considered to be taken seriously. Consider that, too, in the matter to them and we present to you an elder spiritual healer and things like that, that we do from our different Tribal perspective, it is done with an really open heart and graciousness to trust this relationship with you in such a manner that we will do so.

As we work on these things, on our relatives, we did not setup the relocation. We do not set up the boarding schools. I'm dealing the situation right now that I don't even know if you know what to do with it. Is the fact that we have elders in their 80’s and 90’s who are going through that memory loss. Where they go to is when they were young girls in the boarding school. Where is that taking them? What are they remembering? And to know that their youth is based on it, and it was pretty intense during those times. I remember as a survivor of that. But it is like what was done. And so the healthcare workers that would be in those systems to help them don't know that history because it is not written in the books you learn from. 

How do we incorporate that? When we realize the wellness of our people working with OVC and VOCA. When I consider the fact that TNLC, the Tribal Nations Leadership Council, called upon OVC, called upon TNLC advice and assistance committee meetings, developing agendas, reaching across several federal agencies that touch Tribal societies and communities, justice, safety and wellness to identify the federal SMEs from these agencies to participate. A minimum of one federal, one Tribal co-chair to be selected for the OVC JAMA. Only because that collective thing we do, you know, we have essentially the same client base and the same population. So logic tells you that you would include the We of Us with the We of You. And I just assumed that you all are getting We of Us and the We of You. And we recommend that OVC wants this working group for a minimum of six-month period that the OVC -- I'm sorry, I took a swallow a little bit off here. 

But the Tribal Justices Advisory Group (TJAG) but, in a look at the JAMA issue the state based as well players in urban-based and when we launch this, we charge a complete report to complete the report for a series of meetings for representation of the TNLC, the Attorney General, Deputy Attorney General, the Attorney General within 90 days after the six months. Member shall serve voluntarily, with no compensation. All Tribal associates would be coming from nonfederal members. Federal members will be subject to the economy apps. That essentially is part of that, you know? In our work. And so when you consider that as sovereigns working with you, I know I can talk to other sovereigns and say that we're doing this for our people. How do we collaborate?

The ideas that we know there is not enough money in the systems to accommodate and you can't just come up with a model that shoots for the best one with the best need, it is so bad with or without your money we have to fight this fight. We have to take care what we have to take good care of. And if by chance we get the money, we have to educate our people to a good job with it but when you consider working in these conversations I had with the Attorney General, you have a team of Tribal leaders in both systems that make with the leadership to work with you and considering what you did on our behalf and in your journey out in my world and other Tribal worlds that our nations across Indian country and Alaska will benefit.

And our people already know that you can't take care of us all, even though it is part of the trust responsibility. We have done everything as honorably and as graciously as we can to not take us down that road. Because it is a breach of trust by not providing this. And when you consider what we have with only 1.9 survive any kind of wellness that goes through OVC under the Tribal collection of data and the fact that we were hit so aggressively and strongly with the borders that if the trilaterals work to our benefit, then let that work as well. 

I have so many things I want to share with you and talk to you about. But I want to be respectful of the others that are on this call because when I consider those who come to a table that if we were to consider who would be in this conversation, there are so many, when I looked at your predecessors to DOJ and DOI, you have, you know, you have Dorothy Dupree, who is retired from HHS and CMS Senior advisory with Tribal affairs, and Cliff Wiggins who is retired former HHS IHS system of analysis, you have Craig Vanderwagen who is also a former HHS Assistant Secretary of Emergency Preparedness and you have, Eric Broderick, a Deputy Administrator for the HHS SAMHSA, Deputy Director as well. You have Eugenia Tyner-Dawson, you have Cindy Ferguson. Cynthia Ferguson a consult and former JAMA Tribal co-chair. So you have players that, who have subject matter expertise, who have, has been in there and did this work and done these reports for you, a while ago that that does not matter in Indian country. We don't measure time in the same way. It is not an old report if nothing was done with the goodness of that report. So I thank you. And thank you so much for letting me speak to you. I'm sure there's questions and things but I dearly would love to hear the rest of you speak and I thank you for giving me this moment. If something comes to mind, I will text you or send it in writing. Thank you.

KATHERINE DARKE SCHMITT: Thank you Dr. Majel Dixon, we are always grateful for what you share with us and if you wish to continue sharing with us through other means, we welcome that as well. We are going to invite President Charles-Smith of Dot Lake Village to take the podium next. Following President Charles-Smith’s testimony there will be a 10-minute break so that everyone can stretch and refill their water cups or their coffee cups and then we will resume on the other side. But for right now, President Charles-Smith, if you are ready, the floor is yours.

TRACY CHARLES-SMITH: [Speaking native language] Thank you for having me today. My name is Tracy Charles-Smith, I am the president of the Dot Lake Village. We are very grateful and very thankful for the funding we have received. Our Tribe wants to make a difference. We work very hard, you know, Alaska, as many Tribes has the highest rates of MMIW, MMIP, domestic violence, sexual assault. So we are very grateful. And TeeJuh is our behavioral health program, the Athabascan word for love and compassion. 

So in 2023, the TeeJuh behavioral health program has had numerous successes. We added a part-time therapist to eliminate the need for contracting with a behavioral health company. Our funds allowed us to bring this therapist on part-time, and to hire victim service case worker advocates to work with our victims to ensure they are receiving the care that is needed to begin the healing process.

With that being said, we recognize the colonized mindset that we have been led to believe in how we should heal and begin the healing process. So we have four elders that guide or move to make sure that we are reaching out and bringing our culture into all of these services. Our program saw many advances in 2023. We added group education for the victims of domestic violence. We used the mindful women's workbook tailored culturally and we host weekly in-person educational classes for victims of domestic violence. We are planning online weekly education courses that gives us the ability to reach more victims and offer these educational services wherever victims are located and we know that victims are often in remote, inaccessible places in our state. 

Our funding gives us the flexibility to identify a need, to come up with a solution, to implement a program that gives our people the access to the tools they need. Our online class started the second week of January of this year. And we have identified that we need more than one class. Our village has been through so much trauma in the past. But we are striving to climb back to the strong, proud people, that believe in our community and believe in our culture. We held our first culture camp in 15 years this past summer. Our whole TeeJuh staff were on hand and played pivotal roles in being there to assist any participants that were triggered by some of the topics. While we were there, we received reports of teenage girls being trafficked in a nearby community. And thanks to availability of TeeJuh staff, we knew what to do and we all work together. Over the past year, we have seen a significant increase in our activities. In 2020, we logged only 64 outreach contacts during the entire year. By the end of 2023, we logged 422 individual and group contacts in our region. 

Our behavioral health services have also seen a significant increase. We continue to try to find providers. We operate two safehouses in the village. We provide emergency housing to individuals that may need assistance outside of the village. In the past year, we provided emergency housing to a client that has been a long-time victim of domestic violence and suffers from substance abuse disorders and behavioral health issues. These violent crimes of sexual assault render our victims disabled to the point where they can barely function, and they often use drugs and alcohol to self-medicate. 

Our staff is committed to helping. So, as we continue to grow funding is based on the population certificate. Our population of our Tribe is 133 and as you have seen, we have 400+ plus encounters. We have so many people reaching out. And how can we say no to those who are at the most vulnerable saying, “please help me,” regardless of wherever they are. We cannot say no to our brother and sister Tribes in Alaska. 

So, we recognize that we must bring our culture into providing services and strengthening our people and recognizing the colonized mindset when they are inflicted upon us. We rely heavily on our partners, Alaska Native Women's Resource Center to help us in whatever it maybe. And it seems like you know, we make such strides in fighting back against these horrible statistics and these mindsets that treat our people like garbage. Garbage to be thrown away, issues all over the place. Public safety, you name it. And then as we are making some sort of process, a mining operation starts 47 miles south of us. Threats to our food sources, our clean water, or Public Safety, man camps. 

We have already seen prices go up in everything. Housing shortages. So, you know, I think the population certification and basing funding just on a small Tribe's population when they are serving the wounded should be changed. The planned programs we have upcoming are batterers intervention program, at risk youth program, additional programs, sexual assault response team, and law enforcement services to enhance VAWA Tribal court. 

And, in a, I could go on and on. But you know we can't keep layering the trauma on. We have to look back into our culture and find how it worked before. What made us strong? Let's go back to our culture. And we are very thankful for the funds we receive and thank you.

LEBRETIA WHITE: Thank you so much, Ms. Charles-Smith, for your testimony on behalf of Dot Lake. We appreciate your participation on the consultation today. At this time, as Katherine Darke Schmitt mentioned, we will move into a 10 minute break. It is now 2:28. So if everyone can return within the next 10 minutes, which should be 2:38. We will just say 2:40, okay, so everyone can return at 2:40. Thank you.

LEBRETIA WHITE: Okay, I would like to welcome everyone back from the break. Hopefully you were able to address any of your personal needs during the time. So we will now reopen the consultation for testimony. As a reminder, if you are a Tribal leader or Tribal leader designees and you wish to give testimony, but have registered to do so, we also welcome your participation. You can use the chat. Type “testimony request”. And please give your name, Tribal affiliation, and title. You will be added to the queue of speakers. And you can do this at any time during today's consultation. And as a reminder, our consultation will run through 3:30 p.m. on today. All right.

And we will say once your mic is unmuted again, for you to render your testimony. Please remember to restate your name, Tribal affiliation, and title. Our next speaker for today will be chairman Darrell Seki from the Red Lake Band of Chippewa Indians. Again, Darrell Seki from the Red Lake Band of Chippewa Indians, welcome Chairman Seki. You can now unmute line as well as well as share your video. Please begin your testimony when you are ready by repeating your name, Tribal affiliation, and your title.

DARRELL SEKI: Hello, can you hear me?

LEBRETIA WHITE: Yes, I can hear you.

DARRELL SEKI: Okay. [Speaking in native language] The previous speakers, we have the same issues that they have on our reservation. There are two issues I will be speaking about. Number one, the administration of the Tribal formula grant program. For FY 24, you should keep the population-based allocation formula. Which is driven by Tribal-self certification of population. Tribes ask for this at the beginning of the program to make the process less competitive and ensuring equity among Tribes. 

Also, the framing paper indicates 80 percent of the funds are being distributed to Tribes, 20 percent used by OVC to support Tribes with implementing their victim services program. 20 percent is too high. I recommend 90 percent of available funds to be distributed directly to Tribes but no more than 10 percent used for support, especially considering the reduced amount of funding in 2024.

Issue number two. Enhancing the 2024 TVSSA application process. During initial consultation and establishing the Tribal set-aside program, Tribes requested the funds be distributed directly to them by equitable formula each year rather than having to go through an annual grant application process. We told OVC back then having to submit the new application each year with each grant project period spanning several years would soon overwhelm Tribes, impair our ability to focus time and dollars on assisting crime victims. From your 2022 report, we can see that what we projected to happen is happening. 

Tribes are being overwhelmed by trying to manage the multi-year grants and have to reapply every year, so some Tribes are not reapplying because of that paperwork burden. Tribes need these funds and can expand them. But the annual application process is too complicated for many Tribes. We again call OVC to do away with the annual grant application process and instead distribute the funds directly to Tribes each year. For these Tribes that have crime victim services programs. And lastly thank you for allowing me to say a few words being here.

LEBRETIA WHITE: Thank you so much, Chairman Seki. We appreciate your testimony on today. Let's see. One second. Okay. Let's see who will be our next testimony presenter. Waiting for -- if you can bear with me.

KATHERINE DARKE SCHMITT: LeBretia, we may have reached the end of Tribal leaders and designees who have requested to give testimony today. Dr. Majel Dixon, if you're still in the group, and I believe you are, I wonder if you would be willing to offer a blessing or a prayer to close us out for today. Before or while we identified whether Juana is situated to do that, LeBretia, you may have closing remarks or discussions.

LEBRETIA WHITE: Absolutely. Thank you so much. I appreciate that. So I want to say thank you to all of the participants for today. We really appreciate your participation in today's consultation again, it is a two-day consultation to be reminded of that. So we will resume again tomorrow at 1 p.m. At this time, I know that Katherine had requested if Dr. Majel Dixon was available at this time to give us our traditional closing while we wait for her, we can ask if -- we will ask if there are any persons who have already rendered testimony on today. If you have any additional comments or remarks that you would like to add to your testimony, we can allow a few minutes for that. So if you can alert us to whether or not you would like to again address those persons that are on today's consultation, feel free to let us know. So we will wait just a few seconds for responses there. 

Again, thank you to everyone who provided testimony. We definitely have taken good notes and appreciate your thoughtfulness and what you have shared with us. So okay. All right. Since we are not hearing from anyone. Okay. And what we will do now is move to our closing for today. I'm going to ask once again if Dr. Majel Dixon is available to render our closing to provide our closing. Okay. All right. So what we will do at this time is go ahead and close out for today. We did -- we were able to have a wonderful prayer rendered and words from Dr. Majel Dixon for our opening. And definitely appreciate that. She may be –and there she is. All right.

KATHERINE DARKE SCHMITT: Thank you, Juana. we are ready for you when you are ready. Thank you very much.

JUANA MAJEL DIXON: I just drew a blank. I don't see anybody there. Where are we now? I'm trying to figure out.

KATHERINE DARKE SCHMITT: I'm so sorry, Juana. Here I am. Here’s my face back. We are ready, either for further remarks from you in the testimony vein, should you choose or if you are willing to give as a traditional prayer or blessing to close this afternoon's session.

JUANA MAJEL DIXON: Not a problem. I was just try to figure out what happened to my face. You know, it is crazy what you're doing this work and I think I can see myself. I don't know if you see me or not. But, you know, I have to tell you, listening to their relatives on the call, well, there, I am. There's so many pieces about what we have to do and I commend you as staff and the team that you are because this is a new field direction that you have chosen to go. Yes, VOCA has been around, but the matter in which we navigate this, the relatives that benefit from this and you know there's so much more that needs to be done. 

The first steps of righting a pretty horrible, horrific wrong, you know, and so knowing that and hearing the rest of the words you gave today, I want each of you to go in a humble manner. I want you to think around you Creators' arms, Creator's thoughts, Creator's gifts that arrived in your world today. When I think about that, I was having a great time getting my day going. And who should come running at me and slipped the rug around me was my cat. And there I was, suddenly skip dancing the cat dance with my cat and I’ve never owned a cat, I don’t think what cats do but I am doing the cat dance. And I said, Creator, what is up with that? And it is okay. It is all right to have a straight on conversation with Creator. And say Creator, oh, no, you did not there, Creator, oh, there it is. No, I wasn't listening but no, I was not paying attention. I get it. Be quiet. Observe. You don't have to have an opinion about everything . So Creator does that every day. 

We have so many gifts that come to us. In our mind, body, and spirit that we have in our traveled world and our relatives in this call have come to learn and know. I celebrate the work you come from and I know Creator is there. Sometimes I can sit on Creator's palm and dangle my feet. Other times, I get to have Creator's side-by-side with me. So I humbly ask that you take this day and the gift of your words and read them out and let them go and surround yourself with the love of your heart, mind and spirit so that you can be all that you need to be for your people and yourself. All my relations.

LEBRETIA WHITE: Thank you once again, Dr. Majel Dixon. We really appreciate you providing that inspirational closing for today, your presentation that was shared earlier as well. Again to all that provided testimonies on behalf of your Tribes. We definitely are grateful for your participation.

KATHERINE DARKE SCHMITT: LeBretia, as these things sometimes happen, it look like we may have had a Tribal leader joining us at the end. If it is alright with you, I would like to open the floor again to provide Delegate Amber Crotty from the Navajo Nation time to provide testimony. So I'm not sure – I don’t know if you can facilitate this or not. But if we do have Delegate Crotty with us, we would certainly want to provide her time this afternoon. Thank you for that note. Alright, I understand the delegate maybe in the office with or using Mr. Villegas' Zoom profile. So if that is the case, could our T-VSTTA colleague allow that line to be unmuted so, that Delegate Crotty can offer her testimony?

AMBER CROTTY: Are you able to hear me?

KATHERINE DARKE SCHMITT: We do. Thank you so much. Please continue.

AMBER CROTTY: Perfect. Tribal leaders and Federal partners. My name is Amber Kanazbah Crotty. I'm honored to speak before you today as a delegate for the 25th Navajo Nation Counsel. I come before you to discuss the profound impact of the administration of Tribal Victim Services Set-Aside funds have had on the Navajo Nation. And to offer recommendations on how to ensure these funds continue to support the critical needs of victims, crime victims within our community. 

In Fiscal Year 2023 – I am able to turn on my video if José will allow. In Fiscal Year 2023, the Navajo Nation experienced a sharp decrease in TVSSA funds amounting to $2,101,695, less than the prior year. This significant cut threatened the very fabric of our victim services and the staff who work tirelessly to offer support to those in need. Last year, our victim advocacy services served over 988 clients with a total of just over 24,000 services provided. We helped with 905 crisis calls and assisted with over a thousand protection orders. Furthermore, although we were able to cover the gaps for the upcoming Fiscal Year 2023, the unpredictability and insufficiency of funding year to year poses a grave threat to the sustainability of these essential services. The proposed set-aside amount of $60 million for Fiscal Year 2024 which is $35 million less than prior year’s set-aside, would result in a devastating 40 percent reduction in award amounts for Tribes.

For the Navajo Nation, this reduction is not only unacceptable, but it is also in direct conflict with the trust responsibility and treaty obligations that the federal government has to our people. As set forth in the Treaty of 1868 including the Bad Man clause mandating justice for wrongs committed against Navajos. Our recommendations for establishing a minimum award amount includes adopting a revised allocation formula that accounts for the population’s land-based and rurality of each Tribe. The current formula does not adequately consider the unique code to the rural, geographically isolated communities like ours. 

By considering these factors, we can ensure a more equitable distribution of TVSSA resources and allow us to better support crime victim in the most unserved areas. The proposed reduction in the funding for Fiscal Year 2024 will severely impact our ability to provide consistent services and retain qualified staff. Our 21 advocates across the three states would be at risk jeopardizing the critical support we offer which includes 24-hour hotlines and crisis response. Equally distributing funds among all participating Tribes as suggested would disproportionately harm larger Tribes like the Navajo Nation which have developed extensive victim service programs based on the expectation of funding with the needs and population size.

Furthermore, to enhance the TVSSA application process in Fiscal Year 2024, we recommend that OVC consider a more thorough clarification process when multiple applications are submitted from within the same Tribal nation. This will ensure that the entity's best equipped to administer the funds are the ones receiving them particularly when prior awardees are at risk of not receiving funds. When addressing the issue of major renovations of construction, it is imperative to acknowledge that while these are vital components of a comprehensive victim service program, the Navajo Nation has found it financially imprudent to pursue such projects given to current funding levels. The lack of sufficient funding means that the Navajo Nation cannot afford to embark on construction projects that would establish or improve permanent facilities such as shelters, counseling centers, or services for victims. This limitation directly impacts our ability to serve the victims efficiently. 

Without proper facilities, services are often delivered in less than ideal conditions which can further traumatize victims and impede their recovery. Victims of crime require a safe, confidential, and healing environment to receive services. And without the ability to fund construction or major renovations the Navajo Nation is unable to provide spaces that fully meet these needs. The lack of dedicated purpose built facilities also hamper our ability to attract and retain skilled professionals who are essential to delivering high quality services. As the chair of the Navajo Nation Missing and Murdered Indigenous Relatives task force and Not Invisible Act commissioner, the crisis of missing and murdered Indigenous persons is a dire issue that the Navajo nation faces with increased urgency.

For the victims of MMIP, who thankfully returned home and seek support, we provide services on par with those offered to other victims. However, the scope and scale of the MMIP crisis requires us to enhance our program policy and technical support provided to Tribal communities. Currently, the Navajo Nation has approximately 163 missing persons on the FBI's listing. One of the greatest needs to support Tribal communities in the situation of a missing or murdered Tribal member is a provision of supportive services for the families of the victims. When a loved one goes missing or is murdered, the family experiences profound trauma, often compounded by the systemic challenges in seeking justice and support. The pain and suffering inflicted upon these families are immense and that require specialized services to navigate their grief, legal complexities, and the Pursuit of Justice. 

Enabling TVSSA funds to support families in their grief would significantly enhance our community's capacity to response to these crises. This would include the provision of counseling services, legal assistance and other forms of support that are critical during such devastating terms. Expanding the scope of TVSSA to include the services would not only provide much-needed relief to families but also a step towards addressing the broader issues surrounding MMIP. In light of these issues, we offer the following recommendations. 

One, to ensure the sustainability of our victim service programs, we strongly advocate for a stable sufficient funding reflecting the federal government’s trust responsibility and the vital needs of the Navajo Nation. 

Two, we propose the development of a specific funding stream within the TVSSA dedicated to construction and major renovation projects allowing Tribes to create and maintain facilities that are conducive to the healing and supportive of victim services. 

Three, in light of the MMIP crisis, we urge the expansion of TVSSA funding scope to explicitly include support services for families of missing or murdered Indigenous persons. The scope should encompass not only immediate crisis interventions but also long-term support mechanisms such as grief counseling, legal advocacy, and community-based healing programs tailored to the cultural context of each Tribe. It is essential to recognize the lasting impacts on families and the community at large when a loved one goes missing or murdered. The trauma does not vanish with the resolution of a case. It lingers affecting generations. And our response must be equally enduring and comprehensive. 

Four, we recommend establishing a dedicated MMIP coordinator within the TVSSA program to ensure focus attention on the crisis and facilitate coordination among Tribal, federal, and state agencies. This coordinator would play a pivotal role in bridging the gaps in communications, streamlining support services and advocating for families at the highest level of government. 

The TVSSA program, I'm sorry, five, the TVSSA program to provide technical assistance and capacity building resources specifically designed to help Tribes develop and implement policy and procedures for addressing MMIP cases. This should include training for law enforcement, victim advocates, and community members on culturally sensitive approaches to supporting victims and families. 

Six, we suggest that TVSSA funding include provisions to support community-based efforts to raise awareness about MMIP issues and to prevent further tragedies. This includes educational programs, community watches, and the development of a rapid response protocol when someone is reported missing. 

In closing, I wish to reiterate the Navajo Nation's commitment to working collaboratively with the OVC and Congress to address these pressing issues. The TVSSA funding is more than a financial resource. It is a lifeline for victims of crimes and their families. We look ahead to Fiscal Year 2024 and beyond. We must make every effort to ensure that these funds are allocated in a way that honors our sacred trust obligations, respects the sovereignty of Tribal Nations, and most importantly provides justice and healing for the victims we are all here to serve. Your consideration of these recommendations is not only appreciated, but it is also crucial to the well-being of our people and your commitment to them. Thank you for your attention on these matters and for your dedication to safety and well served all Indigenous communities. The Navajo Nation will follow up with written comments. [Speaking native language] Thank you very much.

LEBRETIA WHITE: And thank you so much. We appreciate your testimony, Delegate Crotty, as well as other testimonies that were shared on today. Again, thank you Dr. Majel Dixon for closing us out with the traditional closing. And we appreciate the inspirational message that you provided for us.

Thank you, everyone, for attending. This concludes day one of the FY 24 Consultation on the Tribal Victim Services Set-Aside program from the Crime Victims Fund.

Have a wonderful remainder of your day. And please be reminded that we will resume day two of our consultation on tomorrow at 1:00 p.m. We look forward to hearing additional testimonies on tomorrow. And again, have a wonderful remainder of your day and take good care. We will see you on tomorrow.