Tribal Lands - National Native American Law Enforcement Association by wuzhenguang


									 National Native American
Law Enforcement Association

"Tribal Lands Homeland Security Report”
       “Tribal Lands Homeland Security Summit”
    at NNALEA’s 10th Annual Training Conference
                  October 22-24, 2002
                                    THE NATIONAL NATIVE AME

                                    LAW ENFORCEMENT ASSOCIA

                                                                                    Washington, DC
                                                                                    February 12, 2003

                                                                 and Friends:
                              d Security Summit Attendee
Dear Tribal Lands Homelan
                                                                                      the National Native
                                                        marizes the proceedings of
We are honored to     share this report, which sum                                               Summit.”
                                                                   l Lands Homeland Security
                                As sociation’s (NNALEA) “Triba
American Law Enforcement
                                                                                  tive tribes. The Summit
                                                   erican Indian and Alaska Na
Vital homeland    security issues confront Am                                              ue amongst a
                                                            inning of an ongoing dialog
and this report are import   ant first steps and the beg
                                                                                    ning the vital homeland
                                                    es and organizations, concer
wide variety of  interested individuals, agenci                                                ALEA, encour-
                                                              ska Native tribes. We, at NN
                               nt American Indian and Ala
security issues that confro                                                   tact with those you met at
                                                mend that you stay in con
 age this dialog ue to continue. We recom                                re your insights.
                                       Summit” and continue to sha
 “Triba l Lands Homeland Security
                                                                                                       al lands
                                                                       security of Indian people, trib
                                 ter of tribal efforts to ensure the
 NNALEA is a strong suppor                                ue to provide Native Americ
                                                                                          ans with high quality
  and resources, and Am    erica. NNALEA will contin
                                                                            and technical assistance.
                                            homeland security training
  law enforc ement, first responder and
                                                                                     ments to stand “shoulder
                                                       responsibilities and commit
  Thank you for tak  ing the time from your many                                                  sharing of
                                                                   . Your participation and the
                                   in defense of our homelands
   to shoulder” with NNALEA                                                              Summit a success and
                                                        hments, and ideas made the
   your enthusiasm,    knowledge, plans, accomplis
                                  eland secure for our future
   will make our national hom

   Sincerely yours,

   David Nicholas,

                                                                                                       hington, DC   20004
                                                                             ia Avenue Suite 700 • Was
                                                  de Center • 300 Pennsylvan
        Ronald Reagan Building, International Tra                204-3066 • www.nnale
                                    (202) 204-3065 • Fax (202)
                                             THANKS TO:
                 Senator Ben Nighthorse Campbell for serving as keynote speaker and a
                   legislative voice for Native American homeland security, to all the
              attendees who helped develop this “Homeland Security” Report, and to our:

               Indian Country “Homeland Security” Summit Sponsors
                    Department of Justice                              Bureau of Indian Affairs
               Community Oriented Policing Services              Office of Law Enforcement Services
                    Mr. Carl Peed, Director                          Mr. Robert Ecoffey, Director

                                     NNALEA Executive Board
                     Dave Nicholas, President                  Daryl Davis, Immediate Past President
                 Peter Maybee, 1st Vice President                       Gary Edwards, CEO
                 Dewey Webb, 2nd Vice President                          Jim Wooten, CFO
                Kim Kraft-Baglio, Sergeant-at-Arms

                                           Keynote Speakers
                Senator Ben Nighthorse Campbell                          Jacqueline Johnson1
                  Chairman, Senate Committee                         Executive Director, National
                        On Indian Affairs                           Congress of American Indians

                          Neal McCaleb                                   Thomas Heffelfinger
                Assistant Secretary (Indian Affairs)                 U.S. Attorney for Minnesota
                    Department of the Interior                             Chair, AG-NAIS

                                         Other Key Speakers
    R. Perry Beaver                            Michael Brown                                     Robert Ecoffey
    Principal Chief                        Undersecretary for EP&R                             Director, BIA–OLES
Muscogee (Creek) Nation                Department of Homeland Security                      Department of the Interior

      Peter Bergin                             Bradley Buckles                                  Sharee Freeman
Assistant Secretary–BDS                         Director, BATF                                   Director, CRS
 Department of State                   Department of Homeland Security                        Department of Justice

  Daniel G. Bogden                             Robbie Callaway                                   Alan Mandell
United States Attorney                       Senior Vice President                                 Chairman
   State of Nevada                       Boys & Girls Clubs of America                      Pyramid Lake Paiute Tribe

   Gregg Bourland                            Gustavo De La Vina                                     Carl Peed
   Tribal Chairman                         Chief, U.S. Border Patrol                             Director, COPS
 Cheyenne River Sioux                  Department of Homeland Security                        Department of Justice

                                                    Page iii
                                                     NNALEA 2002
                                         Tribal Lands Homeland Security Report
(many thanks, continued)

                                     Distinguished Guest Speakers
            John Allen                        Dr. Joseph Hessbrook                     Linda Mason
        Union Pacific Railway                         FEMA                           State of Arizona

          Andy Ballenger                         Dr. Scott Hill                      Sam McCracken
  Department of Homeland Security        Department of Veterans Affairs             Nike, Incorporated

        M. Christopher Briese                      Gil Jamieson                        Jim McLeod
       FBI–Minnesota Division                      FEMA–ONP                       BIA–Homeland Security

             Chris Castillo                         John Klein                       Robert Switzer
         El Paso Natural Gas                      State of Idaho                  BATF–Field Operations

             Mike Derrick                      Bradley Mahanes                      Craig Vanderwagen
         El Paso Corporation            Environmental Protection Agency          U.S. Indian Health Service

            Mark Destito                                                               George Vinson
      Drug Enforcement Agency                                                        State of California

                                       Tribal Leader Attendees
           Michael Bear                          Charles Enyart                       Mark Mitchell
      Penobscot Indian Nation                Eastern Shawnee Tribe                  Pueblo of Tesuqua

          R. Perry Beaver                          Raul Garza                         Myron Moses
      Muscogee (Creek) Nation                Kickapoo Tribe of Texas             San Carlos Apache Tribe

           Barbara Birdsbill                     Carol Ann Heart                      Frieda Perkins
            Fort Peck Tribe              Tribal Chairman's Health Board           Sac & Fox Nation, MO

          Gregg Bourland                         Darnell Hillaire                     Herman Shorty
        Cheyenne River Sioux                  Lummi Indian Nation                     Navajo Nation

          Robin Burdett                           Pearl Hopkins                       John F. Stensger
      Summit Lake Paiute Tribe                    Fort Peck Tribe                     Colville Tribe IR

          Thomas Christian                      Brad Levschen                            Ron Sully
           Fort Peck Tribe                  Upper Sioux Community                   Yankton Sioux Tribe

           Carroll Crowe                        Alan Mandell                          David Youckton
  Eastern Band of Cherokee Indians         Pyramid Lake Paiute Tribe                  Chehalis Tribe

                                                  Barton Martla
                                                  Pueblo of Zuni

                                                    Page iv
                                                     NNALEA 2002
                                         Tribal Lands Homeland Security Report
(many thanks, continued)

                                 Conference, Summit and Publications Staff
            Dawn Abrams                             Jamie French                        Maria Rubio
                ATF                               DOJ–COPS Office                     DOJ–COPS Office

             Nate Alton                               Earl Gardner                      Chuck Sears
        U.S. Customs Services                          DHS–BATF                       U.S. Border Patrol

           Donny Bulloch                       Ron & Maggie Gurley                   Anthony “Hoss” Silva
          U.S. Secret Service                BGCA–Green County, Inc.                B&CGA–Laguna Pueblo

             Gerry Cavis                            Luzene Hill                       Matt & Teresa Tate
          U.S. Secret Service                     Emory University                 Oklahoma National Guard

           Adam Callaway                               Maiby Ho                          Tracy Toulou
        FirstPic, Incorporated                         DHS–INS                      Office of Tribal Justice

           Chris Chaney                          Robert Holden                             Jill Tracy
   Executive Office U.S. Attorney            NCAI–Homeland Security                      FirstPic, Inc.

             Bill Christy                    Sherwood “Woody” Lewis                      Jim Twoney
             OPM–EMDC                              FBI, Retired                       U.S. Secret Service

         Stephen Cordoza                             Jim Maples                      Mary Dawn Verdery
       EMT, U.S. Border Patrol                    U.S. Secret Service               NNALEA Travel Office

            Herb Drake                            Rudolph Miranda                    Darlene Ward-Reno
       BATF–G.R.E.A.T Program                     U.S. Border Patrol                NNALEA Budget Office

          Gilbert Durazo                               Doria Moy                        Ernst Weyand
       EMT, U.S. Border Patrol                         DHS–INS                     FBI–Indian Country Unit

           Amanda Flangas                           Danny Pierce                         Willie Wind
            Nugget Hotel                          U.S. Secret Service                 U.S. Secret Service

                                               Royleen Ross-Weaver
                                              Helen Keller–ChildSight

                                                       Page v
                                                       NNALEA 2002
                                           Tribal Lands Homeland Security Report
(many thanks, continued)

                               Summit Directors, Facilitators & Publication Team
           Gary Edwards                                 Jim Wooten                             Dr. Martin Topper
        Summit Coordinator                          Summit President                          Summit Co-Director
      Deputy Assistant Director                  Federal Security Director                    U.S. Environmental
     United States Secret Service          Transportation Security Administration          Protection Agency/OCEFT

            Roger Nisley                             Peter Maybee                               Jerry Moriarty
              President                       Assistant Director, BIA–OLES                   Summit Co-Director
Eagle International, Inc., FBI (retired)       Department of the Interior                 Colonel–United Sates Army

      Francis “Lou” Gros Lewis                       Carol Ann Heart                              Jill Willis
   Senior Program Analyst/ONAP                      Executive Director                            President
   Housing & Urban Development               Tribal Chairman’s Health Board             Capstone Public Relations, Inc.

         H. Terence Samway                           Gary Edwards, II                          Linda Yascowitz
         Assistant Director                             Attorney                                Staff Assistant
         U.S. Secret Service                        Baker, Donaldson,                              NNALEA
                                                   Bearman & Caldwell
             Mark Piccirilli                                                                    Jennifer Garman
               President                                                                  Director of Graphic Services
             FirstPic, Inc.                                                                       FirstPic, Inc.

                                            Conference Exhibitors

        AIS/PRISim Simulators                             HUD–OIG                               Second Chance

       ATF G.R.E.A.T. Program                Information Technologies, Inc.                    Smith & Wesson

       Bureau of Indian Affairs                       ITT Nightvision                   Social Security Administration

          Bureau of Prisons                      National Criminal Justice                       Spillman Tech
                                                     Reference Center
        Community Oriented                                                                    U.S. Border Patrol
       Policing Services (COPS)                    Native American Art
                                                                                                U.S. Customs
         Department of State                     NIJ–Border Research and
                                                                                            U.S. Immigration and
                                                    Technology Center
  Drug Enforcement Administration                                                           Naturalization Service
East Central University of Oklahoma                                                            U.S. Mint Police
                                            Office of Emergency Preparedness
   Federal Bureau of Investigations                                                           U.S. Secret Service
                                                      Point Blank, Inc.
              Galls, Inc.                                                             Western Community Policing Center
                                                 Public Health SV USPHS

                                                         Page vi
                                                          NNALEA 2002
                                              Tribal Lands Homeland Security Report
Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Summit Goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Goal 1: Understanding the Threat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
   Remarks from Senator Ben “Nighthorse” Campbell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
  Remarks from Neal McCaleb
  Assistant Secretary for Indian Affairs, Department of Interior . . . . . . . . . . . . . . . . . . . . . . . . 5
  Remarks from Tom Heffelfinger
  U.S. Attorney for Minnesota–Chair, Native American Issues Subcommittee . . . . . . . . . . . . . . . 5
Goal 2: Defining the Vulnerabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
   Border Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
   Critical Infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
   Integration of Law Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
   Emergency Response/Medical Capacity Planning & Implementation . . . . . . . . . . . . . . . . . . 8
Goal 3: Identifying Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
   Available Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
   Needed Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Goal 4: Identifying Mechanisms for Cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
   Understanding Native Americans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
   Understanding Tribal Sovereignty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Goal 5: Defining the Next Steps for Moving Forward . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Summit Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
NNALEA Homeland Security Assessment Model . . . . . . . . . . . . . . . . . . . . . . . . . 28
   Understanding the Threat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
   Defining Vulnerabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
   Identifying Resources—Available and Needed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
   Identifying Mechanisms for and Roadblocks to Cooperation . . . . . . . . . . . . . . . . . . . . . . . 36
   Future Steps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
   Tab 1: The National Homeland Security Strategy and Objectives
   Tab 2: “Homeland Security” Summit Recommendations
   Tab 3: Brief outline for conducting and initial community homeland security assessment
          (for a detailed assessment process, please see page 28)

                                                          Page vii
                                                          NNALEA 2002
                                              Tribal Lands Homeland Security Report
   “Native people are Americans first—and want
    to stand shoulder-to-shoulder with the rest of
   their countrymen in defending American lives
  and homelands from the threats now before us.”

“Make no mistake: whether you are a single mom in an
urban area, or a family living out in a rural area, you
are potentially targeted because you are American.”

“From Valley Forge to the war in Afghanistan, Native
Americans have heeded the call to defend our country
 and way of life in numbers greater than any other
     group in the history of our great nation.”

    “From many, one. “E pluribus Unum.” It has
        never been more true than now . . .”

    “. . . by including Indian Tribes in our focus
     on homeland security, Native communities
   will stand shoulder to shoulder with the rest of
     America in defending American lives and
   homelands against the threats now before us.”
            A collection of "Homeland Security" statements by
                    Senator Ben Nighthorse Campbell
                         Northern Cheyenne Tribe

O    n September 11, 2001, the threat of terrorism became a reality for Native Americans, as it did for all Americans. The
     security of the very homeland upon which we all live, was breached. For most of us, this devastating day not only left us
searching for answers, but it also left us determined to take steps to reduce the threat that terrorism poses to our homeland
in the future.

To address the issue of homeland security in tribal lands, NNALEA hosted the “Tribal Lands Homeland Security Summit”
(Summit) at its 10th Annual Training Conference in Reno, Nevada, October 22–23, 2003. The main purpose of the Summit
was to bring a wide variety of interested parties together to define the nature of the homeland security threat on tribal lands
and to discuss the level of preparedness to meet that threat, now and in the future.

More than 400 representatives of Indian tribal governments, federal agencies, state governments and private industry provided
a clear picture of the challenges facing tribal lands. Participants reported potential vulnerabilities, funding restrictions, training
deficits, communication challenges, and jurisdictional issues.

Gary Edwards, CEO, NNALEA, reported the Summit findings to the United States Senate Committee for Indian Affairs
February 26, 2003. According to Mr. Edwards, “Our nation, as well as Tribal lands, must have a three-part approach to
homeland security. We must realize the reality of today, define our vision of homeland security for tomorrow, and act to
make that vision the reality of the future.”2

A reality that must be realized today is that there are certain vulnerabilities on tribal lands that affect the security of not
only the Tribal lands but also our Nation as a whole. Specifically, the primary vulnerabilities on Tribal lands today are:

1. the border and port security on Tribal lands;
2. the critical infrastructure located on Tribal lands {i.e., dams, water impoundments and reservoirs, electrical generation
    plants, drinking water, waste systems};

3. the existence of non-integrated law enforcement and lack of juristictional clarity; and
4. the minimal emergency response, and medical capacity, planning and implementation.
Our vision for homeland security includes a locally-organized grass-roots developed effort, dual-use equipment and
services, complementary services funding, adjacent jurisdiction partnerships, special operations training, and “outside
the box” thinking.

To make our vision a reality, NNALEA pledges to distribute and update the “NNALEA Homeland Security Assessment
Model,” continue to provide a forum for the discussion of tribal homeland security, lead in the development of a strategic
homeland security defense plan for Tribal Lands, and continue to promote partnerships that facilitate Indian tribes’ role in
the national homeland defense strategy. Please see Tab 2 for recommendations for support to NNALEA’s initiatives.

Senator Ben “Nighthorse” Campbell said it best, “Native people are Americans—and want to stand shoulder-to-shoulder
with the rest of their countrymen in defending American lives and homelands from the threats now before us.” NNALEA will
take its place to provide training, technical assistance, and innovative ways for Native American law enforcement to lead by
service to our communities and the United States of America.3

                                                               Page 1
                                                               NNALEA 2002
                                                   Tribal Lands Homeland Security Report

                                        T   he primary result of this nation’s search for
                                            answers and ways to reduce the terrorist
                                        threat was the formulation of the National
                                                                                              c. Create effective partnerships with
                                                                                                   tribal, state and local government and
                                                                                                   the private sector
                                        Homeland Security Strategy, which sets forth          d. Develop a National Infrastructure
                                        three strategic objectives:                                protection plan; and
                                        1. Prevent terrorist attacks within                   e. Guard America’s key assets and infra-
                                            our homeland;                                          structure against “inside” threats.
                                        2. Reduce our Homeland’s vulnerability              5. Catastrophic terrorism defense
                                            to terrorism; and
                                                                                            6. Emergency preparedness and response
                                        3. Minimize the damage and recover from
                                            attacks that do occur.
                                                                                              a. Create a national incident management
                                        These objectives are to be achieved in
                                        six initial areas, as defined by the Office
                                                                                              b. Improve tactical counter-terrorist
                                        of Homeland Security, namely:
                                        1. Intelligence and warning—to detect                 c. Enable seamless communication
                                                                                                   among all responders,
                                            terrorism before it manifests itself in
                                            an attack:                                        d. Prepare for NBC contamination,
                                          a. Build new capabilities through the               e. Plan for military support to civil
                                               Information Analysis and Infrastructure             authorities,
                                               Protection Division;                           f. Build the Citizen Corps,
                                          b. Implement the Homeland Security                  g. Build a training and evaluation system, and
                                               Advisory System; and                           h. Enhance the victim support system.
                                          c. Apply dual-use analysis to prevent             To build on the Office of Homeland Security’s
                                               attacks.                                     initiatives, the Summit targeted five goals that
                                        2. Domestic counter-terrorism:                      were achieved through the active participation
                                                                                            of the attendees. These goals are:
                                          a. Improve intergovernmental law
                                               enforcement coordination; and
                                                                                            Goal 1: Understanding the threat.
                                          b. Track foreign terrorists and bring them
                                                                                            Goal 2: Defining the vulnerabilities.
                                               to justice.
                                                                                            Goal 3: Identifying resources.
                                        3. Border and transportation security.
                                                                                            Goal 4: Identifying mechanisms for
                                        4. Critical infrastructure protection
                                          a. Unify America’s infrastructure
                                                                                            Goal 5: Defining next steps for moving
                                               protection effort;
                                          b. Build and maintain a complete and
                                                                                            The results of each goal are set forth in the
                                               accurate assessment of America’s
                                                                                            remainder of this report.
                                               critical infrastructures and key assets;

                        Page 2
                      NNALEA 2002
Tribal Lands Homeland Security Report
Goal 1: Understanding the Threat

T   he first goal addressed by the attendees        Further understanding of this threat was also
    of the Summit hosted by NNALEA was to           gained from the remarks provided by several
understand the threat that terrorism poses to       of the speakers at the Summit. Specifically, the
our homeland. For Native Americans, and for         remarks by Senator Ben “Nighthorse” Campbell,
all Americans for that matter, a good place to      Neal McCaleb, and Tom Heffelfinger, which
gain understanding of the threat of terrorism is    are summarized below, detailed the threat of
the target list of Al-Qaeda, which was deter-       terrorism to Native Americans and Tribal
mined to be responsible for the September 11        Lands, and the potential impact of such to
acts of terrorism. This list, which was recently    our homeland as a whole.
uncovered in a raid, states the following:

      Kidnapping and assassinating enemy            Senator Ben “Nighthorse”
      (i.e., non-Muslim) personnel, “blasting       Campbell
      and destroying the places of amusement,       Senator Ben “Nighthorse” Campbell was the keynote
      immorality and sin” (i.e., casinos,           speaker at the Summit hosted by NNALEA. Senator
      amusement parks, sporting events,             Campbell is the Chairman of the Senate Committee
      tourist attractions, and the like);           on Indian Affairs. He is a Native American and one
                                                    of the 44 Chiefs of the Northern Cheyenne Tribe. He
      “attacking vital economic centers” (i.e.,
                                                    was elected to the Senate a decade ago, and he is
      dams, power plants, energy pipelines,
                                                    the only Native American to chair the Senate
      railroads, ports, radio and television sta-
                                                    Committee on Indian Affairs. Likewise, he is the only
      tions, communication towers, etc.); and
                                                    Native American presently serving in the United
      “blasting and destroying bridges leading      States Senate.
      into and out of the cities.”4
                                                    Senator Campbell referred to the “Tribal Lands
At first glance, many Americans may conclude        Homeland Security Summit” as both “timely
that this list, and the threat contained therein,   and critically important.”5 “September 11th,”
only poses a “small threat” to Native Americans     he said, “brought out the need for coordinated
and tribal lands, thereby mistakenly overlooking    and cohesive delivery of law enforcement,
the much larger threat that this perceived          medical response, and security services for all
“small threat” poses to our homeland as a           Americans.” Senator Campbell discussed the
whole. A closer look reveals that Native            expanding challenges to law enforcement in
American Lands and Tribal Lands may be at           tribal communities. He referenced how, his-
the very heart of the threat to our homeland        torically, policing efforts focused on fighting
security. Dams, power plants, energy                violent crime, domestic violence, theft, and a
pipelines, railroads, ports, casinos, and           myriad of problems stemming from alcohol
tourist attractions that impact entire regions      and substance abuse; whereas, in recent
of our homeland are located on tribal lands.        years, tribal lands have seen an influx of urban
Tribal lands also include many miles of our         and inner city crimes, such as drug trafficking,
homeland’s border, thereby making them a            gang violence, and illegal immigrant smuggling,
potential conduit through which terrorism           which are some of the very activities that
has a means to ingress and egress our               finance terrorism.
homeland as a whole.
                                                                                                            Page 3
                                                                                                            NNALEA 2002
                                                                                                            Tribal Lands Homeland Security Report
                                        Senator Campbell acknowledged that our                 Native American Customs agents, the
                                        enemies have demonstrated their desire and             “Shadow Wolves” are patrolling three
                                        capability to strike America on its own soil.          million acres of isolated land along
                                        Like state and local governments, Indian tribes        70 miles of Mexican border. They are
                                        have a vital role in defending our country and         instrumental in tracking and apprehending
                                        our way of life. While some Americans have             smugglers in the American Southwest
                                        yet to acknowledge the vulnerability to                where no one else can penetrate. The
                                        terrorism in their part of the country, others         Wolves already are responsible for 70
                                        already convinced of the danger, believe the           percent of the 40-60,000 pounds of
                                        nation has not begun to address homeland               drugs seized each year by this Customs
                                        security. Neither is correct.                          Service section. Their skills are so valued
                                                                                               that the Shadow Wolves have been sent
                                        Senator Campbell provided some examples
                                                                                               to the Baltics and several former Soviet
                                        of federal efforts already under way. These
                                                                                               states to teach others how to identify and
                                                                                               track smugglers (of drugs, weapons,
                                              The National Indian County Telecom               people) across international boundaries.
                                              Infrastructure Consortium initiative of
                                                                                               The Federal Law Enforcement Training
                                              the Bureau of Indian Affairs. The BIA
                                                                                               Center (FLETC) has increased its sup-
                                              is working with tribes to coordinate an
                                                                                               port to training Indian Police Officers
                                              enhanced telecommunications capacity
                                                                                               and now trains over 2,000 officers
                                              that will improve tribes’ ability to
                                                                                               annually, and
                                              communicate and work with other
                                              law enforcement agencies and first               Through the Bureau of Alcohol, Tobacco
                                              responders beyond their borders.                 and Firearms (ATF) GREAT Program, BIA
                                                                                               has trained 214 officers and graduated
                                              The Federal Emergency Management
                                                                                               28,995 Native Americans from this
                                              Agency (FEMA) is distributing $200
                                                                                               gang resistance program.
                                              million for state and local hazards
                                              emergency planning, development             Senator Campbell explained that the Senate
                                              of Emergency Operations Centers,            Committee on Indian Affairs’ commitment
                                              and Community Emergency Response            to improving the security, living conditions
                                              Team Training.                              and opportunities for Native Americans is
                                                                                          truly bi-partisan. It recognizes that, “Indian
                                              The Customs Service has adopted
                                                                                          tribal law enforcement officers are often the
                                              a $100 million “Northern Border
                                                                                          first and only responders to crimes committed
                                              Strategy” to emphasize securing our
                                                                                          against Indians and non-Indians on Indian
                                              long-neglected northern border with
                                                                                          lands.” The Committee has held hearings,
                                              Canada. This strategy will combine
                                                                                          and in 2003 will review the practical effect
                                              technology, improved infrastructure,
                                                                                          of recent Supreme Court decisions on the
                                              hundreds of new personnel, industry
                                                                                          ability of tribes to enforce the law on their
                                              and international partnerships to secure
                                                                                          lands. NNALEA and Summit attendees were
                                              that border. Concurrently, a $10 million
                                                                                          encouraged to take part in those discussions,
                                              security upgrade will be deployed to
                                                                                          which Senator Campbell views as extremely
                                              high volume and high-risk ports of
                                                                                          important to effective protection of the U.S.
                                              entry on the Southwest border to
                                              improve its security also.
                        Page 4
                      NNALEA 2002
Tribal Lands Homeland Security Report
Neal McCaleb                                             Mr. Heffelfinger believes that the security
                                                         planning and operations for the Salt Lake City
Neal McCaleb was the Assistant Secretary of Indian
                                                         2002 Winter Olympics should be the model
Affairs for the Department of the Interior at the time
                                                         for homeland security public safety operations.
of the NNALEA Summit.
                                                         He described Olympic security as a “turf free”
Neal McCaleb noted that America’s sense of               zone where individuals and agencies gave
security was shattered by the September 11,              up their egos and “turf” in the interest of
2001 terrorist attacks in New York City and              performing a very difficult, dangerous and high
Washington, DC. Echoing the President’s fre-             visibility mission. While the Secret Service
quent call to action, he described the nation            was in charge of planning the security for
as in the midst of “a war on terrorism.”                 this National Special Security Event, it needed
Although the challenges of such a war are                communication with Olympic organizers,
becoming clear to all, Mr. McCaleb described             athlete chaperones, intelligence,
this as the “best of times” in one sense. The            federal, state and local law
American public has a new respect, apprecia-             enforcement and medical per-
tion and admiration for those in public safety           sonnel, the military, FEMA and a
occupations as well as a strengthened sense              myriad of other organizations.
of community, cooperation and unity. He                  Procedures for post standing,
described the Summit as an opportunity to                credentialing, communications,
share and compare successes and challenges               supervision, logistics for hous-
and to prepare to serve and protect those                ing and feeding law enforce-
who depend on us.                                        ment, security and first respon-
                                                         ders and an infinite variety of
Tom Heffelfinger                                         other details required people to
                                                         work together to make Olympic            Presentation of Colors by U.S. Border Patrol,
Tom Heffelfinger is the U.S. Attorney for the State of                                          NNALEA President Jim Wooten, NCAI Executive
                                                         security successful. The Olympics        Director Jackie Johnson, and honored guests.
Minnesota and Chairman of Attorney General
                                                         were confined to a limited area
Ashcroft’s Advisory Committee, Native American
                                                         and operated for a reasonably short period of
Issues Subcommittee.
                                                         time. These factors made that mission easy
Tom Heffelfinger picked up Mr. McCaleb’s                 compared to securing the American homeland
theme, adding that this war on terrorism will            against foreign and domestic terrorists for an
be the first war in U.S. history that is fought as       indefinite period of time.
much by law enforcement and first responders
                                                         Jurisdictional procedures and laws should
as by the military. He quoted some of the
                                                         be considered for Tribal Police to become
written goals listed in the Al-Qaeda terrorist
                                                         full partners in protecting the homeland.
training manuals, which have been recovered
                                                         Jurisdictional issues include Tribal Police
from caves in Afghanistan and raids in the
                                                         detaining and prosecuting non-Indians,
United Kingdom. These manuals urge attacking
                                                         Tribal Police terrorist training, and cross-
and destroying vital economic centers such
                                                         deputization agreements.
as dams, power plants, energy and trans-
portation centers. Because these terrorists
cannot begin to match the nation’s military
might, they focus on destroying the U.S.
economy and our free and open society.

                                                                                                                Page 5
                                                                                                                NNALEA 2002
                                                                                                                Tribal Lands Homeland Security Report
                                        SUMMIT GOALS
                                        Goal 2: Defining the Vulnerabilities

                                        A     fter the threat of terrorism was understood,
                                              the next goal addressed by the attendees
                                        of the Summit hosted by NNALEA was to
                                                                                             Critical Infrastructure
                                                                                             There are over 100 million acres of tribal and
                                                                                             Alaskan Native lands that are replete with dams,
                                        define the vulnerabilities on tribal lands that      water impoundments and reservoirs, electrical
                                        make all Americans susceptible to that threat.       generation plants, oil and gas fields/pipelines,
                                        It was determined at the Summit that Native          transportation lines, and waste systems, among
                                        Americans and tribal lands have at least four        others, that are critical to the infrastructure
                                        primary vulnerabilities relevant to the security     of our Homeland. A sampling of these resources
                                        of our Homeland as a whole. These vulnera-           critical to our infrastructure located on Tribal
                                        bilities, which were consistently reiterated by      and Alaskan Native lands are set forth below:
                                        the attendees of the Summit, are as follows:

                                        1. Border Security;                                  Dams, Water Impoundments,
                                                                                             Reservoirs, and Electrical
                                        2. Critical Infrastructure;                          Generation Plants:
                                        3. Integration of Law Enforcement and                      The 2nd largest producer of hydroelectric
                                            Lack of Juristictional Clarity; and                    power in the United States;
                                        4. Emergency Response and Medical                          The 4th highest dam in the United States;
                                            Capacity Planning and Implementation.
                                                                                                   The 12th highest dam in the United States;
                                        Each of these vulnerabilities is summarized in
                                        more detail below.                                         Over 145 other critical dams in located
                                                                                                   on Tribal and Alaskan Native Lands.

                                        Border Security                                      Oil and Gas Fields/Pipelines:
                                        Twenty-five tribes have land located on or
                                                                                                   Oil Fields on many Tribal lands;
                                        near approximately 200 miles of U.S./International
                                        borders. Most of these borders are not ade-                Gas Fields on many Tribal lands;
                                        quately patrolled due to limited resources,
                                                                                                   Bulk Petroleum Plants on some
                                        which make tribal lands, and in turn, our
                                                                                                   Tribal Lands;
                                        homeland as a whole, subject to undetected
                                        terrorist infiltration.                                    Hundreds of miles of pipelines on
                                                                                                   several Tribal lands;
                                        For example, located on one Indian
                                        Reservation, there are 76 miles of interna-                Natural Gas Companies on several
                                        tional border, with numerous unmanned                      Tribal Lands.
                                        border crossing points. In 2002, the U.S.
                                        Border Patrol apprehended 222 illegal                Transportation Lines:
                                        immigrants from special interest countries.
                                        Even more alarming is the U.S. Customs                     Hundreds of miles of railroads run
                                        estimate that numerous undocumented                        through Tribal and Alaskan Native lands;
                                        illegal aliens enter our homeland everyday                 Hundreds of miles of Interstate Highways
                                        through our borders. Many of these undocu-                 and many other critical highway systems run
                        Page 6          mented illegal aliens could be terrorists.                 through Tribal and Alaskan Native lands.
                      NNALEA 2002
Tribal Lands Homeland Security Report
Others:                                               effects could include loss of power (brownouts
                                                      or blackouts) for citizens, businesses, hospitals
      Communication Towers and
                                                      and government agencies in several states;
      Water Resources;
                                                      flooding (of a major United States City as
      Tourist/Casino Attractions;                     well as other smaller cities and communities)
                                                      and loss of thousands of lives (both people
      Coal mines, power transmission lines,
                                                      and animals) in communities and businesses
      and slurry pipelines;
                                                      situated in the major river’s flood plain;
      Tourist Attractions on Tribal and
      Alaskan Native lands are numerous
      across the United States;

Each of these resources are critical to the
infrastructure of our homeland, but each is
also a vulnerability should it be compromised
by a terrorist attack. For example, one major
dam located on an Indian Reservation is over
100 feet high and nearly one mile long. A
two-lane highway runs across the crest of
the dam, and the dam itself is made of
enough concrete to build a 60 foot wide,
four-inch thick highway covering the 3,000
miles from Los Angeles to New York City.6
This dam regulates flood control of a river                                    This dam’s hydroelectric power plant is the
and forms a large lake, a reservoir and recre-                             largest producer of electricity in the United States,
                                                                                    and the third largest in the world.
ational area, holding nine million acre feet of
water, and extending 150 miles. The dam’s
                                                      and, the development of filth-based diseases
hydro-electric power plant is the largest
                                                      such as cholera due to human and animal
producer of electricity in the United States,
                                                      cadavers and the flooding of sewage systems.
and the third largest in the world. It is the
                                                      The down river destruction of other dams
major supplier of electricity to a large number
                                                      could multiply this devastation. Hundreds
of states. The 6.5 million kilowatts annual
                                                      of millions, perhaps billions, of dollars in
generation capacity equates to $130 million
                                                      property and business destruction could be
of power at wholesale levels. It also irrigates
                                                      expected, in addition to the cost of rebuilding
more than one-half million acres of otherwise
                                                      the massive dam.
arid land,7 and forms the a national recreation
area, which contains a seasonal habitat for
24 Bald Eagles, seven scenic and historical           Integration of Law
trails, and fishing areas. Tourist business           Enforcement and Lack of
provides millions of dollars and hundreds             Jurisdictional Clarity
of jobs to the local economy and small
                                                      Many Native American communities do not
business owners.
                                                      have formal agreements with local, state, and
With the background of the above described            federal officials regarding law enforcement,
major dam in mind, the effects of a successful        which has created gaps in safeguarding tribal
terrorist attack on it are easily conceivable. Such   lands, critical resources located thereon, our
                                                                                                                 Page 7
                                                                                                                 NNALEA 2002
                                                                                                                 Tribal Lands Homeland Security Report
                                        homeland as a whole, and all Americans,              their citizens, respond to emergencies,
                                        Native American and non-Native                       and establish order from chaos. Local
                                        American alike.                                      communities play critical roles in preparing
                                                                                             their citizens for emergencies and engaging
                                        “At the onset, every disruption or attack is a
                                                                                             their public and private leadership in the
                                        local problem. Regardless of who owns and
                                                                                             development of coordinated local and
                                        operates the affected infrastructure, each
                                                                                             regional plans to assure the protection
                                        requires an immediate response by local
                                                                                             of residents and businesses.9
                                        authorities and communities who must
                                        support the initial burden of action before          The Federal Emergency Management Agency
                                        the incident escalates to a national event.”8        (FEMA) is distributing $200 million for state
                                                                                             and local hazard emergency planning, devel-
                                        State and local jurisdictions should enter
                                                                                             opment of Emergency Operations Centers,
                                        into mutual support agreements with Indian
                                                                                             and Community Emergency Response Team
                                        nations to share complementary resources in
                                                                                             Training. FY-2002 funding was provided to
                                        times of crises. In addition, state and local
                                                                                             states on the basis of population alone.
                                        governments should be encouraged to enter
                                                                                             Summit participants believe that funding
                                        in cross deputization agreements to facilitate
                                                                                             should be prioritized and provided to both
                                        the mutual sharing and support of peace
                                                                                             states and tribes according to a risk model
                                        officers, particularly in times of crises. These
                                                                                             based on the need for basic emergency
                                        cross deputization agreements should provide
                                                                                             response staffing and infrastructure.
                                        certified Indian Police officers equivalent status
                                        as all other police departments.                     FEMA expects that FY-2003 funding will
                                                                                             be allocated by a formula that will provide a
                                        Jurisdictional impediments will need to
                                                                                             set amount of base funding to each state.
                                        be removed for tribal police to become full
                                                                                             Funding above this base will be allocated
                                        partners in protecting the homeland. Both
                                                                                             based on population. Therefore, without
                                        procedures and laws will require changes.
                                                                                             legislative intervention, tribal lands do not
                                        For example, tribal police and tribal courts
                                                                                             appear to be in line for direct funding for
                                        must have broader authority to detain
                                                                                             FEMA support until FY-2004 at the earliest.
                                        and prosecute Indians and non-Indians
                                        committing crimes on Tribal lands. These             Current funding for tribal law enforcement
                                        changes will make tribal law enforcement             and first responders lags well behind that
                                        more effective and aid to close the parity           for non-tribal law enforcement and first
                                        gap in law enforcement between Tribal                responders. The result is that many Tribal law
                                        communities and non-Tribal communities.              enforcement and first responder programs lack
                                                                                             personnel, and the personnel they do have
                                                                                             may need training, education, certification,
                                        Emergency Response and
                                                                                             experience, and sufficient technical assistance,
                                        Medical Capacity Planning
                                                                                             while many experience burn-out resulting in
                                        and Implementation                                   low retention rates. Therefore, the cost will
                                        Communities look to local leadership to              be higher to attain parity in law enforcement
                                        assure safety, economic opportunities and            and first responder programs on Indian lands.
                                        quality of life. Public confidence, therefore,
                                                                                             According to Senator Campbell, “Indian tribal
                                        starts locally and is dependent upon how
                                                                                             law enforcement officers are often the first
                                        well communities plan and are able to protect
                                                                                             and only responders to crimes committed
                        Page 8
                      NNALEA 2002
Tribal Lands Homeland Security Report
against Indians and non-Indians on Indian         firefighting, health and medical services,
lands.” In addition, Tribal lands have critical   information analysis, urban search and rescue,
unmet needs for medical capacity, emergency       the proper identification and containment of
response planning, and emergency service          hazardous materials, food and water availability,
implementation.                                   as well as energy supply, public safety, and
                                                  clean-up. All these elements listed need to
For example, Tribes are looking more and
more to the private sector for health care
                                                  be coordinated in a pre-planned organized           . . . this war on
                                                  manner on Tribal lands.
services that the Indian Health Service does                                                          terrorism will be
not have the resources to provide. In addition,   With respect to Tribal coordination with            the first war in
one Tribal Nation employs only four full-time     emergency assistance from federal agencies,         U.S. history that
emergency managers to provide technical and       the Department of Health and Human Services
                                                                                                      is fought as much
short-term planning assistance to 110 units       (HHS) is the primary agency responsible for
of local government, covering an area the size    the health and medical response under FEMA’s        by law enforcement
of West Virginia. On this same reservation,       Federal Response Plan. The Department of            and first responders
the Tribe employs only eight full-time fire and   Health and Human Services is prepared to            as by the military.
rescue staff to serve a population greater        respond to terrorist attacks on a national
than 250,000. Due to inadequate funding,          basis. The HHS Center for Disease Control           United States Attorney
most fire emergency response services are         (CDC) coordinates the building of the Health        Tom Heffelfinger
                                                                                                      NNALEA Summit Report
provided by volunteers.                           Alert Network (HAN) and the National
                                                                                                      Page 5
                                                  Electronic Disease Surveillance System (NEDSS).
In oral remarks at the Indian Health Service,
                                                  Both programs are next generation national
National Councils Combined Annual Conference,
                                                  public health communications and disease
a senior Indian Health Service official made
                                                  surveillance programs utilizing internet
the following statements regarding funding
levels in the Indian Health Service 2004
budget for Indian Health Programs:                However, tribes may have trouble integrating
                                                  their response activities with such sophisticated
      As a provider, I know that there will
                                                  systems because of infrastructure limitations.
      be some (health) services I can provide
                                                  Almost a quarter of rural Native Americans
      and others that will have to be delayed
                                                  lack basic telephone service and 8 percent
      or denied.
                                                  lack a safe indoor water supply. The Indian
      The (2004) budget includes $25 million      Health Service must purchase over 500,000
      for Contract Health Costs, an amount        outpatient visits from the private sector,
      that will support the purchase of           and some health services for Tribal people
      approximately 511,000 outpatient visits,    will either have to be delayed or denied.
      an increase of 17,000 from FY 2003.         Given these disparities, homeland security
                                                  preparedness would dictate that funding
      Almost 8 percent of Indian homes still
                                                  for Tribal emergency response, medical capacity
      lack a safe indoor water supply, compared
                                                  planning, and implementation programs
      to 1 percent of all U.S. homes.
                                                  should be reevaluated, and access to adequate
If a weapon of mass destruction was used          funding for basic infrastructure support be
in a terrorist attack on or near a reservation,   made available.
resource limitations like those described
above would effect emergency response,
communication, transportation, public works,
                                                                                                      Page 9
                                                                                                      NNALEA 2002
                                                                                                      Tribal Lands Homeland Security Report
                                        SUMMIT GOALS
                                        Goal 3: Identifying Resources

                                        T   he third goal pursued and achieved by             terrorist attacks of September 2001. The
                                            attendees of the NNALEA Summit was                railroad industry, like the airlines, shut
                                        to identify the resources of Native Americans         down. Railroads ceased operating for 72
                                        relevant to homeland security. This goal is           hours while engineers, police and securi-
                                        very important, as it takes resources to safe-        ty officials examined every major struc-
                                        guard vulnerabilities from attack by terrorists.      ture, bridge, fueling station and other
                                        Accordingly, at the Summit, attendees were            vital structures. Within a month, the
                                        requested to help identify both the resources         Union Pacific determined that it had 265
                                        available to Native Americans on tribal lands to      tunnels, 762 bridges, 138 fueling centers
                                        safeguard against the vulnerabilities identified      and 33 data distribution centers among
                                        in Goal 2, set forth above, and those resources       its vital structures.
                                        that are needed by Native Americans to safe-
                                                                                              The industry adopted four states of
                                        guard tribal lands, and our Homeland as a
                                                                                              heightened alert—near normal; heightened;
                                        whole. The results of the identification of the
                                                                                              credible threat; and confirmed threat/
                                        available resources, and the needed resources
                                                                                              actual attack. Within each of these
                                        are each discussed in more depth below.
                                                                                              states, specific security enhancements
                                                                                              were defined and agreements were made
                                        Available Resources                                   with federal, tribal, state and local officials
                                        1. Tribal law enforcement and first responder         for necessary public safety assistance. The
                                            services. A large number of Indian nations        railroad industry also formed five Critical
                                            do have tribal law enforcement and first          Action Teams around the five core functions
                                            responder services. NNALEA has provided           related to terrorist threats: hazardous mate-
                                            national training for tribal lands law enforce-   rial transportation and storage, operations
                                            ment professionals for the last 10 years.         security, critical infrastructures, informa-
                                            In addition, in 2002 NNALEA presented             tion technology, and military liaison.
                                            the “Tribal Lands Homeland Security               El Paso Natural Gas has $47 billion in
                                            Summit” and NNALEA is in the process              annual revenue and 14,000 employees.
                                            of coordinating the development of the            It owns 48,000 miles of natural gas
                                            “Academic Center for Excellence in Native         pipelines, 95 power generating stations,
                                            American Law Enforcement Training.”               21,000 miles of gathering pipelines, slurry
                                        2. Private Industry. At the Summit hosted             lines, and oil drilling platforms. Its pipelines
                                            by NNALEA, the Union Pacific Railroad,            cross six states and 12 tribal nations. Its
                                            El Paso Natural Gas Corporation, home-            pipelines are monitored around the clock
                                            land security and emergency management            for flow and pressure, and emergency
                                            officials representing companies with             response crews are on stand by. The
                                            holdings in many states made presenta-            safety of its employees, customers, and
                                            tions on their security efforts and how           citizens near its right of ways is of primary
                                            they interact with Indian Nations. The            importance to the company. In addition
                                            Union Pacific representative detailed how         to automated monitoring, El Paso checks
                                            the railroad industry responded after the         its pipelines by helicopters, ground vehicles

                      Page 10
                      NNALEA 2002
Tribal Lands Homeland Security Report
    and foot patrols. Like Union Pacific, it           first-line domestic preparedness officials,
    has extensively tested and improved its            only 50 percent of cities and towns and
    emergency response plans. It also relies           23 percent (5 of 22) of the Indian Nations
    on Indian Nation resources for security            had received training. Communication
    and public safety protection during                from the state to these governments was
    emergencies and potential emergencies.             identified as the reason for the low rate
    For example, the Gila River Indian Police          of training participation. After making
    recently provided security at an El Paso           some improvements to that process, 80
    facility, pending arrival of the company’s         percent of cities and towns and 55 percent
    emergency response personnel.                      (12 of 22) Indian Nations had received
                                                       training by the end of the program’s
3. California State Security. At the NNALEA
                                                       second year.
    Summit, California Governor Gray Davis’
    Special Advisor for State Security briefed      5. Idaho Emergency Preparedness Program.
    the conferees on how the nation’s most             At the Summit hosted by NNALEA, the
    populous state approaches homeland                 head of Idaho’s Emergency Preparedness
    security. He informed us that the state            Program explained that emergency plan-
    health department was now closely inte-            ning doctrine recognizes 10 key hazards:
    grated with California’s security planning.        agricultural; arson; assassination of high
    He believes the anthrax killings opened            profile personnel; biological; chemical;
    eyes to the notion that homeland security          cyber; explosives, narcotics, nuclear and
    requires more than security professionals.         radiological terrorism.
    As a former supervisory agent with the
                                                    6. Border Patrol. The Border
    FBI, he believes that terrorists are nothing
                                                       Patrol’s mission is to secure
    more than criminal enterprises which
                                                       and protect the external
    employ fanatical and suicidal agents. The
                                                       boundaries of the United
    same steps law enforcement has applied
                                                       States, preventing illegal
    to shutting down criminal enterprises
                                                       entry and detecting, inter-
    will ultimately work against terrorists.
                                                       dicting and apprehending
    This makes the war of terrorism a
                                                       undocumented entrants,
    winnable one, although it might take
                                                       smugglers, contraband and
    some years to bring to a close.
                                                       violators of other laws.
4. Arizona Division of Emergency                       There are 8,000 miles of U.S.           Border Patrol Chief Gustavo De La Vina
    Management and Military Affairs.                   borders to patrol including                and Summit participants view a
    At the NNALEA Summit, the head                     4,000 miles of northern                  Border Patrol Surveillance Helicopter.
    of the Arizona Division of Emergency               border with Canada, 2,000 of southern
    Management and Military Affairs dis-               border with Mexico, and 2,000 of coastal
    cussed her efforts to integrate Arizona’s          borders. The Border Patrol divides itself
    22 tribes into the state vulnerability and         into 21 sectors throughout the United
    risk assessment process. She explained             States. Indian reservations are part of 12
    that Arizona is a “delegating state” that          of those 21 sectors. Besides the Border
    pushes resources and responsibility to the         Patrol, there are few law enforcement
    county level for program implementation.           resources along the borders beside the
    After the state’s first iteration of offering      Indian Police Officers. The relationship that
    workshops to community leaders and                 has been established with Native American
                                                                                                           Page 11
                                                                                                           NNALEA 2002
                                                                                                           Tribal Lands Homeland Security Report
                                            law enforcement and the U. S. Border                  Michigan. The money from that transaction
                                            Patrol is a valuable conduit in detecting             was traced to the Hezbollah Middle Eastern
                                            and apprehending illegal immigrants.                  terrorist group.

                                        7. Bureau of Alcohol, Tobacco, Firearms                   Project Safe Neighborhood, an integrated
                                            and Explosives (ATF). The ATF, and about              violence reduction program that removes
                                                     90 percent of its personnel, are             violent criminals from society, is the sec-
                                                     moving from the Department of                ond highest priority of ATF. United States
                                                     the Treasury to the Department               Attorneys throughout the United States
                                                     of Justice. This is part of the same         are a vital part of the program. They make
                                                     government reorganization which              prosecuting violent offenders, and getting
                                                     created the Department of                    them the longest sentence allowable, a
                                                     Homeland Security. “Explosives”              high priority in their offices.
                                                     has been added to the agency
                                                                                              8. Bureau of Indian Affairs (BIA). The BIA
                                                     name, reflecting its long history
                                                                                                  warned that homeland security funding
                                                     in regulating explosives and
                                                                                                  must be both cost effective, based on
                                                     investigating bombings. The
                                                                                                  risk management methodology (similar
                                                     agency will continue to use
      “The Spirit of Cooperation”—Actor/Singer                                                    to the design included in the NNALEA
                                                     the ATF moniker.
   Branscombe Richmond, Border Patrol Officers,                                                   Homeland Security Assessment Model)
  and a Bureau of Alcohol, Tobacco, Firearms and        Five to six billion pounds of             and linked directly to the National
       Explosives Incident Response Vehicle.
                                                        explosives are used lawfully in the
                                            United States each year. Regulating that
                                            volume is a huge task. ATF is the primary
                                            Federal agency responsible for responding
                                            to fires, bombings and explosives incidents.

                                            Fighting Terrorism is the number one
                                            priority of the ATF. Suppressing black
                                            marketing in cigarettes is an important
                                            facet of the war on terrorism. Many states
                                            have raised taxes on cigarettes as a way
                                            to discourage people from smoking as
                                            well as a method of raising revenue. As a                   Senator Ben Nighthorse Campbell
                                            result, a lucrative black market has arisen           Chairman, Senate Committee On Indian Affairs.

                                            in trafficking cigarettes. More particularly,
                                                                                                  Homeland Security Strategy. Summit
                                            cigarettes are purchased at cheap prices
                                                                                                  participants were urged to design, create,
                                            in tobacco growing states then transported
                                                                                                  and implement holistic programs that
                                            by truckloads to industrial states where
                                                                                                  embody improved communication and
                                            prices and taxes are much higher. States
                                                                                                  cooperation throughout the various levels
                                            including Kentucky, Oklahoma, North
                                                                                                  of government.
                                            Carolina and Texas are part of a crime
                                            pattern that directly supports terrorism.             The BIA commented that many tribes are
                                            In a recent case, ATF traced the purchase             located on or near international boundaries
                                            of cigarettes in North Carolina to their              and waterways. Casinos, dams, commu-
                                            delivery to the black market in Detroit,              nications towers and other infrastructure

                      Page 12
                      NNALEA 2002
Tribal Lands Homeland Security Report
   are viable targets of the type terrorists           the nexus between drugs and terrorism
   prefer. Recently, an attempted kidnapping           has led the DEA to begin asking separate
   was foiled on the Passamaquoddy Indian              lines of questions dealing with terrorist
   Reservation. This incident and the examples         plans and activities. These questions
   NNALEA has presented in this report                 have been added to its existing list of
   provide “hard evidence” that terrorist              drug related questions that it asks its
   threats apply as much to tribal lands               operatives and prisoners. Information
   as to any other part of America.                    gathered from the debriefings is shared
                                                       throughout the intelligence and law
   The BIA is developing a database of tribal
                                                       enforcement systems.
   points of contact for homeland security
   issues. It hopes to make this information       10. Environmental Protection Agency (EPA).
   available in the Internet. Several issues           The mission of the EPA is to protect
   will be addressed by Department of                  human health and the environment.
   Homeland Security working groups.                   Chemical attacks by terrorists may first
   These include: information and intelli-             present themselves as hazardous material
   gence sharing and plans for addressing              incidents. EPA maintains a national
   border vulnerabilities, digital connectivity,       counter-terrorism evidence response
   funding equity and operations security              capability as well as a national environ-
   issues. BIA believes that DHS must and              mental forensic center with expertise
   will receive tribes as equal partners in            in radiological and chemical weapons
   deciding how best to protect the                    of mass destruction. It also has emergency
   American homeland.                                  response programs, drinking water pro-
                                                       tection programs, and chemical industry
9. Drug Enforcement Agency (DEA). The
                                                       regulatory functions that are vital to
   DEA has 200 offices in the U.S. and 70
                                                       homeland security. EPA has a criminal
   offices worldwide in 56 different countries.
                                                       enforcement program that focuses on
   Its principal role in homeland security is
                                                       prevention and training as well as the
   the suppression of narco-terrorism. The DEA
                                                       investigation of environment crimes.
   offers classes to law enforcement officers
   in how to respond to methamphetamine                EPA maintains a smooth working rela-
   labs. This class has great applicability to         tionship with Indian nations and tribes
   dealing with bioterrorism and is essentially        on a government to government basis.
   a mini Hazardous Materials (HAZMAT)                 It has many grants and agreements with
   class. DEA also offers a longer clandestine         tribes and provides training, technical
   laboratory certification course at its              expertise and other assistance, as
   headquarters in Quantico, Virginia. This            requested. The EPA believes that joint
   is important because prior to the U.S.              training and joint operations are essen-
   campaign against Al-Qaeda and the Taliban           tial before disasters occur. Its training
   government, Afghanistan produced 70                 serves the dual purpose of detecting
   percent of the world’s opium supply. The            environment crimes as well as preparing
   sale of narcotics internationally was a             first responders for terrorist attacks
   significant means of funding terrorist              using chemical, radiological and other
   activities. The drugs most often abused in          environment contaminants.
   the U.S. are methamphetamines, including
   pseudo ephedrine, its precursor. In addition,
                                                                                                    Page 13
                                                                                                    NNALEA 2002
                                                                                                    Tribal Lands Homeland Security Report
                                        11. Federal Bureau of Investigation (FBI).             Infoguard (computer intrusion program),
                                            Presidential Decision Directive (PDD) 39,          key asset and weapons of mass destruc-
                                            signed by President Clinton in 1995,               tion contingency planning coordinators.
                                            defines the FBI’s role in counter-terrorism.       These special agents are available to
                                            The Bureau is assigned roles in prepared-          advise and assist all law enforcement
                                            ness for, prevention of, and response to           agencies, and calls are encouraged. The
                                            terrorist attacks. The FBI has the lead role       FBI also has an Indian Country Unit at
                                            for crisis management in these events.             its Washington, DC, headquarters. Its
                                            Leading the federal consequence manage-            principal functions are providing training
                                            ment effort is the Federal Emergency               and support to law enforcement officers
                                            Management Agency (FEMA).                          (FBI agents, BIA-OLES, and tribal officers)
                                                                                               working in Indian Country. The unit is
                                            The Bureau has a long history in counter-
                                            intelligence and has been working for well
                                            over a decade on terrorism. According to
                                            a recent Washington Post report, “in
                                            1991, when the U.S. began its bombing
                                            campaign in Operation Desert Storm,
                                            Iraq’s intelligence agencies attempted
                                            unsuccessfully to carry out terrorist
                                            bombing against U.S. embassies and
                                            other facilities,”10 the FBI worked alongside
                                            the CIA and their peers in other nations
                                            to interdict the agents before they could
                                            damage worldwide U.S. owned facilities.                    United States Customs Service
                                                                                                    Recruitment and Information Booth.
                                            The FBI has reduced its workload in some
                                            areas where heavier coverage could be
                                                                                               headed by Supervisory Special Agent,
                                            provided by other federal law enforcement
                                                                                               Ernst H. Weyand, who attended the
                                            agencies. This has freed additional agents
                                                                                               Summit. The FBI Indian Country Unit
                                            for assignment to the critical counter-
                                                                                               can be contacted at (202) 324-3802.
                                            terrorism function. Recently, the PATRIOT
                                            Act and other legislation have enabled             As part of the recent federal reorganization
                                            the Bureau and federal intelligence agencies       of law enforcement and security agencies,
                                            to share more information, more rapidly            the National Infrastructure Protection
                                            than in the past.                                  Center, a cooperative effort among several
                                                                                               federal agencies, is moving from FBI
                                            The Bureau has 56 field offices and over
                                                                                               headquarters to the Department of
                                            400 resident agencies that have significant
                                                                                               Homeland Security.
                                            counterterrorism capabilities. For example,
                                            each field office has an Evidence Response      12. Federal Emergency Management
                                            Team, with law enforcement and forensic            Agency (FEMA). FEMA has a long
                                            expertise, and a HAZMAT Response Team,             history of dealing with Indian nations
                                            with HAZMAT and explosive expertise                and tribes on a government to govern-
                                            which are available to deploy when and             ment basis. However, depending on the
                                            where needed. Similarly, each field office         focus and funding authority for certain
                                            has an anti-terrorism task force, and              programs, this is not always possible.
                      Page 14
                      NNALEA 2002
Tribal Lands Homeland Security Report
    For example, the Fiscal Year (FY)–200211            Health Service which has 6,000 uniformed
    funding for improvements in first respon-           officers that are ready to deploy at any time,
    der capabilities is authorized through              to any place, where they are required
    the Stafford Act which precludes direct             to alleviate public health
    government to government funding.12                 emergencies. IHS is looking
    While Indian nations are not directly               for tribes to develop Tribal
    eligible for this funding they are urged            control of the emergency
    to consult the October 1, 2002 edition              medical response capabilities
    of the Federal Register for grant guidelines.       on tribal lands. It is also
    FEMA hopes that future legislation will             working to improve State/
    permit direct funding to Indian nations             Tribal coordination.
    and tribes.
                                                        Recently, States were asked
    Upgrading Emergency Operations                      to address the inclusion of
    Centers (EOCs) and updating emergency               tribes in their planning.
    response plans are key FEMA goals; $56              Fourteen of the 35 states United States Secret Service Uniform Division Officers
    million has been earmarked for upgrading            with Indian reservations        keep a vigilant watch for well-qualified applicants.

    EOCs. Those in the worse shape will be              did so. Of these 14, only one was
    funded first and every EOC will receive a           willing to provide funds to tribes for
    secure communications suite. However,               staffing improvements in Indian
    the receipt of secure communications                response capabilities.
    will require EOCs to increase the physical
                                                        The IHS has no plans for mass inoculations
    security afforded these sensitive commu-
                                                        of Native Americans against smallpox.
    nication centers. FY-2002 funding was
                                                        Neither will there be mass inoculations
    provided to states on the basis of popu-
                                                        in the rest of the nation. That decision
    lation alone. The more sparsely populated
                                                        was made based on a determination that
    western states have objected to that
                                                        the current vaccine has significant health
    formula believing that the perceived level
                                                        risks. IHS expects significant reduction in
    of risk should be the principal determining
                                                        the vaccine’s side effects over the next
    factor for funding. FEMA expects that
                                                        twelve months. IHS has signed memoranda
    FY–2003 funding will be allocated with
                                                        of understanding with Health Canada
    a certain base funding amount provided
                                                        and its Mexican counterpart to provide
    to each state, for example, $5 million.
                                                        support in times of national disaster. It is
    Funding over this base will be allocated
                                                        also looking at the role of the National
    based on population. Thus, without
                                                        Guard and Reserve Forces in bio-terrorism
    legislative intervention, tribal lands do
                                                        response in America.
    not appear to be in line for direct funding
    of homeland security improvements until         14. Department of Veterans Affairs (VA).
    FY–2004, at the earliest.                           The VA’s over riding mission is providing
                                                        medical care to veterans. It also provides
13. Indian Health Service (IHS). Under
                                                        back-up support to both the Public
    the Federal Emergency Response
                                                        Health Service (in the form of medical
    Plan, which coordinates disaster
                                                        personnel) and to the Department of
    response, the IHS supplies a broad
                                                        Defense (in the form of supplies and
    variety of health and emergency medical
                                                        logistics). The VA’s medical assets are
    services. The IHS is part of the Public
                                                                                                           Page 15
                                                                                                           NNALEA 2002
                                                                                                           Tribal Lands Homeland Security Report
                                           stationary fixed facilities. For that reason,   sufficient technical assistance. Many others
                                           victims will be brought to VA facilities        experience burn-out resulting in low
                                           rather than the VA going to disaster            retention rates. Lack of funding has also
                                           sites. Because the VA lacks trauma              left many Native American communities
                                           centers to treat violently caused wounds,       without Tribal fire departments and
                                           patients normally will be treated at            health services. With an influx in funding,
                                           another medical facility first. Once            many of the above obstacles to eliminating
                                           their condition is stable they can be           the vulnerabilities located on Tribal Lands
                                           transported to a VA hospital.                   can be overcome.

                                           Veterans Affairs is developing emergency        Summit participants believe that tribes
                                           response capabilities in the area of            should receive base funding to achieve
                                           decontamination of medical facilities,          parity with non-Indian communities for
                                           personnel and patients. However,                law enforcement and first responder
                                           national authorities are redefining its         capabilities, plus additional funding for
                                           precise role in the Federal Disaster            specific high-priority protection, and
                                           Response Plan. As part of the National          for response and recovery projects. They
                                           Disaster Management System, the Salt            felt that funding tribes on a per capita
                                           Lake City, Utah VA Hospital has signed          basis will not produce sufficient security
                                           cooperative agreements with 22 area             improvement. Instead, funding should be
                                           hospitals that will provide additional          sufficient to bring tribes up to a national
                                           bed space in emergencies. Each VA               minimum standard of law enforcement
                                           facility will have different capabilities.      and first responder manpower, equipment
                                           When making homeland security plans,            and training.
                                           the VA Office of Policy and Planning
                                                                                           Participants said it is also critical that
                                           (Washington, DC) should be contacted
                                                                                           federal agencies include Tribal Nations
                                           to determine exactly what capabilities
                                                                                           in law enforcement and first responder
                                           are available at local VA facilities. The
                                                                                           grant funding as they do State and local
                                           Policy and Planning Office can be
                                                                                           governments. They said, Tribal Nations
                                           reached at: (202) 273-5033.
                                                                                           should be included in the Department of
                                                                                           Homeland Security grants for homeland
                                        Needed Resources                                   security and the Department of Justice
                                        1. Funding. Most Native American commu-            grants administered by the Justice
                                           nities do not have adequate funding to          Assistance Grants program, which
                                           protect the critical infrastructure located     includes the Byrne and Local Law
                                           on Tribal Lands. Current funding for Tribal     Enforcement Block Grants programs.
                                           law enforcement and first responders            The Department of Justice, COPS Office
                                           lags well behind that for non-Tribal law        grants program is an excellent example
                                           enforcement and first responders. The           of a grants program that includes Tribal
                                           result is that many Tribal law enforce-         governments in the grant access language.
                                           ment and first responder systems lack           Participants strongly supported the con-
                                           personnel. In addition, some of the             cept of a legislative change that would
                                           personnel they do have lack training,           allow the Department of Homeland
                                           education, certification, experience, and       Security to directly fund tribes on a
                                                                                           Government-to-Government basis.
                      Page 16
                      NNALEA 2002
Tribal Lands Homeland Security Report
    In short, much vulnerability exists on              level incorporating the tabletop
    Tribal lands because Tribal communities             exercise approach in the curriculum.
    lack the resources to address these vulner-
                                                        Communities need to train and plan to
    abilities. The lack of resources is a direct
                                                        respond to denial of service attacks.
    result of inadequate funding. Inadequate
    funding has created a lack of law enforce-          For a community homeland security
    ment and first responder personnel, and             plan, to be implemented successfully,
    has also given rise to insufficient training        it requires high-quality management
    of existing human capitol, as well as               training that is focused on key proven
    greatly reducing technical assistance and           success factors. Some of these factors
    resources. As such, inadequate funding              requiring specialized training include
    is a major roadblock to the elimination of          human capitol management and strat-
    vulnerabilities on Tribal lands.                    egy, risk management, information
                                                        technology management, strategic
2. Training. Native American communities
                                                        planning and many other critical man-
    need more training and specific guidance
                                                        agement processes. These key success
    regarding their role in the National
                                                        factors will vary from community to
    Homeland Security Strategy and Defense.
                                                        community as will specific community
    The 2002 NNALEA Tribal Lands Homeland
                                                        homeland security plans. Therefore, strong
    Security Summit was just a starting
                                                        consideration needs to be given to
    point for such training and guidance.
                                                        using an academic training consortium
    Although, in 2003 NNALEA will include
                                                        specializing in Tribal law enforcement,
    a tract on “Homeland Security” training
                                                        first responder, and homeland Security
    at its national conference, many other
                                                        training. The Academic Center for
    training programs are needed. When
                                                        Excellence in Native American Law
    assessing homeland security training
                                                        Enforcement Training is a NNALEA
    needs, the following should be taken
                                                        partnership with Fort Lewis College,
    into consideration:
                                                        East Central University of Oklahoma,
      Trainers and planners need to think               the Federal Law Enforcement Training
      outside the box, in order to prepare              Center–Distance Learning Program,
      America for the next terrorist attack,            and the Boys & Girls Clubs of America.
      not the last one.                                 The partnership is dedicated to bring-
                                                        ing quality law enforcement, first
      Communities need to receive specific
                                                        responder, and homeland security
      training to clarify missions, develop a
                                                        training to Tribal communities.
      collaborative strategy, and to identify
      goals and objectives. In addition spe-       3. Equipment and Technical Assistance.
      cific training is necessary to establish        Community homeland security plans
      performance measures in preparation             vary greatly from one community to
      for attacks that utilize chemical,              another. Specific national standards
      biological, radiological and other              have not been established to indicate
      weapons of mass destruction.                    what specialized equipment and techni-
                                                      cal assistance a community needs to
      Decontamination procedures training
                                                      have to achieve an acceptable level of
      needs to be conducted at the local
                                                      homeland security preparedness. Tribal

                                                                                                     Page 17
                                                                                                     NNALEA 2002
                                                                                                     Tribal Lands Homeland Security Report
                                            communication systems, as well                 Technical Assistance:
                                            as the equipment of Tribal law enforce-
                                                                                                Tribal Nations generally do not have large
                                            ment, first responders and fire depart-
                                                                                                bureaucracies with embedded scientists/
                                            ments generally lack parity with their
                                                                                                experts or university communities which
                                            non-Tribal counterparts. Therefore,
                                                                                                can provide on-site technical assistance
                                            most Tribal Nations need additional
                                                                                                in the more sophisticated management,
   Within the context                       basic law enforcement and emergency
                                                                                                forensic, security and scientific skills needed
                                            response equipment and technical
of Homeland security,                                                                           to develop well-rounded tribal homeland
   the significance of                                                                          security programs. Therefore, obtaining
     Native American                        Summit participants made the                        a means for the technical assistance
                                            following comments regarding                        and expertise necessary for Tribal com-
    sovereignty lies in
                                            Tribal homeland security equipment                  munities’ homeland security planning
 the manner in which                        and technical assistance:                           and program development is needed.
    the Department of
                                                                                                Technical assistance needed by Tribal
   Homeland Security                     Equipment:
                                                                                                Nations can be provided through
 should interact with                        Many Tribal Nations have volunteer                 contract sources.
       Indian Nations.                       fire departments which must meet
                                                                                                On-site Tribal homeland security
   Indian leaders feel                       both their fire emergency and chemical
                                                                                                needs for specialized expertise can be
                                             emergency response calls. These
        a deep sense of                                                                         provided by circuit-riding experts who
                                             departments are generally in need of
     responsibility for                      a broad variety of equipment including,
                                                                                                can visit individual Tribal Nations and
                                                                                                inter-Tribal organizations to assist in
      the well being of                      but not limited to, personal safety
                                                                                                the development of homeland security
      members of their                       equipment, protective suits and
      Nation. This is a                      respiratory equipment.
                                                                                                Tribal Nations need contract resources
  cultural inheritance                       Tribal lands generally are in need of
                                                                                                familiar with Tribal governance and
     inseparable from                        basic communications equipment.
                                                                                                agencies to develop both written and
                                             Tribal communities’ homeland security
          being Indian.                                                                         electronic educational and program
                                             planning calls for a communication
                                                                                                implementation resources for distribution
           NNALEA Summit Report
                                             system that will enable integrated
                                                                                                to the community. The Academic Center
                       Page 22               communications with and between
                                                                                                for Excellence in Native American Law
                                             on-reservation and off-reservation
                                                                                                Enforcement Training is an excellent
                                             fire and police agencies, of which
                                                                                                resource for these Tribal homeland
                                             most Tribal communities need.
                                                                                                security needs.
                                             Most Tribal Fire Departments need basic
                                                                                           4. Jurisdictional Cooperation and
                                             response and fire equipment, from
                                                                                              Clarification. Providing homeland security
                                             hoses and nozzles to pump trucks.
                                                                                              and protecting critical infrastructure and
                                             Tribal law enforcement, first responders,        assets on Tribal lands is complicated
                                             medical providers and incident clean-            by crime and jurisdictional issues that
                                             up teams need a complete range of                frustrate law enforcement personnel, as
                                             emergency equipment from personnel               well as the Tribal, state and federal judicial
                                             protective gear to biohazard identification      systems. Indian Country jurisdiction,
                                             equipment and disposal devises.                  law enforcement and first responder
                                                                                              issues need to be clarified.
                       Page 18
                       NNALEA 2002
 Tribal Lands Homeland Security Report
Jurisdictional cooperation and clarification   Legislation with adequate funding
may, in part, be achieved by the following:    is needed to bring Tribal courts, law
                                               enforcement, and first responders to
 Development of legislative language
                                               parity with their non-tribal counterparts
 is needed that clarifies the right of
                                               relative to pay, equipment, education,
 Indian Nations to arrest, detain, and
                                               technical assistance, technology, and
 prosecute non-Native Americans com-
                                               jurisdictional authority.
 mitting crimes on Tribal reservations
 and trust areas.                              Legislation is needed that gives clarifica-
                                               tion of the Government to Government
 Uniform national standards are needed
                                               relationship between Tribes and the
 for law enforcement officer and first
                                               Federal government on issues relating
 responder training and certification.
                                               to the National Homeland Security
 States need facilitation and encourage-       Strategy and Defense.
 ment to enter into cross deputation
 agreements with Tribal Nations to
 facilitate the mutual sharing and
 support of peace officers, particularly
 in times of crises.

                                                                                             Page 19
                                                                                             NNALEA 2002
                                                                                             Tribal Lands Homeland Security Report
                                        SUMMIT GOALS
                                        Goal 4: Identifying Mechanisms for Cooperation

                                        A    s the Homeland Security strategy            How do Native Americans differ from
                                             encompasses our entire country,             the rest of America?
                                        cooperation between Native Americans
                                                                                         Native Americans are not a single group.
                                        and non-Native Americans is essential.
                                                                                         Each tribe has its own unique governments
                                        As a means to promote cooperation, the
                                                                                         whose goals, objectives, financial status and
                                        attendees of the NNALEA Summit suggested
                                                                                         problems differ one from another. Some tribes
                                        that non-Native Americans gain a better
                                                                                         are relatively affluent, others are very poor.
                                        understanding of Native Americans and
                                                                                         Tribal members’ goals, dreams, and aspirations
                                        their Tribes’ sovereignty rights, while Native
                                                                                         also differ as do their living arrangements.
                                        Americans gain a better understanding
                                                                                         Some Native Americans live on reservations
                                        of the Federal Government and the roles
                                                                                         and trust lands while others are integrated
                                        of states and local governments.
                                                                                         into America’s neighborhoods.

                                                                                         According to the Census Bureau, Native
                                        Understanding Native
                                                                                         Americans differ from the U.S. population
                                        Americans                                        generally by being younger, having higher
                                                                                         fertility rates, being poorer, and being subject
                                        Who are Native Americans?
                                                                                         to more violent crime than any other U.S.
                                        Native Americans (often called American          minority group. Thirty-nine percent of the
                                        Indians) are Americans who trace their           Native American population is under 20 years
                                        heritage to the original people of North         old with a median age of 26. The corresponding
                                        America. Each tribe sets its own criteria        figures for the nation as a whole are 29 percent
                                        for membership. There are 561 federally          and a median age of 33, respectively.16 Over the
                                        recognized tribes.13 Native Americans have       last decade the percentage of Americans claim-
                                        fought in every war in which the United          ing Native American ancestry has increased
                                        States has been involved. No fewer than          from 1 to 1.5 percent of the population.
                                        16 Native Americans have been awarded
                                                                                         Native Americans, as a group, have low
                                        the Medal of Honor, America’s highest
                                                                                         incomes. The median family income is about
                                        military decoration.14
                                                                                         $13,500 or 38 percent less than the median
                                        Native Americans [are] 1.5 percent (4.1          $35,335 of the average American family.
                                        million) of the U.S. population of 281.4         Thirty-one percent of Indian families live below
                                        million,15 which has grown 110 percent           the poverty line compared to 13 percent of
                                        since the 1990 census, compared with             American families as a whole.17 Within the
                                        13 percent for America as a whole. Native        Native American community, those who live
                                        Americans live in cities and towns through-      on reservations and trust lands administered by
                                        out America in addition to the four percent      the Bureau of Indian Affairs have the lowest
                                        of the American land designated as reserva-      incomes and a standard of living that would
                                        tions and trust areas. Native Alaskan corpo-     be unacceptable to most Americans. For
                                        rations own an additional 40+ million acres      example, the average per capita income for all
                                        in Alaska.                                       Native Americans was $8,328. For Native
                                                                                         Americans residing on reservations and trust
                      Page 20
                      NNALEA 2002
Tribal Lands Homeland Security Report
land that average was $4,478, varying from           Understanding Tribal
about $3,100 per person on the Pine Ridge            Sovereignty
(SD) and Tohono O’Odham (AZ) Reservations
to $4,718 per person on the Blackfeet (MT)           Indian Tribes are Sovereign Nations
Reservation. These differences in wealth will
                                                     Sovereignty is an international concept that
require relatively higher federal homeland
                                                     recognizes the power of a people to establish
security funding for poorer tribes.
                                                     political structures to govern themselves.
President Richard Nixon summarized the sta-          It means, according to Webster, “supreme
tus of Native Americans as, “ . . . the most         and independent political authority.”21 Tribal
deprived and most isolated minority group in         sovereignty is the history and cur-
our nation. On virtually every scale of meas-        rent practices that American
urement—employment, income, education,               Indian tribes have of managing
health—the condition of the Indian people            their own affairs.
ranks at the bottom.”18
                                                     It is vital that both federal and state
                                                     leaders understand the sovereignty
Where do Native Americans live?
                                                     inherently possessed by federally
About half of the Native American population         recognized Native American
live in neighborhoods throughout the United          nations and tribes. It is unique in
States, while the other half lives on reservations   our Nation. Without understanding
and trust lands that are administered by the         the Constitutional, treaty, statutory
Department of the Interior through its Bureau        and judicial basis for this sovereignty,           Native American mother and child from
of Indian Affairs (BIA). Although there are 314      elected and appointed homeland                         the Nez Perce Indian Reservation.

reservations and trust lands in the U.S., half       security officials will be hard pressed to effectively
the reservation population live on just 10 of        communicate with or understand the tribal
these. They are: Navajo Reservation and Trust        governments with which they must deal.
Lands (AZ, NM, UT); Pine Ridge (SD); Fort            Certainly, they risk being unable to harmoniously
Apache (AZ); Tohono O’Odham (AZ); Gila River         and effectively carry out their responsibilities.
(AZ); Rosebud (SD); San Carlos (AZ); Zuni
                                                     All Americans learn that, under the Constitution
Pueblo (AZ-NM); Hopi (AZ); and Blackfeet (MT).
                                                     of the United States, a federal relationship
Housing is of much poorer quality on tribal          exists between the United States and state
lands than throughout the rest of America.           governments. The federal government is
Twenty-six percent of the housing in these           supreme and obtains its power from the
communities lacks piped water, a toilet and a        consent of the citizens it governs.
bathtub or shower. While most of the country
is using the internet and preparing for high         Indian Nations “Higher Status”
speed digital access, 23 percent of rural Native     with the Federal Government
Americans lack basic telephone service.19 In
                                                     Indian tribes are the original Americans. They
1995, the Census Bureau concluded that
                                                     populated America well before European
American Indians living on Indian reservations
                                                     explorers and settlers arrived. The Constitution
“were as likely to lack complete plumbing
                                                     recognizes Indian tribes as separate, distinct
facilities in 1990 as all U.S. households were
                                                     and unique governments. Article 1, section 8,
in the 1950’s (sic).”20 (Italics are from the
                                                     clause 3, authorizes Congress to regulate
Census Report).

                                                                                                               Page 21
                                                                                                               NNALEA 2002
                                                                                                               Tribal Lands Homeland Security Report
                                        commerce with “foreign nations, among the          administrative policies protect the govern-
                                        several states, and with the Indian tribes.”       ment-to-government relationship between
                                                                                           the federal government and federally recog-
                                       According to the court in McClanahan v.
                                                                                           nized tribes. Cohen explains that, “Each
                                       Arizona Tax Commission, “Indian tribes have
                                                                                           Indian tribe begins its relationship with the
                                       inherent powers deriving from a sovereign
                                                                                           federal government as a sovereign power, rec-
                                       status. Their claim to sovereignty long pre-
                                                                                           ognized as such in treaty and legislation. The
                                                      dates that of our own govern-
                                                                                           powers of sovereignty have been limited from
                                                      ment.”22 Thus, the relationship
                                                                                           time to time by special treaties and laws.”25
                                                      between the U.S. government
                                                                                           Case law establishes that tribes reserve the
                                                      and Indian tribes is unique
                                                                                           rights they have never given away.
                                                      because Indian tribes derive
                                                      their powers from their sover-
                                                                                           The Government-to-Government
                                                      eign existence as well as
                                                      through delegation of power
                                                      from the federal government.23       Over the years, various Indian tribes (here-
                                                      As the Ninth Circuit declared        after referred to as Indian Nations in recog-
                                                      in 1965, “Indian tribes are, of      nition of their status as sovereigns with
                                                      course, not states; they have a      the right of self-determination and self
       Children embrace their Native heritage
                                                      status higher than those of          regulation) entered into agreements with
        through tribal costume and dance.
                                                      states. They are subordinate         the federal government. Sometimes, these
                                       and dependent nations, possessed of all pow-        agreements limit some external powers of
                                       ers as such, and limited only to the extent         the Indian Nation, for example, its power to
                                       that they are expressly required to surrender       enter into treaties with foreign govern-
                                       their powers by the superior sovereign, the         ments, in return for the U.S. government
                                       United States.”24                                   providing something to the Indian tribe.
                                                                                           Examples include guarantees of protection,
                                        Felix Cohen, wrote an extensive and authori-
                                                                                           peace, recognition of borders, continued
                                        tative tome entitled, Handbook of Federal
                                                                                           rights of self governance, land rights, etc.
                                        Indian Law for the Department of the Interior.
                                        According to Cohen:                                The Chippewa and Sioux Nations of
                                                                                           Minnesota, for example, were never
                                        The most basic principles of Indian law
                                                                                           conquered and yet entered into treaties
                                        supported by a host of decisions . . . is the
                                                                                           of peace and protection with the United
                                        principle that those powers which are lawful-
                                                                                           States. In Worchester v. Georgia, Chief
                                        ly vested in an Indian tribe are not, in general
                                                                                           Justice Marshall said,
                                        delegated powers granted by express acts of
                                        Congress, but rather inherent powers of a          “ . . . settled doctrines of the law of nations is that a
                                        limited sovereignty that has never been            weaker power does not surrender its independence—
                                        extinguished. What are not expressly limited       its right to self government—by associating with
                                        remains within the domain of tribal sover-         the stronger and taking its protection. A weak state,
                                        eignty (emphasis in the original source).          in order to provide for its safety, may place itself
                                                                                           under the protection of one more powerful, without
                                        The Constitution of the United States, 371
                                                                                           stripping itself of the right of government and ceasing
                                        Nation-to-Nation treaties (between the
                                                                                           to be a state. Examples of this kind are not wanting
                                        federal government and Indian tribes), federal
                                                                                           in Europe. The Cherokee nation, then, is a distinct
                                        statutes, case law, executive orders and other
                      Page 22
                      NNALEA 2002
Tribal Lands Homeland Security Report
community occupying its own territory, with bound-     importantly, we have turned from the question
aries accurately described, in which the laws of       of whether the federal government has a
Georgia can have no right to enter, but with the       responsibility to Indians to the question of
assent of the Cherokees themselves, or in conformity   how that responsibility can be furthered.27
with treaties, and with the acts of Congress. The
                                                       Beginning with the administration of President
whole intercourse between the United States and
                                                       Nixon, the federal policy toward tribes has
this nation is, by our Constitution and laws, vested
                                                       been to support tribal sovereignty and tribal
in the government of the United States.”26
                                                       self determination. President George W. Bush
Tribal sovereignty is more than of historical          has continued this time-honored policy.
interest. Over several decades, the U.S.
Supreme Court and lower federal courts have            Tribal Sovereignty and the
applied the principles of Indian sovereignty           Department of Homeland Security
to determine: the authority of tribal courts,
                                                       Within the context of Homeland security, the
criminal jurisdiction, extradition, licensing,
                                                       significance of Native American sovereignty
sovereign immunity and taxation. Tribal
                                                       lies in the manner in which the Department
sovereignty, in short, means four things:
                                                       of Homeland Security should interact with
1. Tribes are sovereign nations possessing             Indian Nations. Indian leaders feel a deep
     the right of self governance,                     sense of responsibility for the well being of
                                                       members of their Nations. This is a cultural
2. Native American tribes have a Government-
                                                       inheritance inseparable from being Indian.
     to-Government relationship with the
     federal government,

3. Only Congress has the power to regulate
     Indian affairs and change agreements and
     the conditions affecting Native American
     nations, and

4. State governance within Indian Country
     is limited.

Presidential Support of Native
American Self Determination

In 1970, President Richard Nixon recognized              Presentation from Summit President Jim Wooten
                                                               to Brad Buckles, Director of BATF.
that past federal Indian policy vacillated
between the two extremes of paternalism
                                                       Therefore, NNALEA recommends that the
and forced termination of the federal trustee
                                                       Department of Homeland Security open
relationship with Native American Tribes.
                                                       channels of communications directly with
He felt that it,” . . . must be the goal of any
                                                       Native American nations. Through these
new policy toward the Indian people to
                                                       channels, it must discuss how to improve
strengthen the Indian’s sense of autonomy
                                                       homeland security on tribal lands. Successful
without threatening his sense of community.”
                                                       application of this approach will result in
He suggested, “a policy in which the federal
                                                       producing seamless security at low cost. Both
government and the Indian community play
                                                       the Department of Homeland Security and
complementary roles,” and states that “Most
                                                                                                         Page 23
                                                                                                         NNALEA 2002
                                                                                                         Tribal Lands Homeland Security Report
the Indian nations have the same goal—            However, it will be difficult for Indian nations
improved homeland security at reasonable          to work through these entities. Although
cost. The Department’s strategic leadership       this difference may appear small, it may be
will be strengthened by receipt of the detailed   the difference between success and failure
knowledge of Indian lands and their vulnera-      in providing effective homeland security for
bility, possessed by the Indian Nations.          Native American communities.

The alternative, attempting to communicate,       Funding homeland security improvements in
fund or interact with Indian communities          states but not on Indian lands is not a viable
through states will take longer and possibly      alternative to working with Indian nations for
create unnecessary roadblocks, such as:           two reasons:

      legal issues regarding lack of state        1. The potential of a catastrophic
      authority on Tribal lands, and                  impact (beyond just the reservation)
                                                      of successful attacks on vital targets
      insensitivity to the legal and cultural
                                                      on Tribal lands.
      history of Indian sovereignty.
                                                  2. Every successful effort to harden sites
In sum, NNALEA advises that homeland
                                                      outside Tribal lands will increase the
security planning and funding not be passed
                                                      vulnerabilities of people, assets and
through states to Indian nations, but be
                                                      infrastructure on Tribal lands as they
provided directly to Indian nations either
                                                      remain softer targets easier for terrorists
individually or in regional consortiums or
                                                      to successfully attack.
similar groupings. The Indian nations are eager
to work with state and local governments to
reduce duplication and expense and to provide
America with seamless homeland security.
Goal 5: Defining Next Steps for Moving Forward

T   he final goal targeted and achieved by the           contact for the Indian Tribes. This unit
    attendees of the NNALEA Summit, was to               should be the conduit for the distribution
determine the next steps for moving forward              of the tribal share of homeland security
with homeland security on Tribal lands. The              funding directly to the Tribal governments
attendees made numerous recommendations,                 involved. Such would also be in accordance
several of which are set forth below. In addition,       with the principle of tribal self-governance.
this report concludes with a summary of
                                                     3. Apportion homeland security funds
NNALEA’s Homeland Security Summit
                                                         based on the cost of reducing specific
Assessment Model.
                                                         priority vulnerabilities, not solely on
                                                         population or other criteria.
General Recommendations
                                                     4. Develop a homeland security emergency
For seamless communications between                      communications system and frequency
federal, state, and local governments when               that all levels of government—federal,
working with tribal governments on homeland              tribal, state, and local—have access to
security issues:                                         and which provides two-way communi-
1. View Indian nations as separate entities              cation of terrorist alerts, notification of
    because each is unique.                              natural and man made disasters, and
                                                         relevant operational intelligence.
2. Communicate directly with Indian nations.
                                                     5. Encourage state and local governments
3. Provide funding directly to Indian nations.           to enter into mutual support agreements
4. Strengthen lines of communication                     with tribal governments to share compli-
    between tribal governments and non-                  mentary resources in times of crises.
    tribal emergency and law enforcement             6. Encourage state and local jurisdictions
    agencies.                                            to establish agreements with tribal
5. Address liability and jurisdictional                  governments that cross deputize and
    issues that limit the ability of state,              provide certified Indian Police Officers
    local and Tribal law enforcement groups              equivalent status to other police officers.
    to work together.
                                                     Recommendations for the
Recommendations for                                  Department of Justice:
the Department of                                    1. Develop legislative language that clarifies
Homeland Security:                                       the right of Indian nations and tribes
                                                         to arrest, detain, and prosecute non-
1. Develop a comprehensive list of potential
                                                         Native Americans committing crimes
    terrorist targets within the Tribal lands as
                                                         on reservations and other Tribal lands.
    well as the rest of the United States.
                                                     2. Develop uniform national standards for
2. Establish a coordination unit within the
                                                         law enforcement officer and first responder
    Department to provide a single point of
                                                         training and certification.
                                                                                                         Page 25
                                                                                                         NNALEA 2002
                                                                                                         Tribal Lands Homeland Security Report
                                        3. Encourage States to enter into agreements       Homeland Security Strategic Plan when
                                            with Tribal governments to cross deputize      developing their respective community
                                            and to facilitate the mutual sharing and       homeland security strategic plan. The following
                                            support of peace officers, particularly in     examples will assist in the process:
                                            times of crises.
                                                                                           1. The July 2002 National Homeland
                                                                                               Security Strategic Plan is but a start.
                                        Recommendations for NNALEA:                            From its five-year perspective, the
                                        1. Distribute and update the “NNALEA                   national annual plan is designed to
                                            Homeland Security Assessment Model.”               incrementally improve homeland security.
                                                                                               Planning extends to individual communi-
                                        2. Assist Indian Tribes with the NNALEA                ties which can then develop their own
                                            homeland security assessment process.              five-year strategic plans. These plans
                                        3. Develop and provide tribal law enforcement          incrementally improve local homeland
                                            and tribal first responder homeland security       security and defense by defining annual
                                            training.                                          goals and objectives.

                                        4. Continue to provide a forum for the             2. The National Homeland Security Strategic
                                            discussion of tribal homeland security.            five-year Plan has been disseminated by
                                                                                               the federal government to tribal, state and
                                        5. Lead in the development of a strategic home-        local governments. Likewise, communities
                                            land security defense plan for Tribal lands.       can disseminate their respective five-year
                                        6. Post links on the NNALEA website to                 strategic plans to federal, state, and local
                                            pertinent homeland security websites.              governments, law enforcement, first
                                                                                               responders, and citizens within their
                                        7. Provide technical assistance to Indian              respective boundaries.
                                            Tribes relative to homeland security.
                                                                                           3. The National Homeland Security
                                        8. Continue to promote partnerships                    Strategic Plan should at a minimum be
                                            that facilitate Indian Tribes’ role in the         evaluated at a national level biannually
                                            National Homeland Defense strategy.                through embedded accountability
                                                                                               criteria. In addition, it is important
                                        Recommended Next Steps:                                for communities to embed similar
                                        Strategic Planning for Tribal                          accountability criteria into their respec-
                                                                                               tive homeland security strategic plan.
                                        and Non-Tribal Communities:
                                                                                               These criteria will enable evaluators to
                                        The National Homeland Security Strategic               regularly monitor and report the progress
                                        Plan needs to be flexible and fully implemented        and compliance with the National
                                        at all levels of government and the private            Homeland Security Strategic Plan.
                                        sector. Development of the National Strategic
                                        Plan is an ongoing iterative process that          4. National accountability criteria data is
                                        requires a great deal of patience and hard             collected through exercises, experiences,
                                        work. Collaboration clarifies priorities, focus,       intelligence, and accomplishments. The
                                        funding levels, formulas and other key proven          data provides feedback enabling adjustment
                                        success factors. NNALEA recommends that                to the National Homeland Security
                                        communities mirror the evolving National               Strategic Plan in a timely fashion. As
                                                                                               milestones of the plan are achieved,
                      Page 26
                      NNALEA 2002
Tribal Lands Homeland Security Report
    funding is freed to improve other vital      The NNALEA Homeland
    needs. Similarly, communities with           Security Improvement Model
    accountability criteria designed into
                                                 The NNALEA Homeland Security Improvement
    their respective homeland security
                                                 Model was designed to assist communities in
    strategic plan will collect data through
                                                 the development and improvement of their
    local exercises, experience, intelligence,
                                                 respective community homeland security
    and accomplishments. Thereby, enabling
                                                 strategic plan. The NNALEA model is flex-
    adjustments to the communities’ home-
                                                 ible, adaptive, timely and reactive to
    land security plan in a timely manner,
                                                 the National Homeland Security
    freeing funding for other vital needs.
                                                 Strategic Plan. As the national
5. During the five-year tenure of a National     strategic plan evolves and
    Homeland Security Strategic Plan, staff      changes based upon collab-
    from all levels of government continuously   orative analysis and chang-
    monitor, review and evaluate the national    ing world events, the use
    plan. Based upon input from federal,         of the NNALEA Homeland
    Tribal, state, and local governments,        Security Improvement Model
    agencies, the private sector, national       will empower a community
    and international intelligence sources,      to be in step with the
    world events, and non-governmental           National Homeland Security
    organizations, the National five-year        Strategic Plan and to fit
    Strategic Plan continually evolves. The      seamlessly into the fabric
    five-year tenure of a respective community   of the National Homeland
    homeland security strategic plan, will       Security Strategy and Defense.
    utilize national guidance along with
    grassroots input to develop and evolve
    their respective plan.

6. At the end of a five-year strategic plan,
    the process normally begins anew.
    However, a variety of national or world
    events may require that a national and/or
    community five-year homeland security
    strategic plan be extensively revised or
    replaced with a new strategic plan. This
    flexibility is crucial.

                                                                                               Page 27
                                                                                               NNALEA 2002
                                                                                               Tribal Lands Homeland Security Report
                                        NNALEA HOMELAND SECURITY
                                        ASSESSMENT MODEL

                                        I nternational and domestic terrorism is a         assessment model will help simplify the process
                                          part of life in 21st century America. As         of requesting funding for specific improvements.
                                        many of our Summit attendees pointed out,          It will also provide the information to strengthen
                                        Native Americans are no strangers to terrorism.    the case for why specific efforts should be
                                        As one attendee stated, “Native Americans          funded. The overall goal is to assist tribal
                                        are experts on the impacts of losing the war       governments in preventing terrorist attacks.
                                        for homeland security. We have a long history      Where that is impossible, the goal is to provide
                                        of military service to the United States in        a method to reduce vulnerability, limit damage
                                        foreign wars. Our challenge now is at home,        and speed recovery from successful attacks.
                                        in our communities. To maintain our freedom
                                                                                           As discussed throughout the “Tribal Lands
                                        and liberty, both the United States and our
                                                                                           Homeland Security Summit,” which refined
                                        Indian Nations must remain open, but we
                                                                                           this model, the evaluation process is simple
                                        must increase our preparations and vigilance.”
                                                                                           in its construction, but complex in its details.
                                        We cannot provide, let alone afford, 100 percent   Only by following a structure where we
                                        protection for every possible terrorist target.    understand the threat and our vulnerabilities,
                                        Our challenge is to develop interconnected,        assess and prioritize our risk, inventory our
                                        reinforcing and complementary systems,             equipment and strengths, and seek cooperative
                                        both within and outside tribal lands that          agreements with others to share resources in
                                        protect our communities and ensure that            emergencies, can we develop and price a list
                                        essential requirements and services are            of the capabilities that are needed. This
                                        provided that avoid unnecessary duplication.       process leads to a prioritized list of necessary
                                        This security model provides a process for         capabilities that is easily defended to federal
                                        enhancing emergency services and securing          and state officials seeking to best distribute
                                        our communities while cooperating with             homeland security funding.
                                        local, state and federal governments, as
                                        together we strive to protect our Homeland.        I. Understanding the Threat27
                                        NNALEA drafted this five-part “Homeland
                                                                                           What is homeland security?
                                        Security Assessment Model” to provide
                                        structure to the Summit and to provide Tribal      Homeland security is a concerted national
                                        leaders a beginning point from which security      effort to prevent terrorist attacks within the
                                        needs could be assessed and improvements           United States, reduce America’s vulnerability
                                        made. Its ultimate purpose is to assist tribal     to terrorism, and minimize the damage and
                                        leaders, emergency response planners, law          recover from attacks that do occur.
                                        enforcement officials, and owners and operators
                                        of likely targets in working together to provide   What is terrorism?
                                        safety and security for Tribal lands, and in
                                                                                           Terrorism is any premeditated, unlawful act,
                                        turn our country as a whole. We believe that
                                                                                           dangerous to human life or public welfare
                                        completion of an assessment, like this model,
                                                                                           that is intended to intimidate or coerce civilian
                                        assists tribes and communities in taking
                                                                                           populations or governments. This covers kid-
                                        stock of both their resources and needs. The
                                                                                           nappings; hijackings; shootings; conventional
                      Page 28
                      NNALEA 2002
Tribal Lands Homeland Security Report
bombings; attacks involving chemical, biological,   Rationalization allows terrorists to overcome
radiological, or nuclear weapons; cyber attacks     feelings of hopelessness by creating an alternate
and other forms of violence. Terrorists can be      view of reality that justifies direct violent
U.S. citizens or foreigners, acting alone, in       action. This weltansuang or world view can
concert with others, or on behalf of a hostile      be either religious or secular. For example,
nation or group.                                    it can take the form of a unique religious
                                                    interpretation of scripture that promises a
Who are potential terrorists?                       return to a purer, holier state or admission
What are their motivations?29                       to paradise. Alternatively, it can be based
                                                    on a theory of economic materialism or eco-
Public statements and the philosophies
                                                    logical determinism that promises the creation
expressed by terrorist organizations indicate
                                                    of a Utopian state. In either case, the use of
that the key to understanding the terrorist
                                                    rationalization provides a goal that energizes
mindset lies in the terrorists’ feelings of
                                                    terrorists repressing their feelings that life
exploitation and vulnerability. Generally,
                                                    is hopeless.
terrorists view themselves as oppressed
people. Their violent activities appeal primarily   Identification appears to be the cement
to individuals and groups living on the             that holds terrorist organizations together.
economic and social margins of their societies.     All members share, and identify with, the
Terrorist leaders and followers alike share a       belief that they are persecuted by others
sense that people from outside their immediate      who are inherently evil. They also share a
group have used unfair means to take what is        Utopian rationalization to justify their
rightfully theirs. They also appear to believe      actions. Often they identify with symbolic
that non-violent means of redressing their          figures, e.g. great religious or political leaders,
grievances are not available to them or would       who overcame persecution and triumphed
be ineffective. Even though some terrorist          by using the same rationalization they seek
leaders are well educated, they and members of      to apply.
their groups espouse a simplistic view of how
                                                    The result is groups whose view of the
society operates. To them, society is hopelessly
                                                    world is markedly divorced from what
corrupt and their sense of hopelessness turns
                                                    most would recognize as reality. The leaders
into rage and hatred and motivates them to
                                                    of such groups fabricate their world view
seek extreme remedies.
                                                    to justify violent actions. Such leaders are
Based on their public statements, terrorists        often reclusive, narcissistic and schizoid.
appear to use three psychological defense           Their followers are often young, naive,
mechanisms to ward off their feelings of            dependent and eager to share the better
vulnerability and hopelessness. These are           life their leaders promise. In this process
projection, rationalization and identification.     they accept the leader’s view as their
Projection is attributing a person’s feelings to    reality.
someone else. Thus, terrorists divorce them-
                                                    Domestic Terrorists—Within the United
selves from their own feelings of hatred and
                                                    States, for example, there have been both
rage by ascribing them to their perceived
                                                    left- and right-wing terrorist organizations.
enemies. They falsely believe that their
                                                    These domestic terrorists have tried to use
perceived exploiters intend to destroy them.
                                                    violence against civilians to start a revolution
Thus, they believe that they must destroy
                                                    and bring down the government.
their exploiters by any means available.
                                                                                                          Page 29
                                                                                                          NNALEA 2002
                                                                                                          Tribal Lands Homeland Security Report
                                        Foreign Terrorists—On the international             one-on-one; most will be designed to produce
                                        level, Al-Qaeda has developed a powerful            mass casualties and carnage. While use of
                                        clandestine network that has two goals: the         weapons of mass destruction is the goal of
                                        removal of Western influence from the Middle        the sophisticated terrorist groups with foreign
                                        East, and the eventual establishment of a           government backing and global reach, most
                                        fundamentalist Islamic world order.                 attacks will be by more conventional means.
                                                                                            For all its destruction, the attacks on the World
                                        To many of us, these goals may not be very
                                                                                            Trade Center and Pentagon were conventional—
                                        realistic nor do they justify harming innocent
                                                                                            a plane used as a flying bomb or missile.
                                        civilians. However, terrorists believe they
                                        are battling injustice. Their goals, however        First responder systems, communications,
                                        unrealistic in the opinion of others, provide       plans, equipment, training, and hospital
                                        them with what they feel is a justification         support will support the recovery from any
                                        for extreme acts of political violence.             weapons producing mass casualties. They
                                                                                            also can produce benefits, on a daily basis, in
                                        What are likely terrorist methods?                  areas under served by the health care system.

                                        In order to achieve their goals, terrorists
                                                                                            What are likely effects?
                                        normally organize themselves into clandes-
                                        tine cells of a few members each. The cells         By unexpectedly attacking civilians through
                                        are connected by a common ideology and by           seemingly random acts of extreme and dramatic
                                        an elaborate, but well disguised, system of         violence, terrorists hope to use a combination
                                        communication and finance. Often there are          of psychological and economic impacts to
                                        several levels of intermediaries between cells.     accomplish their political goals. Psychologically,
                                        This prevents members of different cells from       terrorists want the target population to become
                                        knowing one another or knowing the location         preoccupied with grief and be overcome by the
                                        of other cells. The lack of direct communication    fear of future attacks. They desire the population
                                        between cells makes it very difficult for govern-   to live in a state of continual post-traumatic
                                        ments to locate and remove terrorist organiza-      stress, constantly feeling vulnerable, and
                                        tions from society and prevent terrorist attacks.   eventually believing that the battle against
                                        To complicate matters, most terrorist cells are     terrorism is hopeless and never-ending. By
                                        “asleep” most of the time. Their members            attacking highly visible targets and receiving
                                        hold jobs or are students in local communities.     news media coverage, terrorists hope to
                                        They do everything they can to blend into the       multiply the effects of their attack throughout
                                        population. It is only when they are activated      the population.
                                        by a more-or-less centralized command
                                        structure that these “sleeper cells” finalize       Terrorists seek to cause three
                                        and implement their violent agenda.                 types of economic damage:

                                        Terrorists will apply the full range of weapons     1. The direct economic impact of their acts.
                                        available to them—knives, sharpened objects,            It’s difficult to estimate the economic
                                        guns, improvised explosive devices, shoulder-           impact of the attack on the World Trade
                                        fired missiles, weapons of mass disruption,             Center and the Pentagon. There was a
                                        attacks on computer systems, and weapons of             significant loss of human life and a clear
                                        mass destruction such as chemical, biological           disruption of business and government
                                        and nuclear weapons. Few attacks will be                which is hard to quantify. However, the

                      Page 30
                      NNALEA 2002
Tribal Lands Homeland Security Report
    damage to the buildings alone and the         The first step in fighting terrorism is to
    cost of cleanup has been estimated at         isolate the terrorist organization from com-
    more than $30 billion.                        munity support. Governments must make it
                                                  clear, through public statements and actions,
2. The cost of combating future terrorist
                                                  that they are pursuing individuals planning and
    acts. The Department of Homeland
                                                  performing violent acts, not ethnic or religious
    Security, for example, will likely have an
    annual budget in the tens of billions of
                                                  groups or peaceful political organizations.        “We (Native
    dollars. Additional homeland security         The second step is to develop cooperation          Americans) have
    expenditures by other federal, state,         between all levels of government, the private      a long history of
    tribal and local agencies and the expense     sector and citizens’ organizations by imple-       military service to
    of interdicting terrorists abroad will add    menting an economically feasible and prioritized
                                                                                                     the United States
    to the costs included in the budget of        system of homeland security. Terrorist cells
    the Department of Homeland Security.          can be activated at any time to attack targets,    in foreign wars.
                                                  produce fear and draw the attention of the         Our challenge now
3. The impact on the wider business and
    financial community. Feelings of vulnera-
                                                  news media. Trying to protect all potential        is at home, in our
                                                  targets all the time would be prohibitively
    bility lead to a lack of confidence and                                                          communities. To
                                                  expensive and, ultimately, impossible. All
    willingness to take risks. These affect
                                                  levels of government must work together
                                                                                                     maintain our freedom
    business purchases, stock markets and                                                            and liberty, both the
                                                  with private industry and citizens’ groups to
    broad sectors of the international economy,
                                                  protect first those targets that would do the      United States and
    leading to a general economic slowdown.
                                                  most damage to our people and the economic         our Indian Nations
    The impact of the World Trade Center
                                                  base, upon which our society depends.
    attack on the airline and travel industries                                                      must remain open,
    is a powerful example of how fear can         The third step, occurring simultaneously           but we must increase
    create an economic multiplier effect.         with the first two, is to prevent terrorist
                                                                                                     our preparations
                                                  attacks. Our best defense is to deter terrorists
Terrorists hope that these combined psycho-
                                                  from attacking us. We seek to disrupt terrorist
                                                                                                     and vigilance.”
logical and financial impacts will exhaust the
                                                  cells and larger organizations to keep them
resources of their targets and lead them to                                                          NNALEA Summit Report
                                                  off balance, degrade their capabilities, and       Page 26
recognize the terrorists, negotiate their
                                                  uncover and frustrate their plans. National
demands or capitulate to those demands.
                                                  and international law enforcement agencies, the
                                                  courts, military, and intelligence organizations
What will it take to secure our nation?
                                                  have the lead in this effort. They must pursue,
Terrorism can be effectively controlled and       arrest, interrogate, and incarcerate members
eventually defeated by a concerted national       of terrorist organizations. Their financial
effort. The federal (executive, legislative and   assets must be seized and communications
judicial branches) government, tribal govern-     and supplies disrupted.
ments, state and local governments, private
                                                  Public vigilance and reporting of suspicious
business and industry, and the American
                                                  acts is an important multiplier for the efforts
people all have a role to play. The Department
                                                  of these agencies. Muslim citizens, in whose
of Homeland Security is but a single player.
                                                  communities some terrorists hide, need to
Our country belongs to all of us. It will take
                                                  support America by reporting their concerns.
each of us working together, helping one
                                                  As President Bush has said, millions of pairs
another and coordinating our efforts to
                                                  of eyes being more vigilant and aware as we
protect our country at a cost we can afford.
                                                                                                     Page 31
                                                                                                     NNALEA 2002
                                                                                                     Tribal Lands Homeland Security Report
                                        go about our daily lives inspire fear in             providers, public works personnel, and emer-
                                        terrorists and ultimately prevent attacks            gency management officials and the equipment
                                        on our communities.                                  and systems they depend on.

                                        As one federal agent attending the Summit            Recover from attacks—We must build
                                        pointed out, “Terrorism is just another criminal     and maintain financial, legal and social systems
                                        enterprise. Although its members are dangerous,      to recover from acts of terrorism. This includes
                                        both fanatical and suicidal, it operates like any    preparations to protect and restore institutions
                                        other criminal enterprise. It requires logistics     needed for economic growth and confidence,
                                        and command and control to succeed. Terrorist        rebuild destroyed property, assist victims and
                                        operators-bombers, pilots or other front-line        their families, heal psychological wounds,
                                        operatives, appear just before the act is to         demonstrate compassion and recognize we
                                        occur. Intercepting their communications             cannot always return to pre-attack status.
                                        and their logistic support equipment, and
                                        destroying their financing will disrupt their
                                                                                             II. Defining Vulnerabilities
                                        attacks and break their organization. Thus,
                                        it is a war that can be won even though it           Organize the Process—What has already
                                        may take several years for intelligence and          been done? Who are our local experts?
                                        law enforcement to fully adapt and hone
                                        their techniques.”                                   Involve all interested local parties and agencies,
                                                                                             and include private corporations. Be inclusive,
                                           Reduce our vulnerability—by a systematic,         not exclusive; the more who become involved,
                                           comprehensive and strategic effort (between       the wider the pool of expertise and information
                                           governments and the private sector) to identify   available to assess vulnerabilities and plan actions.
                                           and protect our critical infrastructure and key
                                                         assets, detect terrorist threats    Determine what the state and federal govern-
                                                         and augment key assets. We          ments are doing, for example, what is the
                                                         must balance the benefits of        Federal Response Plan and how does it effect
                                                         reducing risks against both eco-    your jurisdiction? Is there a state Emergency
                                                         nomic costs and infringements       Operations Plan? Does your state have an
                                                         on individual liberty that might    Emergency Coordination Center? Does your
                                                         be entailed. These decisions        state have an Emergency Response Commission
                                                         must be made by politically         or agency? (The state of Alaska has a Terrorism
                                                         accountable leaders exercising      Disaster Policy Cabinet that integrates all of
                                                         sound judgment with informa-        these capabilities and more.)30 Determine
                                                         tion provided by top-notch          whether your jurisdiction has been included
                                                         scientists, law enforcement and     or overlooked. What vulnerabilities have already
The SuAnne Big Crow Boys & Girls Club, located on                                            been identified? For example, The Federal Office
                                                         intelligence sources, medical
the Pine Ridge Reservation in Pine Ridge, South Dakota.
                                                         experts, and engineers.             of Homeland Security within the Executive
                                                                                             Office of the President is building a nationwide
                                        Minimize damage—We must prepare                      listing of critical potential targets, and the State
                                        to manage the consequences of successful             of Oklahoma is conducting a statewide threat
                                        terrorist attacks. This involves improving           and vulnerability assessment that will include a
                                        the system and preparing the individuals             needs and capabilities assessment of law enforce-
                                        who will respond to acts of terror. These are        ment, fire service, public works, emergency
                                        police officers, firefighters, emergency medical     medical services, public health systems and
                      Page 32
                      NNALEA 2002
Tribal Lands Homeland Security Report
agriculture. The state intends to assist urban        Government Building and Facilities
and rural first responders in obtaining equipment
                                                          archives—public, semipublic,
and training through federal grants.31
                                                          ecclesiastical, historical

Consider possible targets                                 historic monuments and sites

Identify which facilities and locations would             military armories, equipment facilities,
produce great loss of life or damage, symbolically        reserve centers
attack the government or in other ways make
                                                          municipal water systems, supplies,
news and gain attention for terrorists. Include:
                                                          filtration plants

Commercial Activities                                     post offices

      banks                                               public works and utilities plants, line
                                                          systems, nets and connecting grids
      communications facilities and towers
                                                          radioactive waste, garbage and refuse
      gasoline stations
                                                          disposal system
      natural gas works and major users
                                                          sewage collection systems and
      hazardous material storage facilities               disposal plants

      hospitals                                           schools

      major industrial users of water/potential           storm drainage systems
      polluters (paper mills, linoleum factories)
                                                          telephone exchanges, long-line systems
      manufacturing industries (type, location)           and connecting grids

      reservoirs and water treatment facilities           international/intercontinental wire and
                                                          submarine cables
      processing industries (types and location)

      retail weapons sales, storage facilities,       Population Centers
      ammunition caches, dynamite sellers
      and users
                                                          community centers, churches
      sports stadiums and facilities
                                                          (particularly of minority religions)

Energy Infrastructure                                     convention centers

      dams and hydroelectric power plants                 tourist attractions

      gas and oil pipelines
                                                      Transportation Infrastructure
      coal, nuclear, solar power generating
                                                          airports and air fields—location size,
      plants, distribution systems, grids
                                                          runway length and capacities of all
      power lines
                                                          bridges and overpasses
      gasoline, natural gas, oil storage facilities
                                                          harbors and ports, port services and
      and tank farms
                                                          repair facilities
                                                                                                     Page 33
                                                                                                     NNALEA 2002
                                                                                                     Tribal Lands Homeland Security Report
                                              railroads—locations of switch yards,            Assess Vulnerabilities
                                              major terminals, tunnels                        and Risks32
                                                                                              Determine potential severity and likelihood
                                                                                              of damage or attacks. Use a Risk Assessment
                                              power sources, transmission facilities, grids   matrix to gauge the severity of consequence
                                                                                              against the probability of attack to help
                                              radio and TV transmitting stations
                                                                                              prioritize the most significant vulnerabilities
                                              (number, type, and location), channels,
                                                                                              for remediation.
                                              frequencies, trunk lines

                                              water control and supply                        Develop Severity Measures, such as:

                                              sewage and waste disposal systems                     Severity Level RED—Serious loss
                                                                                                    of life, casualties beyond ability of
                                        Inventory and Assess Potential Targets                      regional hospital system to cope; loss
                                                                                                    of critical asset or function; significant
                                        As targets are identified, the inventory should
                                                                                                    impairment of health and safety over
                                        include information on: what the target is,
                                                                                                    a wide area.
                                        what its vulnerabilities might be, its location
                                        with map references, grid coordinates, or                   Severity Level ORANGE—Loss
                                        latitude and longitude, what environmental                  of life in a limited area; large number
                                        hazards does it represent, what is its size,                of hospitalizations within capability
                                        who owns it, who is the security point of                   of tribal/local/regional government;
                                        contact, how can they be contacted (i.e.                    loss of equipment, capacity or facilities
                                        telephone, fax and pager numbers, mailing                   requiring weeks or months to repair
                                        and e-mail addresses). In addition:                         or replace; significant disruption to
                                                                                                    living conditions and commerce in a
                                              Assess the potential target by physical
                                                                                                    substantial area.
                                              visits that catalog vulnerabilities (private
                                              facilities may have completed such an                 Severity Level YELLOW—loss
                                              assessment)                                           of life or severe injury to (insert number)
                                                                                                    or fewer people; deaths and injuries
                                              Determine causes of the vulnerability,
                                                                                                    can be handled locally without strain-
                                              the potential effects exploiting the
                                                                                                    ing facilities; limited or minor systems
                                              vulnerability, and any low or no cost
                                                                                                    disruptions of fewer than 72 hours;
                                              “fixes” that might improve its security
                                                                                                    no substantial danger to most of
                                              Develop simple emergency scenarios—                   population
                                              Conventional attacks (explosives, fire),
                                                                                                    Severity Level PURPLE—no loss
                                              cyber attacks, biological, and chemical
                                                                                                    of life; few serious injuries; no asset
                                              attacks (these will be used in making
                                                                                                    loss or system disruption for more
                                              risk assessments as well as in exercises
                                                                                                    than 24 hours; damage covers a small
                                              to test actual responses). As emergency
                                                                                                    and easily controlled area
                                              response activities mature, these scenar-
                                              ios can be increased in complexity and
                                              coverage area to test inter-jurisdictional
                                              communication, coordination and
                      Page 34
                      NNALEA 2002
Tribal Lands Homeland Security Report
Develop Probability Categories,
such as:

      Frequent—Possibility of repeated

      Probable—possibility of isolated

      Occasional—Possibility of occurring

      Remote—not likely to occur

      Improbable—practically impossible

Analyze Counter Measures, Costs,                    III. Identifying Resources—
and Technical Tradeoffs                                  Available and Needed
This analysis works best when the team has
                                                    Resources probably available include:
a variety of skills represented (for example, a
team might consist of an engineer, analyst,               maps of the area with key facilities noted
law enforcement officer or security specialist,
                                                          aerial photography—available on the
local political official, business leader, health
                                                          U.S. Geological survey website
care professional, etc.)
                                                          completed civil defense plans
      Develop solutions to reduce identified
      vulnerabilities.                              Discuss planning and resources with, as
                                                    many key officials and leaders as possible,
      Determine costs (money, manpower,
                                                          local police and fire departments and
      Decide to accept risk, eliminate it, or
                                                          those in adjacent localities; explore
      control it.
                                                          possibility of mutual support agreements
      Prioritize efforts (highest impact efforts
                                                          utility owners (water, electricity, gas)
      first)—For example, the state of Alaska
                                                          including their security plans
      recognizes that the immediate threat
      of the terrorist use of nuclear and radio-          public work offices
      logical devices is lower than the threat
                                                          public sanitation officials
      of the use of chemical, biological,
      explosive and incendiary devices. Thus              local FEMA representative
      it has prioritized its financial resources
                                                          hospitals, emergency care and
      to upgrade its response abilities to
                                                          emergency response personnel
      reduce these dangers first.33
                                                          school officials

                                                          church officials and clergy

                                                                                                       Page 35
                                                                                                       NNALEA 2002
                                                                                                       Tribal Lands Homeland Security Report
                                              state homeland security officials              increasing law enforcement protection,
                                                                                             especially in rural areas of Oklahoma.”34
                                              officials at local armories or military
                                              reserve centers
                                                                                             Other entities to consider include:
                                        Calculate the shortfall, if any, between what is
                                                                                                   Task Forces and Working Groups to
                                        available and what is needed. Develop a list that
                                                                                                   facilitate emergency planning and
                                        matches the vulnerable target and proposed
                                        method for reducing its vulnerability with the
                                        resources that are needed, but unavailable. Ensure         Public health entities
                                        these resources are defined in detail, e.g., type
                                                                                                   County-wide or regional disaster planning
                                        radio or response vehicle needed and priced. By
                                                                                                   task forces (training, assessments,
                                        preparing this prioritized list, funding sources
                                                                                                   exercises, emergency resources)
                                        can more readily understand the improvements
                                        expected for the funds expended. Anticipate that,          Emergency response teams
                                        for example, federal agencies may be unwilling
                                        or unable to fund the tribe’s highest priority
                                                                                             V. Future Steps
                                        need. Your list will facilitate obtaining funding
                                        for other needs, which may free tribal resources           Collect information on federal and state
                                        for its higher priority project.                           programs, grants and funding sources.

                                                                                                   Involve as many departments and
                                        IV: Identifying Mechanisms                                 community members as possible.
                                            for and Roadblocks to                                  Determine how volunteer efforts
                                            Cooperation                                            can relieve first line responders from
                                        The presence of tribal and non-tribal lands                administrative tasks.
                                        within a state presents many jurisdictional                Establish relationships with key federal
                                        concerns and communication challenges to                   and state homeland security officials.
                                        the law enforcement community. To address
                                        these concerns and maximize law enforcement                Develop a plan for what you need with
                                        resources, cross-deputization agreements                   justification and costs; include efforts
                                        should be considered between tribal governments,           to obtain the capabilities elsewhere or
                                        the Bureau of Indian Affairs, and local city/              why that is impractical.
                                        county governments. Cross-deputization agree-              Review and critique plan and revise
                                        ments permit the signatories to commission or              where necessary.
                                        deputize a law enforcement officer of another
                                        signatory, thereby granting them the same law              Are there mechanisms for resources
                                        enforcement authority as officers of the com-              sharing, including: Cooperative
                                        missioning department or agency. This has been             Agreements? Joint Plans? Joint
                                        especially successful in Oklahoma where its                Exercises?
                                        Indian Affairs Commission has facilitated 89
                                                                                                   Have officials review in light of
                                        separate cross-deputization agreements since
                                                                                                   budgetary realities.
                                        1992. According to the Commission, which
                                        celebrated its 35th anniversary in May 2002,               Develop grant applications and
                                        “the agreements have been instrumental in                  approach federal and state funding
                      Page 36
                      NNALEA 2002
Tribal Lands Homeland Security Report
      Conduct exercises, critique exercises;          Address the Need for Accountability
      identify weaknesses and prioritize fixes.
                                                      It is undeniable that even the most prosperous
Conferees considered the need to establish            tribes will require some public funding to
personal relationships between Indian officials       improve their security, response and recovery
and federal, state, and local homeland security       capabilities. Whenever public monies are
                                                      used, those spending them must ensure that
                                                      they are properly used and accounted for.
                                                      Determine early, how funds will be accounted
                                                      for and who will audit the spending to ensure
                                                      public monies are not mismanaged, wasted
                                                      or misdirected.

                                                           Decide on evaluation criteria (what
                                                           things will you measure?)

                                                           Determine how you will measure where
                                                           you are now?
  Smith & Wesson representatives displays modern           Determine how to measure progress or
       weaponry to conference participants.
                                                           success against your baseline?

officials, emergency planners, law enforcement,            Devise a system to match costs to your
fire, public utility, corporate safety and security        measures of success.
officials and others in key leadership positions,
                                                           Collect data on those measures to
as vital. One conferee advised the Indian
                                                           match level of success, level of efforts
Nations not to wait to be invited. Show up
                                                           with costs.
at, for example, emergency planning meetings
and ask how Indian Tribes are included in the
plans being formed.

At the Summit, there was a general sense
that since the 9-11 attacks, Americans have
become closer and more willing to work
together. This is a theme echoed throughout
the President’s Homeland Security Strategy.
All levels of government must work together
to provide complementary capabilities to
thwart, respond to and recover from terrorist
attacks. Cooperative efforts are all the nation
can afford as it solves other problems such as
Social Security and Medicare financing while
fighting international terrorism, educating our
youth, and maintaining other programs of
national importance.

                                                                                                       Page 37
                                                                                                       NNALEA 2002
                                                                                                       Tribal Lands Homeland Security Report
                                        Indian Country
                                        Land that is either:
                                          (1) within a reservation,
                                          (2) within a dependent Indian community, or
                                          (3) on a tribal allotment.

                                        Note: Tomas B. Heffelfinger, U. S. Attorney, Minnesota, to SCIA testimony 07/11/2002.

                                        Tribal Lands
                                        The term “Indian Lands” means all lands where Indian tribes or tribal members retain rights
                                        through federal statue, federally-recognized Indian treaty, federal executive order or judgments
                                        pronounced by federal courts of law. This includes lands with the limits of any Indian reservation
                                        under the jurisdiction of the United States, notwithstanding the issuance of any patent, and
                                        including rights-of-way running through the reservation; all dependent Indian communities with-
                                        in or without the limits of a state; all Indian allotments, the Indian titles to which have not been
                                        extinguished, including rights-of-way running through the same; all lands owned by federally-rec-
                                        ognized tribes in Alaska or Alaska Native Corporations established under the Alaska Native
                                        Claims Settlement Act; all Indian lands held in trust or restricted status by the United States for
                                        member of a federally-recognized Indian tribe; and all lands where federally-recognized tribes have
                                        treaty rights to hunt, gather, fish or perform other traditional Indian activities.

                                        Note: Dr. Martin Topper—email 2/18/2003

                                        Indian Tribe
                                        “Indian Tribe” means any Indian tribe, band, nation, or other organized group or community,
                                        including any Alaska Native village as defined in or established pursuant to the Alaska Native
                                        Claims Settlement Act (85 Stat. 688) [43 U. S. C. A. & 1601 et seq.], which is recognized as eli-
                                        gible for the special programs and services provided by the United States to Indians because of
                                        their status as Indians.

                                        Explanation: This definition is the same definition used in the Indian Self Determination and
                                        Education Assistance Act, 25 U. S. C. & 450b, without the reference to regional or Village
                                        Corporation. The reference to the regional and village corporations was deleted because the activi-
                                        ties in the proposed homeland security reorganization are government functions that are per-
                                        formed by the Alaska Native villages.

                      Page 38
                      NNALEA 2002
Tribal Lands Homeland Security Report
     NCAI Executive Director Jaequeline Johnson was the Keynote Speaker for the National Native American Law
     Enforcement Association’s 10th Annual National Training Conference in Reno, Nevada, October 22, 2002.
     Gary L. Edwards. Testimony before the U.S. Senate Committee for Indian Affairs. February 26, 2003.
     Readers are invited to read the full text of Mr. Edwards’ remarks on the NNALEA website at’s%20Testimony.pdf.
     Readers are invited to read the full text of Chairman Campbell remarks. They are available on the website
     of the Senate Committee on Indian Affairs at:
     The Al Qaeda main mission, according to its military training manual, is “the overthrow of the godless
     regimes and their replacement with an Islamic regime.” The targets cited above are taken from the top 8
     targets listed in the translated military manual. (page UK/BM-12). The manual was publicly released
     during the embassy bombing trial in New York City as Government Exhibit 1677-T.
     Readers are invited to read the full text of Chairman Campbell remarks. They are available on the website
     of the Senate Committee on Indian Affairs at:
     These data were compiled from various infrastructure websites. Please contact NNALEA at for specific information on this material.
     These data were compiled from various infrastructure websites. Please contact NNALEA at for specific information on this material.
     The National Strategy for the Physical Protection of Critical Infrastructures and Key Assets, p. 19. You may
     download this document from the White House website at
     The National Strategy for the Physical Protection of Critical Infrastructures and Key Assets, p. 19. You may
     download this document from the White House website at
     Walter Pincus, “CIA, Allies Tracking Iraqi Agents—Agencies launch efforts to foil terrorist attacks,” in
     The Washington Post, February 4, 2003, p. A17.
     The federal fiscal year is the basis for congressional appropriations, running from October 1st to
     September 30th. Thus Fiscal Year 2002 is the period October 1, 2001 to September 30, 2002.
     The Robert T. Stafford Disaster Assistance and Emergency Relief Act, 42 U.S.C. 5121 et seq., PL 93-288,
     defines “any Indian tribe or authorized tribal organization, or Alaska Native village or organization.” 42
     U.S.C. 5122 (6). Under this definition Indian Nations are not eligible for direct funding. Any funding they
     receive must come through a state. Thus tribes are given a federal status similar to that of a subordinate
     local government (town, county, village etc.). Besides the sovereignty issue, previously discussed, there are
     two other problems with tribes receiving funding this way, 1) several reservation cross state boundaries,
     for example the Navajo reservation crosses four states, which state, if any should provide funding to the
     Navajo? and 2) since states have no authority on Indian reservations, many governing authorities look
     upon Indian reservations as a federal responsibility. As a result, they do not allocate any funding to the
     tribes. Creating a vicious circle in which neither federal nor state governments are including Indian lands
     in their programs and funding decisions.
     Cheryl Simrell King and Casey Kanzler, The Impact of tribal Gaming on Indians, Tribes and Their
     Surrounding Communities in the State of Washington, 2002, p.2. An Indian Tribes is a group of people
     with a shared culture, history, and tribal government. To be federally recognized, the tribe must have a
     continuing relationship with the federal government. This relationship must have been created through a
     treaty, executive order, or legislation.
     COL Jerome T. Moriarty, unpublished, draft paper on Native American Medal of Honor Recipients.
     Twentieth Century recipients are listed on the Naval Historical Center website at
     Stella U. Ogunwole, The American Indian and Alaska Native Population, Census 2000 Brief C2KBR/01-15,
     The Department of Commerce, U.S. Census Bureau, Issued February 2002, p.3.
                                                                                                                     Page 39
                                                                                                                     NNALEA 2002
                                                                                                                     Tribal Lands Homeland Security Report
                                        (endnotes, continued)
                                             These data are taken from, The American Indian, Eskimo and Aleut Population, by Edna L. Paisano, U.S.
                                             Department of Commerce, Economics and Statistics Administration, U.S. Bureau of the Census. This doc-
                                             ument is accessible via the Internet at:
                                             In 1989 the poverty threshold for a family of four was $12,674, the same, in 1989 dollars, as it was a
                                             decade before in 1979. Ibid., pp. 1-3.
                                             President Richard M. Nixon, Special Message on Indian Affairs, (to the Congress of the United States),
                                             July 8, 1970.
                                             Tex Hall, “The State of Indian Nations Today—Mapping a Course for the Next Seven Generations,” a state
                                             of Native America address by the President of the National Congress of American Indians, January 31, 2003.
                                             Department of Commerce, Economics and Statistics Administration, Bureau of the Census, Statistical
                                             Brief: Housing on American Indians on Reservations—Plumbing, SB/95-9, Issued April 1995. Once again
                                             data show wide variations, between reservations, in the percentage of homes lacking complete plumbing.
                                             While the average is 20.2 percent, the percentage ranges from .5 percent on the Colville Reservation in
                                             WA to 49.1 percent on the Nez Perce Reservation in ID, and 46.7 percent on the Hopi Reservation and
                                             Trust Lands in AZ. (See the 3rd section of the table on page 2).
                                             Jean L. Mckechnie, Webster’s New Twentieth Century Dictionary of the English Language (Unabridged),
                                             Second Edition, Simon and Shuster, New York, NY, 1983, p. 1736.
                                             McClanahan v. Arizona Tax Commission, 411 U.S. 164, 36 L.Ed. 2d 129 (1973).
                                             Chief Justice John Marshall was among the first jurists to clarify the status of Indian nations saying,” The very
                                             term ‘nation,’ so generally applied to them (Indians) means ‘a people distinct from others.’ The Constitution, by
                                             declaring treaties already made, as well as those to be made as the supreme law of the land, has adopted and
                                             sanctioned the previous treaties with the Indian nations, and consequently admits their rank among those powers
                                             that are capable of making treaties. The words ‘treaty’ and ‘nation’ are words of our own language, selected in our
                                             diplomatic and legislative proceedings by ourselves, and have a definite and well-understood meaning. We have
                                             applied them to the other nations of the earth. They are applied to all in the same sense.” (Quoted in Levanthal)
                                             Colliflower v. Garland, 342 F 2d. 369 (1965).
                                             Felix Cohen, Handbook of Federal Indian Law, Department of the Interior, 1942, p.123, quoted in Levanthal.
                                             Worchester v. Georgia, 6 Pet. 515 (1832).
                                             President Richard M. Nixon, Public Papers of the Presidents of the United States: Richard Nixon, 1970,
                                             pp. 564-567, 576.
                                             These definitions and goals are taken from the National Strategy for Homeland Security, Executive Office of
                                             the President, Office of Homeland Security, July 16, 2002. (This document is reproduced in its entirety and
                                             in executive summary format on the CD-ROM accompanying these Proccedings.)
                                             This section is extracted from a NNALEA copyrighted paper, “The Terrorist Mindset,” by Dr. Martin D.
                                             Topper. A longtime NNALEA member, Dr. Topper is Co-Director of the Indian Country Homeland Security
                                             Summit. Dr. Topper is employed by the Office of Criminal Enforcement, Forensics and Training, of the
                                             Environmental Protection Agency. The opinions Dr. Topper expresses in this paper are his own and do not
                                             reflect the official position of any government agency.
                                             Maj. Gen. Phillip Oates, Adjutant General and Commissioner, Department of Military and Veterans Affairs,
                                             STATE OF ALASKA TERRORISM DISASTER POLICY CABINET: Executive Summary and Financial Information,
                                             November 12, 2001.
                                             Executive Office of the President, Office of Homeland Security. State and Local Actions for Homeland
                                             Security, July 2002, p.83.
                                             The NNALEA would like to acknowledge its debt to the Exxon Corporation, the United States Secret
                                             Service and United States Army, and its security and civil affairs doctrine for the ideas we have incorporated
                                             into this risk assessment process.

                      Page 40
                                             Oates, p.4.

                      NNALEA 2002
                                             For more information consult the web site of the Oklahoma Indian Affairs Commission at
Tribal Lands Homeland Security Report
                                                                                                       APPENDIX: TAB 1


T   he primary result of this nation's search for answers and ways to reduce the terrorist
    threat was the formulation of the National Homeland Security Strategy, which sets forth
three strategic objectives:

1. Prevent terrorist attacks within our homeland;
2. Reduce our Homeland's vulnerability to terrorism; and
3. Minimize the damage and recover from attacks that do occur.
These objectives are to be achieved in six initial areas, as defined by the Office of Homeland
Security, namely:

1. Intelligence and warning—to detect terrorism before it manifests itself in an attack:
  a. Build new capabilities through the Information Analysis and Infrastructure
       Protection Division;
  b.   Implement the Homeland Security Advisory System; and
  c.   Apply dual-use analysis to prevent attacks.

2. Domestic counter-terrorism:
  a. Improve intergovernmental law enforcement coordination; and
  b. Track foreign terrorists and bring them to justice.
3. Border and transportation security.
4. Critical infrastructure protection
  a. Unify America’s infrastructure protection effort;
  b. Build and maintain a complete and accurate assessment of America’s critical infrastructures
       and key assets;
  c.   Create effective partnerships with tribal, state and local government and the private sector;
  d.   Develop a National Infrastructure protection plan; and
  e.   Guard America's key assets and infrastructure against “inside” threats.

5. Catastrophic terrorism defense.
6. Emergency preparedness and response
  a.   Create a national incident management system,
  b.   Improve tactical counter-terrorist capabilities,
  c.   Enable seamless communication among all responders,
  d.   Prepare for NBC contamination,
  e.   Plan for military support to civil authorities,
  f.   Build the Citizen Corps,
  g.   Build a training and evaluation system, and
  h.   Enhance the victim support system.

                                                                                                       TAB 1
                                                                                                       NNALEA 2002
                                                                                                       Tribal Lands Homeland Security Report
                                                                                                        APPENDIX: TAB 2


F  or seamless communications between federal, state, and local governments when working
   with tribal governments on homeland security issues:

1. View Indian nations as separate entities because each is unique.
2. Communicate directly with Indian nations.
3. Provide funding directly to Indian nations.
4. Strengthen lines of communication between tribal governments and non-tribal emergency
    and law enforcement agencies.

5. Address liability and jurisdictional issues that limit the ability of state, local and tribal law
    enforcement groups to work together.

Recommendations for the Department of Homeland Security:
1. Develop a comprehensive list of potential terrorist targets within the tribal lands as well as
    the rest of the United States.

2. Establish a coordination unit within the Department to provide a single point of contact for
    the Indian tribes. This unit should be the conduit for the distribution of the tribal share of
    homeland security funding directly to the tribal governments involved. Such would also be in
    accordance with the principle of tribal self-governance.

3. Apportion homeland security funds based on the cost of reducing specific priority vulnerabilities,
    not solely on population or other criteria.

4. Develop a homeland security emergency communications system and frequency that all levels
    of government—federal, tribal, state, and local—have access to and which provides two-way
    communication of terrorist alerts, notification of natural and man made disasters, and relevant
    operational intelligence.

5. Encourage state and local governments to enter into mutual support agreements with tribal
    governments to share complimentary resources in times of crises.

6. Encourage state and local jurisdictions to establish agreements with tribal governments that
    cross deputize and provide certified Indian Police Officers equivalent status to other police

                                                                                                        TAB 2
                                                                                                        NNALEA 2002
                                                                                                        Tribal Lands Homeland Security Report

                                        (recommendations, continued)

                                        Recommendations for the Department of Justice:
                                        1. Develop legislative language that clarifies the right of Indian nations and tribes to arrest,
                                            detain, and prosecute non-Native Americans committing crimes on reservations and other
                                            Tribal Lands.

                                        2. Develop uniform national standards for law enforcement officer and first responder training
                                            and certification.

                                        3. Encourage States to enter into agreements with tribal governments to cross deputize and to
                                            facilitate the mutual sharing and support of peace officers, particularly in times of crises.

                                        Recommendations for NNALEA:
                                        1. Distribute and update the “NNALEA Homeland Security Assessment Model.”
                                        2. Assist Indian tribes with the NNALEA homeland security assessment process.
                                        3. Develop and provide tribal law enforcement and tribal first responder homeland
                                            security training.

                                        4. Continue to provide a forum for the discussion of tribal homeland security.
                                        5. Lead in the development of a strategic homeland security defense plan for Tribal Lands.
                                        6. Post links on the NNALEA website to pertinent homeland security websites.
                                        7. Provide technical assistance to Indian tribes relative to homeland security.
                                        8. Continue to promote partnerships that facilitate Indian tribes' role in the national homeland
                                            defense strategy.

                         TAB 2
                      NNALEA 2002
Tribal Lands Homeland Security Report
                                                                                                             APPENDIX: TAB 3

National Native American Law Enforcement Association
Homeland Security Pre-Assessment Meeting Outline
For Tribal Nations and All Communities

T   his outline is based on the model used at
    the NNALEA Homeland Security Summit.
It also can be used as a starting point for

                                                       Block 1
initial meetings of community leaders on               Overview: “Terror and Homeland Security”
local homeland security.
                                                       This block begins with an introduction by the
                                                       leader, who welcomes participants to the and
Purpose:                                               presents an overview of the meeting and its
To help tribal, federal, state, local and private      goals. The block continues with a presentation
industry representatives develop a fundamental         on terrorism and homeland security, which
understanding of the potential threat to home-         sets the tone for the working session. The
land security from domestic and foreign terrorist      presentation will discuss the nature of the
activities and to promote a cooperative effort         terrorist threat, both foreign and domestic, and
to address that threat.                                describe what the Nation is doing to meet
                                                       that threat. The presentation will be followed
                                                       by a brief question and answer period.
1. Understand the threat                               Block 2:
2. Define the vulnerabilities                          “Vulnerabilities and Impacts”
3. Identify the resources, both available and          This block is an audience participation facilitated
                                                       discussion. The facilitators use the following
4. Identify mechanisms for cooperation                 questions to generate discussion from the
                                                       floor (other questions may be added):
5. Define further steps
                                                             Who might initiate a terrorist incident
                                                             in our area? Foreign? Domestic?
The format is a facilitated discussion between               What would their motives be?
all representatives of tribal, federal, state, local         What might they target? Casinos?
and private industry organizations. Each block               Energy infrastructure? Information
is somewhat different in format, depending                   Infrastructure? Business enterprises?
upon the nature of its subject matter. Each                  Government facilities?
block builds on information developed from
the previous blocks to develop a “broad brush”               What would they gain from attacking
understanding of the issues surrounding                      these various facilities?
homeland security in a specific community or                 Do you have these facilities on your lands?
jurisdiction. Two facilitators work in tandem,
and a recorder uses an easel to emphasize              The block ends with the facilitators summa-
major points. A discussion leader works to             rizing and identifying the vulnerabilities.
keep the process moving forward.
                                                                                                             TAB 3
                                                                                                             NNALEA 2002
                                                                                                             Tribal Lands Homeland Security Report

                                        (outline, continued)

                                        Block 3:                                                    Are the plans and resources adequate
                                                                                                    to identify and prevent terrorist activities?
                                        “Addressing Identified Vulnerabilities”
                                                                                                    If not what's needed?
                                        This block is an audience participation facilitated
                                                                                              The block ends with the facilitators summa-
                                        discussion. The facilitators use the following
                                                                                              rizing the strengths and potential weaknesses
                                        questions to generate discussion from the floor
                                                                                              of homeland security preparedness in the
                                        (other questions may be added later): For each
                                                                                              jurisdiction or community being evaluated.
                                        vulnerability identified in the previous section,
                                        the following questions should be asked:
                                                                                              Block 5:
                                              If terrorists detonate a bomb or take
                                                                                              “Cooperation: Federal Level”
                                              other violent action at a facility (tourist
                                              attraction, power line) in our jurisdiction,    This block involves a panel presentation and a
                                              who would respond?                              facilitated discussion from the audience. The
                                                                                              panel will be composed of representatives
                                              What are the differences between our
                                                                                              from invited federal agencies including, but
                                              jurisdiction and surrounding areas?
                                                                                              not limited, to:
                                              What types of response plans do we
                                                                                                    Office of Homeland Security
                                              have in place?
                                                                                                    U.S. Secret Service
                                              Are there plans in place to identify threats
                                              and prevent attacks before they occur?                FBI

                                        The block ends with the facilitators summa-                 ATF
                                        rizing the complexity of addressing the vul-
                                        nerabilities and stressing the importance of
                                        jurisdiction-specific planning and prevention.              EPA

                                        Block 4:
                                                                                                    Customs Service
                                        This block is an audience participation facilitated
                                        discussion focused on resources. The facilitators           Border Patrol
                                        will use the following questions to generate
                                        discussion (other questions may be added later).
                                                                                              Each panelist will be introduced by the
                                              What types of resources are available to
                                                                                              facilitators and asked several questions:
                                              implement the plans described in Block 4?
                                                                                                    What is the role of your agency in
                                              Are these plans and resources adequate
                                                                                                    responding to and preventing terrorist
                                              to respond to the types of homeland
                                              security vulnerabilities defined in previous
                                              blocks? If not, what's needed?                        How can that role assist our community/
                                                                                                    jurisdiction in their homeland security
                                                                                                    preparedness efforts?
                         TAB 3
                      NNALEA 2002
Tribal Lands Homeland Security Report
                                                                                                      APPENDIX: TAB 3

(outline, continued)

      What cooperative efforts do you currently   questions from the participants in the audi-
      have in place with our community/           ence. The block ends with the facilitators
      jurisdiction?                               summarizing the various types of cooperation
                                                  that have been established between the federal
      What area of cooperation needs to be
                                                  agencies and the community/jurisdiction
                                                  under consideration, and defining areas that
At the conclusion of the questioning by the       may be in need of further development.
facilitators, the floor is opened for further
questions from the participants in the audi-      Block 7:
ence. The block ends with the facilitators
                                                  “What Have We Learned and
summarizing the various types of cooperation
                                                  How Can We Apply It?”
that have been established between the fed-
eral agencies and the community/jurisdiction      This block involves a review by the facilitators.
under consideration, and defining areas that      They summarize what has been learned in
may be in need of further development.            each block and identify the strengths and
                                                  weaknesses of the overall status of homeland
Block 6:                                          security preparedness in the community/
                                                  jurisdiction under consideration. The audience
“Cooperation: State/Local/Private Sector”
                                                  is asked to provide input on this summarization.
This block involves a panel presentation and      The facilitators work with the audience to
a facilitated discussion from the audience.       build a consensus view of the vulnerabilities
The panel is composed of representatives          created by this threat, the level of local
from states, localities and private sector        community/jurisdiction planning and pre-
companies that do business in the community/      paredness, the existing resources, the level
jurisdiction under consideration. Each panelist   of cooperation on all levels of the public and
is introduced by the facilitators and asked       private sector, and the need for the development
several questions.                                of future resources and cooperative efforts.
                                                  The facilitators then help the community/
      What is the role of your organization in
                                                  jurisdiction develop an action plan for applying
      responding to and preventing terrorist
                                                  what has been learned and initiating the further
                                                  development of the community/jurisdiction’s
      How does that role relate to the home-      homeland security system.
      land security issues faced by the com-
      munity/jurisdiction under consideration?    Block 8:

      What types of cooperative relationships     “Begin the NNALEA step by step Homeland
      do you have in place with our community     Security Assessment Model”
      /jurisdiction at the present time?
                                                  This block ends the pre-assessment meeting
      What areas of cooperation need to be        phase. Apply the action plan developed in
      developed?                                  Block 7 above to the “Homeland Security
                                                  Assessment Model” described on pages 28
At the conclusion of the questioning by the
                                                  through 36 of the “Tribal Lands Homeland
facilitators, the floor is opened for further
                                                  Security Report.”
                                                                                                      TAB 3
                                                                                                      NNALEA 2002
                                                                                                      Tribal Lands Homeland Security Report

To top