SGAC July 2019 Meeting Packet

Self-Governance Advisory Committee July 17 – 18, 2019

Self-Governance Advisory Committee July 17 – 18, 2019 Contents Save the Date …………………………………………………………………………………… 4 Agenda ……………………………………………………………………………….…………… 5 Committee Membership ………………………………………………………….…………….. 6 Tribal Caucus Topics ………………………………………………………………..………....... 7 SGAC Meeting Summary from April 2019 …………………………………………..……… 8 OSG Materials .....……………………………………………………………..................…….. 9 Budget Materials .......................................………………………………………………....... 10 Education Materials ................................................……………………………………….. 11 Law Enforcement Materials ......................................……………………………………….. 12 Workgroup Assignments List ....................................………………………………….…….. 13 SGAC Correspondence ...........................................………………………………….…….. 14 SGAC Products ...........................................……..............…………………………….……... 15

SAVE THE DATE SGAC 4

Tribal Self-Governance Professionals Workshop and

Self-Governance Strategy Session September 9 - 12, 2019

Ak-Chin Indian Community Maricopa, Arizona

Register by August 1 to be entered in a drawing to win a $150 gift card to the Ak-Chin Harrah’s Spa. www.tribalselfgov.org

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AGENDA SGAC

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DOI SELF-GOVERNANCE ADVISORY COMMITTEE c/o Self-Governance Communication and Education P.O. Box 1734, McAlester, OK 74501 Telephone (918) 302-0252 ~ Facsimile (918) 423-7639 ~ Website: www.tribalselfgov.org

DOI Self-Governance Advisory Committee and Technical Workgroup Quarterly Meeting Wednesday, July 17, 2019 (8:30 am to 5:30 pm) Thursday, July 18, 2019 (8:30am to 4:45 pm) Embassy Suites 900 -10th Street, NW Washington, DC 20001 Phone: (202) 739-2001 Fax: (202) 739-2099 AGENDA

8:30 am

Wednesday, July 17, 2019 (8:30 am to 5:30 pm) Meeting of the SGAC and Technical Workgroup Members SGAC Tribal Technical Workgroup and Coordinators Meeting • Review of SGAC Action Tracking • Review July Agenda and Develop Talking Points Associated with Each Agenda Item • Regional Issues • 2019 Self-Governance Strategy Session • Standardized Distribution Process for Carry-over and Surplus Funding • Intradepartmental and Interdepartmental Communication, Collaboration and Coordination to Support Implementation of Self-Governance Authority in DOI • Agenda Items for October 2019 Meeting

9:45 am

Tribal Caucus • DOI Non-BIA Agreements • Executive Order Advisory Committees

11:00 am

Update from Federal Partners on Technical Team • Intradepartmental and Interdepartmental Communication, Collaboration and Coordination on upcoming deadlines for reports and other documents • Staffing: Recruiting, Hiring and Retaining (HR Issues and Underfunding) • Input on other Agenda Items

11:45 am

Lunch

1:00 pm

1:15 pm

FULL SGAC & FEDERAL PARTNERS MEETING Invocation Roll Call of SGAC Regions to Establish Quorum Introductions – (All Participants and Invited Guests) Opening Remarks W. Ron Allen, Tribal Chairman/CEO, Jamestown S’Klallam Tribe and Chairman, Self-Governance Advisory Committee (SGAC)

Draft Agenda 7.10.2019 ver. 10 Work in Progress

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DOI SGAC & Technical Workgroup Quarterly Meeting July 17-18, 2019 – Agenda

Shawn Duran, Tribal Programs Administrator, Taos Pueblo Vice-Chair, Self-Governance Advisory Committee (SGAC) SGAC Committee Business • Approval of Meeting Minutes (April 23-24, 2019) • SGAC 2019/2020 Meeting Calendar 1:30 pm

Office of Self-Governance Update • OSG Update Sharee Freeman, Director, Office of Self-Governance, DOI

2:00 pm

Legislative/Administrative/Court Update • Expansion of Self-Governance Department of Labor John Simermeyer, Policy Advisor, Chairman John Hoeven Majority Staff, Senate Committee Indian Affairs (Invited) Geoff Strommer, Partner, Hobbs, Straus, Dean and Walker, LLP Phil Baker-Shenk, Partner, Holland & Knight

2:30 pm

Director Bureau of Indian Affairs • Interdepartmental Coordination and Communication with SG Tribes • Regional and Area Directors Consistency and Standards • Mandatory Training • Staffing: Recruiting, Hiring and Retaining • Funding and other Communication must include SG Tribes • Standardized Distribution Process for Regional Surplus and Carry-Over Funding • Trust Management Project Funding Distribution Darryl LaCounte, Director, Bureau of Indian Affairs, DOI

3:15 pm

Budget Update • Appropriations Update • FY2021 Budget Process • Metrics for Unmet Need/Unfulfilled Obligations • National TIWAHE Meeting, September 4-6, 2019, New Orleans, LA Tyler Scribner, Policy Analyst, National Congress of American Indians Jeannine Brooks, Deputy Director, Office of Budget and Performance Management, DOI

4:15 pm

Department of Transportation Update Ronald Jackson, Assistant General Counsel for Operations, DOT, Designated Federal Official for Tribal Transportation Self-Governance Program, Negotiated Rulemaking Committee

4:45 pm

Self-Governance Communication & Education • Executive Director Update • Strategy Session Update Jay Spaan, Executive Director, Self-Governance Communication & Education Tribal Consortium

Agenda 7.10.2019 Ver. 10 Working Draft

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DOI SGAC & Technical Workgroup Quarterly Meeting July 17-18, 2019 – Agenda

5:15 pm

Preparation of Issues for Discussion with Assistant Secretary – Indian Affairs

5:30 pm

Adjourn for the day

Thursday, July 18, 2019 (8:30 am to 4:45 pm) Meeting of the SGAC & Technical Workgroup with Tara Mac Lean Sweeney, Assistant Secretary – Indian Affairs (Only Members of the SGAC and Proxies to be seated at the table) 8:30 am

Welcome W. Ron Allen, Tribal Chairman/CEO, Jamestown S’Klallam Tribe and Chairman, Self-Governance Advisory Committee (SGAC) Shawn Duran, Tribal Programs Administrator, Taos Pueblo Vice-Chair, Self-Governance Advisory Committee (SGAC)

8:45 am

Introductions and Update with Congresswoman Deb Haaland The Honorable Deb Haaland, US Representative for New Mexico’s First Congressional District

9:15 am

SGAC Discussion of Issue Items with AS-IA Tara Mac Lean Sweeney, Assistant Secretary – Indian Affairs, DOI (invited) Mark Cruz, Deputy Assistant Secretary – Indian Affairs

11:45 am

SGAC Committee Members Executive Session with Assistant Secretary – Indian Affairs Lunch

1:00 pm

Bureau of Indian Education/Department of Education • Office of Self-Governance: Working with Other Bureaus/Agencies in DOI • Johnson O’Malley (JOM) Collection of Data and Allocation Methodology • Coordination with Self-Governance Tribes – who is requesting and/or sharing information with SG Tribes? • Funding to Support Native Students in Public Schools – coordination between BIE and the Department of Education • Reconsider the withholding of funds from Alaska • Head Start – Coordination Between NAIANHSCO and Partners • Update on School Safety for Native Children Clint Bowers, Chief of Staff, Bureau of Indian Education Micker (Mike) Richardson, MBA, Director, National American Indian and Alaska Native Head Start Collaboration Office (NAIANHSCO) Sharee Freeman, Director, OSG

2:15 pm

Welfare Assistance • Detailed Explanation of Methodology – how is it updated? is there a national distribution methodology? Are there anticipated changes to the Manual?

Agenda 7.10.2019 Ver. 10 Working Draft

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DOI SGAC & Technical Workgroup Quarterly Meeting July 17-18, 2019 – Agenda

•

Request for Additional Funding – SG Tribes do not have full allocation in time to assess additional need • Coordination with OSG Spike Bighorn, Office of Indian Services, BIA Ken Reinfeld, SGAC, Federal Technical Co-Chair, OSG Senior Policy Analyst 3:30 pm

Who is in Charge of Justice for Indians?: Office of Justice Programs (DOJ)/Office of Justice Services (BIA) • Return VOCA money to Congress • Missing and Murdered – no federal database • VAWA Reauthorization • Tribal Access Program to Federal Data Base • Public Safety in Alaska – crisis in Alaska reductions in state funding; securing the northern border and interagency coordination on security • Expansion of Self-Governance to DOJ • Public Law 280 States - $13 million for FY 2019 and requested for 2020; BIA has requested $12 million in Green Book but silent on PL 280 States; Tribes was this funding in the base? Charles Addington, Office of Justice Services, BIA confirmed Tracy Toulou. Director, Office of Tribal Justice, DOJ (invited) (Chris Chaney detailed to Toulou)

Technical Workgroup Follow-up Conference Call is Scheduled for Tuesday, July 23 at 2:00pm Eastern Time • Review Follow-up Topics • Agenda Items for Next Meeting/Call Jennifer McLaughlin, SGAC, Tribal Technical Co-Chair, Self-Governance Legislative Associate, Jamestown S’Klallam Tribe Ken Reinfeld, SGAC, Federal Technical Co-Chair, OSG Senior Policy Analyst 4:45 pm

Adjourn the SGAC Meeting

Agenda 7.10.2019 Ver. 10 Working Draft

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Committee Membership SGAC

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DOI SELF-GOVERNANCE ADVISORY COMMITTEE c/o Self-Governance Communication and Education P.O. Box 1734, McAlester, OK 74501 Telephone (918) 302-0252 ~ Facsimile (918) 423-7639 ~ Website: www.tribalselfgov.org

SGAC Membership July 5, 2019 Area

Alaska

Eastern

Eastern Oklahoma

Midwest

Northwest

Pacific

Rocky Mountain

Member

Status

Contact Information

Robert Keith

Primary

angelraq.keith@gmail.com

Will Micklin 3rd Vice President Central Council Tlingit and Haida Indian Tribes of Alaska Cheryl Andrews-Maltais Chairwoman Wampanoag tribe of Gay Head (Aquinnah) Marilynn “Lynn” Malerba* Chief Mohegan Tribe of Connecticut Chuck Hoskins, Jr. Principal Chief Cherokee Nation (Proxy: Karen Ketcher) James R. Floyd Principal Chief Muscogee (Creek) Nation (Proxy: Terra Branson) Annette Johnson Treasurer Red Lake Band of Chippewa Indians Jane Rohl Tribal Council Secretary Grand Traverse Band of Ottawa & Chippewa Indians W. Ron Allen Tribal Chairman/CEO Jamestown S’Klallam Tribe Tyson Johnston Vice President Quinault Indian Nation Byron Nelson, Jr. Chairman Hoopa Valley Tribe Denise Richards-Padgette Chairperson Tolowa Dee-ni’ Nation Michael Corcoran Tribal Business Committee Member Chippewa Cree Tribe

Alternate

wmicklin@ccthita-nsn.gov

Primary

chairwoman@wampanoagtribe.net

Alternate lmalerba@moheganmail.com Primary

karen-ketcher@cherokee.org

Alternate tbranson@mcn-nsn.gov

Primary

annette.johnson@redlakenation.org

Alternate jane.rohl@gtbindians.com

Primary rallen@jamestowntribe.org Alternate tjohnston@quinault.org Primary cbfdistrict@gmail.com Alternate

Primary

Alternate Primary

dustin@cct.rockyboy.org

Southern Plains

Southwest

Western

John Barret, Jr. Chairman Citizen Potawatomi Nation (Proxy: Kasie Nichols) Justin Wood Principal Chief Sac and Fox Nation Richard Aspenwind Governor Taos Pueblo E. Michael Silvas Governor Ysleta del Sur Pueblo Delia Carlyle Council Member Ak-Chin Indian Community

Kasie.nichols@potawatomi.org

Alternate justinwood@sacandfoxnation-nsn.gov Primary governor@taospueblo.com Alternate

michael.silvas@ydsp-nsn.gov

Primary dcarlyle@ak-chin.nsn.us Alternate

SGAC Technical Workgroup Area Alaska

Eastern

Eastern Oklahoma

Midwest

Northwest

Pacific

Rocky Mountain Southern Plains Southwest

Western

Member

Status

Contact Information

Bruce Baltar Bristol Bay Native Association John Bioff Kawerak, Inc. Kitcki Carroll United South and Eastern Tribes Cliff Powell Cherokee Nation Amanda Swope Muscogee (Creek) Nation Dave Connor Red Lake Band of Chippewa Indians Candice Skenandore Oneida Nation Jennifer McLaughlin Jamestown S’Klallam Tribe

Tech Rep

bbaltar@bbna.com

Tech Rep

JBioff@kawerak.org

Tech Rep Tech Rep

SDuran@taospueblo.com cliff-powell@cherokee.org

Tech Rep

aswope@mcn-nsn.gov

Tech Rep

redlakewae@aol.com

Tech Rep Workgroup Co-Chair

Danielle Dan Quinault Indian Nation

Tech Rep

John Robbins Hoopa Valley Tribe Briannon Fraley Tolowa Dee-ni’ Nation Dustin Whitford Chippewa Cree Tribe Jeremy Arnette Citizen Potawatomi Nation Linda Austin Ysleta del Sur Pueblo Ian Chisholm Taos Pueblo Karen Fierro Ak-Chin Indian Community Heather Washington Salt River Pima-Maricopa Indian Community

Tech Rep Tech Rep

cskena10@oneidanation.org jmclaughlin@jamestowntribe.org

hvtsgjrobbinsjr@gmail.com Briannon.Fraley@tolowa.com

Tech Rep dustin@cct.rockyboy.org Tech Rep Tech Rep

jarnette@potawatomi.org laustin@ydsp-nsn.gov

Tech Rep

IChisholm@taospueblo.com

Tech Rep KFierro@ak-chin.nsn.us Tech Rep Heather.Washington@SRPMIC-nsn.gov

Tribal Caucus Topics SGAC 7

7/12/2019

Executive Order on Evaluating and Improving the Utility of Federal Advisory Committees | The White House

EXECUTIVE ORDERS

Executive Order on Evaluating and Improving the Utility of Federal Advisory Committees Issued on: June 14, 2019

★ ★ ★ By the authority vested in me as President by the Constitution and the laws of the United States of America, and consistent with the Federal Advisory Committee Act (FACA), as amended (5 U.S.C. App.), it is hereby ordered as follows: Section 1. Review of Current Advisory Committees. (a) Each executive department and agency (agency) shall evaluate the need for each of its current advisory committees established under section 9(a)(2) of FACA and those advisory committees established under section 9(a)(1) that are authorized by law but not required by statute (eligible committees). (b) Each agency shall, by September 30, 2019, terminate at least one-third of its current committees established under section 9(a)(2) of FACA, including committees for which the: (i) stated objectives of the committee have been accomplished; (ii) subject matter or work of the committee has become obsolete; (iii) primary functions have been assumed by another entity; or (iv) agency determines that the cost of operation is excessive in relation to the benefits to the Federal Government.

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7/12/2019

Executive Order on Evaluating and Improving the Utility of Federal Advisory Committees | The White House

(c) Each agency may request a waiver of the requirement in subsection (b) of this section from the Director of the O ice of Management and Budget (Director). The Director may grant such a waiver if the Director concludes it is necessary for the delivery of essential services, for e ective program delivery, or because it is otherwise warranted by the public interest. (d) Each agency that has fewer than three current eligible committees is exempt from subsection (b) of this section. (e) Agencies may count eligible committees terminated since January 20, 2017, toward the requirement of subsection (b) of this section. Sec. 2. Limitations on New Advisory Committees. The Government-wide combined total number of eligible committees (excluding committees covered by section 6(d) of this order) shall not exceed 350. If the combined total number of eligible committees exceeds 350, an agency may not establish a new advisory committee under section 9(a)(2) of FACA, unless the agency obtains a waiver pursuant to subsection 4(b) of this order. Such a waiver is in addition to the notice and other requirements of FACA and its implementing regulations. Sec. 3. Reporting Requirements. (a) The head of each agency shall submit to the Director on or before August 1, 2019: (i) a recommendation for each of the agency’s current advisory committees established by the President under section 9(a)(1) of FACA regarding whether the committee should be continued; and (ii) a detailed plan, for each advisory committee required by statute, for continuing or terminating such committee, including, as appropriate, recommended legislation for submission to the Congress. (b) The Administrator of General Services (Administrator) shall submit to the Director such justifications and recommendations required by subsection (a) of this section for independent Presidential advisory committees, as defined by 41 CFR 102-3.25. Sec. 4. O ice of Management and Budget Role. (a) The Director, in coordination with the Administrator, shall issue instructions regarding the implementation of this order, including how to https://www.whitehouse.gov/presidential-actions/executive-order-evaluating-improving-utility-federal-advisory-committees/

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7/12/2019

Executive Order on Evaluating and Improving the Utility of Federal Advisory Committees | The White House

calculate the number of eligible committees to eliminate in each agency and how to comply with applicable law. (b) The Director may, with the concurrence of the Administrator, grant an agency a waiver of the requirements of section 2 of this order if the Director concludes that such waiver is necessary for the delivery of essential services, for e ective program delivery, or because it is otherwise warranted by the public interest. (c) By September 1, 2019, the Director shall make appropriate recommendations to the President about terminating committees established by the President under section 9(a)(1) of FACA. The Director shall also include in the President’s FY 2021 budget submission to the Congress a detailed plan for terminating such committees required by statute whose continued operations no longer serve the public interest, including with respect to the criteria set forth in subsection 1(b) of this order. Sec. 5. Exemption for Merit Review Panels. (a) The requirements of sections 1, 2, and 3 of this order do not apply to a merit review panel or advisory committee whose primary purpose is to provide scientific expertise to support agencies making decisions related to the safety or e icacy of products to be marketed to American consumers. (b) A merit review panel, for purposes of this order, is any collegial body whose approval is necessary to fund an extramural research procurement contract, grant, or cooperative agreement (including second level peer review), such as those at the National Institutes of Health. Sec. 6. General Provisions. (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (b) Nothing in this order shall be construed to impair or otherwise a ect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director relating to budgetary, administrative, or legislative proposals. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, https://www.whitehouse.gov/presidential-actions/executive-order-evaluating-improving-utility-federal-advisory-committees/

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Meeting Summary SGAC

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Self-Governance Advisory Meeting April 23 – 24, 2019 Attendance: Region Alaska Eastern Eastern Oklahoma Midwest Northwest Pacific Rocky Mountain Southern Plains Southwest Western

Member Robert Keith Will Micklin Cheryl Andrews-Maltais Marilynn “Lynn” Malerba Terra Branson (Proxy)

Present X X X X X

W. Ron Allen

X

Kasie Nichols (Proxy) Kay Rhoads E. Michael Silvas Delia M. Carlyle

X X X X

SGAC Committee Business • •

• •

Muscogee (Creek) Nation made a motion to approve the October minutes with identified edits. The Sac and Fox Nation seconded the motion. The meeting minutes from October 2018 were approved. Ysleta del Sur Pueblo submitted a nomination form for Governor E. Michael Silvas to be the new representative to the SGAC. The Wampanoag Tribe of Gay Head (Aquinnah) made a motion to accept the nomination and Sac and Fox Nation seconded the motion. The motion was approved. Muscogee (Creek) Nation submitted a letter identifying Terra Branson as proxy for Chief Floyd. Taos of Pueblo submitted a letter identifying Ian Chisholm as proxy for the Governor.

DOI’s Office of Self-Governance (OSG) Sharee Freeman, Director, OSG Director Freeman provided a number of updates to the committee, including information on: • • • • • •

personnel changes within Indian Affairs, tribal nations that have expressed interest in pursuing Self-Governance for the delivery of BIA programs, funding distribution status, contract support cost distributions, an update on the upgrade plan for the Self-Governance Database, and the 2018 minimum data collection report on Tribal Self-Governance activity.

A copy of the presentation that goes into more detail on each of these topics can be found at: https://www.tribalselfgov.org/events/event/2nd-tsgac-sgac-advisory-committee-meeting-19/

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A few highlights from the discussion include: • • • • • • •

•

Jason Freihage was appointed to Deputy Assistant Secretary – Management (DAS-M) effective March 17, 2019. Richard (Rich) Myers was appointed to the position of Chief of Staff for the Assistant Secretary of Indian Affairs. Danny Santiago recently departed from OSG and his duties have been divided between existing staff. For example, Miles Reader will be managing the base funding calculations. OSG received inquiries from several Tribal Nations regarding the use of Self-Governance as the mechanism for the delivery of BIA programs. To date, OSG has received and obligated approximately $311,758,613 in FY 2019 funding for distribution. The new date for the CSC workgroup meeting has not been finalized. The Self-Governance Database needs to be updated in order to automate some of the processes that are currently manual. OSG plans to make a request for Tribal leaders to submit suggestions for database upgrades. The Minimum Data Request form is nearly 30 years old and OSG would like to receive feedback on opportunities to update the form and to make it more user friendly. The comments are due on May 15, 2019. OSG would like to develop a workgroup from SGAC to identify additional updates to the form. The workgroup can be formed at the next SGAC meeting.

During the update, Director Freeman and participants discussed the importance of terminology and a request was made for DOI to avoid the terminology “shortfall” when referring to contract support costs not yet paid. Rather than “shortfall,” a participant suggested DOI refer to it as an “additional obligation request.” Congressional Updates from Hill Staff Mike Andrews, Majority Staff Director/ Chief Counsel, SCIA Chase Goodnight, Counsel, SCIA Anthony Sedillo, Senior Policy Advisory, Minority Staff Director/Chief Counsel, SCIA Jennifer Van der Heide, Chief of Staff, Rep. Deb Haaland Heidi Todacheene, Legislative Assistant, Rep. Deb Haaland •

Mr. Sedillo provided an overview of the Indian Programs Advance Appropriations Act legislation that was proposed by Senator Udall. The impetus for the legislation was the government shutdown and the harmful effects the shutdown had on Tribal Nations. The legislation was referred to the budget committee. To date, Chairman Hoeven has not signed on to the proposed bill. The minority staff would love to have a hearing but does not have control of the hearing schedule. Absent a hearing, the staff plan to have roundtable discussions.

•

Mr. Andrews stated that another piece of legislation is also being considered by Senator Porter that would trigger an automatic Continuing Resolution (CR) if appropriations are not finalized before the beginning of the fiscal year.

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A participant noted that CR’s are not much better than a shutdown because the uncertainty of funding makes it impossible for proper planning. Another participant noted that there is not much support for BIA within DOI and suggested that discussions about moving BIA out of DOI should commence. Mr. Andrews announced that Rhonda Harjo retired from the Committee and Chase Goodnight will be taking over Rhonda’s portfolio. Ms. Van der Heide provided an update on the priorities and activities of Rep. Deb Haaland. Specifically, among other priorities, Ms. Van der Heide announced that Rep. Haaland plans to have a hearing in June on the PROGRESS Act. Rep. Haaland is also working in coordination with Senator Warren on legislation related to the findings from the U.S. Commission on Civil Rights Broke Promises report. Ms. Van der Heide also introduced Heidi Todacheene to the committee. Ms. Todacheene walked through numerous priorities and legislative proposals sponsored by Rep. Haaland, including Savannah’s Act, legislation related to Missing and Murdered Indigenous Woman and Girls, judicial jurisdiction legislation and others. Participants provided a few comments for consideration related to potential legislation and Ms. Todacheene stated that she would keep the committee informed when specific bills are made available. Participants suggested that expansion of Self-Governance into the Department of Justice should be a consideration as it would help address concerns about the number of and burden associated with justice related grants. o

• •

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SGAC Discussion with AS-IA Representative John Tahsuda, Principal Deputy Assistant Secretary Marc Cruz, Deputy Assistant Secretary, Policy and Economic Development Jason Freihage, Deputy Assistant Secretary, Management Mr. Cruz provided a general update from Indian Affairs and noted a few of the key priorities, which include the opioid epidemic, missing and murdered indigenous women and girls, and implementation of the 477 MOU. A number of topics were raised during the joint discussion, including: Johnson O’Malley – In December of 2018, S.943, the Johnson-O’Malley (JOM) Supplemental Indian Education Program Modernization Act was signed into law. The law requires the Department of Interior (DOI) to annually update Indian students eligible to participate in the JOM Program. There is also a new process for revising funding allocations for the program. The new statutory requirements provide an opportunity for the Bureau of Indian Education (BIE) to actively engage with the Tribes through consultation to determine how: 1. The regulations will define eligible students; and 2. The funding formula is updated to ensure full participation and clarity of process. Action items identified: Consultation should consider the following elements: (1) improve the data collection process; (2) ensure eligibility requirements are appropriate and ensure all American Indian/Alaska Native AI/AN students are being counted; (3) all Federally Recognized Tribes should be treated equally, including, Tribes that were recognized after 1995 and Tribes in Alaska; (4) regional Offices should assist all Tribes gathering JOM data – Direct Service, 638 and Self-Governance; and (5) increase the current per student funding allocation.

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Small & Needy Tribes – The small and needy designation is based on population and funding thresholds. Smaller Tribes face more challenges accessing resources to operate their programs and services. In 1992, the Senate Committee on Indian Affairs established a task force and one of the initiatives was to ensure small Tribes had the minimum amount of funding needed to run viable Tribal governments. Current funding levels for Tribes in the lower 48 are $160,000 and for Alaska $200,000. Action item identified: o Increase funding for small and needy Tribes in Alaska and the lower 48 to $300,000 to ensure the Tribes receive a minimum threshold of funding to be able to develop stronger Tribal governments. Welfare Assistance – This program supports Tribal services that support AI/AN families in crisis by providing funding for general assistance, child assistance, non-medical institution or custodial care of adults, burial and emergency assistance. Funding for these programs support essential basic needs to include food, clothing, shelter and utilities. Currently the need far exceeds what the program supports. Action items identified: o We need a better explanation on the welfare assistance methodology and how the Office of Indian Services updates it. o There should be a national methodology. Carry-Over Funding – There is a lack of transparency and inconsistency in processes across regions regarding carry-over that is available for distribution; how the funding is allocated; and, the methodology that is being used. Action items identified: Regions need to be on the same page and we need a process in place that allows for Tribal input on the reprogramming of these dollars. Specifically, 1. What is the process for identifying surplus funds in each respective region? 2. Are there any restrictions on the use of those funds? 3. Regions need to be held accountable to the Tribes by providing all Tribes notice of the availability of funds; developing and using a consistent process for awarding those funds; use of a standard methodology that is fair and impartial; Improving coordination and communication with Tribal governments by acknowledging receipt of funding requests and communicating with the Tribes who were awarded funds and those who were not awarded funds to include reasons for the funding decisions. Area Directors & Self-Governance – We are looking for better transparency, coordination and leadership in coordinating with Self-Governance at the regional level. Action items identified: o Area Directors need to be held accountable for their actions and Tribes need to be informed; o Processes need to be consistent and there should be mandatory Self-Governance education and training provided to all Regional Directors and their staff. o There seems to be a misunderstanding that once a Tribe becomes Self-Governance the Office of Self-Governance is solely responsible for the provision of any technical or other assistance that is needed. Self-Governance Tribes have left shares in each region for certain programs and services and/or the provision of inherent federal functions. Regions have a responsibility to provide technical assistance to all Tribes. 8d

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Self-Governance Tribes have been locked out of the opportunity to apply for certain grant funds because the language in the Request for Proposal (RFP) was limited to 638 Tribes. Communication and correspondence needs to be improved and any Requests for Proposals for grants or other funding opportunities that go out should include all Tribes as eligible applicants.

Advanced Appropriations – The Bureau of Indian Affairs provides funding for essential core government programs and services. During the shutdown Tribes that operate their own programs were forced to make tough decisions. Continuing Resolutions (CR) are not any better. The length of a CR can vary from a few weeks to several months. It leaves Tribes in the predicament of having to make long term decisions with only short-term funding guaranteed. Budgetary uncertainties impact everything from recruitment and retention and increase administrative burdens and costs creating adverse financial effects on Tribes. Action items identified: Advanced Appropriations would provide Tribes funding a year in advance to allow for better planning and services. Specifically, 1. We urge your support for Advanced Appropriations for BIA programs and services. 2. The agency should begin to develop processes to develop and manage an advanced appropriation. 3. Fill vacancies in key positions to reflect capacity to manage a change to the budget formulation process. Public Safety & Justice – There are severe public safety challenges across Indian country to include P.L. 280 states, such as, Alaska and California. Action items identified: There have been repeated requests for coordination amongst the agencies on public safety and justice issues. Specifically, 1. Convene a Public Safety and Justice Summit to bring together agencies and resources from across the Federal government. 2. What processes and procedures have the agencies adopted regarding coordination and cooperation? 3. How does the Office of Justice Services interface with the other public safety and justice agencies? 4. There is a public safety crisis in Alaska and the state and municipalities are not addressing it. Some of the greatest atrocities against women and children are occurring in Alaska. Senator Murkowski created a set aside for PL280 Tribes for law enforcement. How has this money been used to assist these Tribes? Progress Act CBO Score – The Title IV Bill has been scored at zero for the past two Congresses. The language in the bill hasn’t changed but the zero score is now $1.5 million. Action item identified: o If the Department’s position has not changed we urge you to make your position known to Congress through a letter.

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P.L.102-477 MOA – Tribes have concerns with the 477 MOA because portions of it conflict with the 477 law. The MOA sets Tribes back and doesn’t allow them to include programs and services that were once allowed to be included in their plans. Action items identified: o We urge you to work with the 477 workgroup to convene a meeting which is mandated by law to occur on an annual basis to go over the MOA. The meeting should be held prior to the end of the fiscal year in DC. TIWAHE – The value of the TIWAHE program is that it is addressing root problems in communities. The intent of the program was to provide flexibility so that the program can be redesigned by the Tribes to best address their community’s needs. Action item identified: o How can we work with you to expand this successful program? Post Conference Discussion on P.L. 477 MOU and Implementation Spike Bighorn, Associate Deputy Bureau Director, Office of Indian Services Margaret Zientek, Assistant Director, Workforce and Social Services, Citizen Potawatomi Nation Mr. Bighorn and Ms. Zientek provided an overview of the Memorandum of Agreement (MOA) put in place between 12 federal agencies to implement P.L. 477. Specifically, the 477 MOA was completed in December 2018. Mr. Bighorn stated that to a certain extent, some of the language put into the MOU was a result of compromises between federal agencies and some of the language was the result of revisions made by the White House General Counsel’s office. Mr. Bighorn noted that BIA is aware of some tribal concerns with the MOA. For example, the MOA says that BIA will take the recommendation of the other federal agencies as the final decision as to whether or not a specific program is eligible for inclusion. The reasoning behind the decision to include this language in the MOA is because staff at BIA are not as familiar with the programs at other federal agencies as the staff that administer those programs. Another issue pertains to competitive grants—the MOA says that the only competitive grant that can be included in the MOA is one that is only available to Tribal Nations because of their status as a political entity. The decision to include this provision was made by the White House General Counsel. Regarding implementation and how the MOA will work in practice, it is largely unknown at this point because no Tribes have submitted an application that include the 8 new Federal agencies identified in P.L. 477. Ms. Zientek noted that there is a lot of room for improving the MOA. A participant noted that the MOA, as currently written, has unfortunately set back the progress made in getting P.L. 477 enacted. Ms. Zientek also noted that another issue is that the TANF office in the Department of Health and Human Services (HHS) will not allow a program to be included unless a tribe has already operated the program for a year. The Tribal Workgroup does not believe there is any basis for this determination by HHS and BIA has not received any statutory basis from HHS for the decision.

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Ms. Zientek said that Indian Affairs leadership has provided assurance to the Tribal Workgroup that the MOA is a living document and revisions can be made moving forward to make it a stronger and more effective tool. The Tribal Workgroup is seeking to set up a time for the Tribal Workgroup, Indian Affairs, and the other agencies included in the MOA to hold an annual meeting. The Tribal Workgroup is having a difficult time getting all the partners together but will provide an update on the progress setting up this joint meeting at the next SGAC meeting. Post Conference Discussion on TIWAHE Demonstration Project Spike Bighorn, Associate Deputy Bureau Director, Office of Indian Services Mercedes Garcia, National TIWAHE Coordinator Mr. Bighorn and Ms. Garcia provided an overview of the TIWAHE Initiative. Specifically, the following points were identified: o o

o

o o o

o o

TIWAHE fosters the coordination of services among Tribes, Federal Agencies, and State Agencies. In fiscal year 2017, Congress required that the tribes submit performance reports. BIA worked with the pilot Tribes to identify measures that were common among all of the pilot Tribes. The first-year report also provides the baseline for measuring future performance. The TIWAHE Framework is forthcoming and will demonstrate the success of the TIWAHE Initiative. The framework helps Tribes demonstrate the value of Tribes administering the services on the ground to their community and the importance of the cultural aspect in service delivery. TIWAHE has become more of a practice than a program. The basis for TIWAHE Initiative is a successful policy implemented by the New Zealand government over 12 years ago—Whanau Ora Policy. Ms. Garcia noted that it is important to demonstrate the benefit of the program to Congress. We want to connect what the Tribes are doing on the ground and the method of delivery. The Tribes and BIA are finding that the method of delivery is the most impactful component of the program. The goal is to now document the success and the approach so that additional Tribes can use and build upon the successful approach of administration. BIA plans to hold a session in August to demonstrate the success of the TIWAHE Initiative. The event will be open to all Tribal Nations. Although funding for the program ends in fiscal year 2019, BIA is moving forward under the assumption that the program will continue in fiscal year 2020. In the last 2 years, the Administration has not included TIWAHE funding in its proposed budget but Congress continues to fund it.

Mr. Bighorn and Ms. Garcia provided a detailed presentation to outline the key points from the presentation. The presentation can be found at: https://www.tribalselfgov.org/wp-content/uploads/2019/04/SGAC-Tiwahe-presentation-42319.pptx o

Several participants expressed support for the TIWAHE Initiative and Chairman Allen noted that TIWAHE was a tribally-driven initiative.

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o

A participant asked Mr. Bighorn and Ms. Garcia about actions taken in response to the Inspector General report on TIWAHE funding distribution. A participant also requested that Ms. Garcia participate in the tribal workgroup focused on funding distribution. A request was made for the Office of Indian Services to be more involved in partnerships and working with Tribal Nations because some of the practices within the Office of Indian Services are not aligned with SelfGovernance principles and make it difficult to reprogram funding in ways the best meet the needs of Tribal communities.

Post Conference Discussion on SG Provisions in the Farm Bill Kayla Gebeck, Senior Public Affairs Advisor, Holland & Knight Diane Cullo, Acting Director, Office of Tribal Relations, USDA Ms. Gebeck provided an overview of the Native Farm Bill Coalition. The impetus for the creation of the coalition is to present a united front to Congress. The details included in Ms. Gebeck’s session are included in the following presentation: https://www.tribalselfgov.org/wp-content/uploads/2019/04/NFBC-IFAI-2018FarmBillConsult-DRAFTKG-SGAC.pptx o

o

o

Ms. Gebeck noted that the US Forest Service appears very excited about the increased partnerships that will form between the agency and Tribal Nations when the self-determination provision is fully implemented. Forest Service is currently working on guidance for rolling out the demonstration project and the agency hopes to have a call for projects by the end of the fiscal year. Agency officials said the guidance is largely internal to help them get up to speed on self-determination. Ms. Gebeck encouraged Tribes to be very involved in discussions with Forest Service as this guidance is under development. Ms. Gebeck stated that USDA is unlikely to start developing guidance for the provision of the Farm Bill to implement self-determination into the Food Distribution on Indian Reservations (FDIPR) until it receives $5 M in appropriations. A participant noted that while it is great that the self-determination authority was provided in the Farm Bill, we should continue to move forward with getting Self-Governance authority implemented within USDA and these programs.

Ms. Cullo stated that the USDA leadership is very happy about the work of the Native Farm Bill Coalition and that the Secretary of Agriculture has publicly announced a dedication to Indian Country. USDA currently has several teams working on implementation of the Farm Bill and that the Secretary and Deputy Secretary will both be at the Tribal Consultation on May 2 related to implementation of the Farm Bill. Immediately following the consultation, the USDA is convening a meeting to discuss hemp regulations. Regarding self-determination provisions, USDA sees this as an opportunity for USDA to look ahead and develop agency-wide guidance and procedures on the implementation of self-determination within all USDA programs so that as additional authorities are recognized in legislation, it will be ready to implement very quickly. USDA recognizes that the relationship between Indian Country and the Department has been rocky and it is committed to improve the relationship. Ms. Cullo provided the

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group with her cell number (202-836-0791) and asked Tribal officials to please reach out to her with any questions or concerns related to USDA programs. Priorities for the 116th Congress Geoff Strommer, Partner, Hobbs, Straus, Dean and Walker, LLP Phil Bake-Shenk, Holland & Knight Tribal issues are generally an afterthought on the Hill but there are a number of potential things that might be doable in this Congress. Senator Udall is not running for reelection. Indian Community and Economic Development Act S. 212 o

Buy Indian Act provisions within the Act – language within this legislation would clarify that the Buy Indian mandate applies to all agencies within DOI and HHS. Indian Country has requested this clarification for decades. If passed, it could really bolster economic development in Indian Country.

Tribal Law and Order Act o

Includes a provision that clarifies Tribes’ inherent authority of sovereigns over their territory and the authority to exclude people from coming into their territory.

Violence Against Women Act o

The Act has strong provisions that are good for Indian Country. The bill passed the House. However, the Senate is considering a stripped-down version of the bill that would not include the provisions that would benefit Indian Country.

Budget Update Raina Thiele, Thiele Strategies, LLC George Bearpaw, Director, Office of Budget and Performance Management Tyler Scribner, NCAI Ms. Thiele provided an overview of the project and the recommendations. The aim of the TIBC Budget formulation improvement project is to streamline and increase the effectiveness of the TIBC formulation process and outcomes. The recommendations were formulated by the TIBC Budget Formulation Work Group, Federal Partners, NCAI, and Raina Thiele from Thiele Strategies consulting. A presentation covering the TIBC Budget formulation improvement project https://www.tribalselfgov.org/wpcontent/uploads/2019/04/SGAC-Presentation_4-24-19.pptx Mr. Bearpaw provided an overview of the fiscal year 2019 budget and the fiscal year 2020 budget. The President’s Budget for FY 20 totals $2.8 Billion across Indian Affairs, which is a 9% reduction to the Indian Affairs budget. Mr. Bearpaw noted that some DOI bureaus took a bigger hit than Indian Affairs. Mr. Bearpaw stated that the big change in the FY 20 budget is the separation of BIA and BIE budgets. This is primarily to establish reforms that are being discussed within BIE and the Administration. Mr. Bearpaw noted that a number of programs have been zeroed out in the Administration’s budget.

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Chairman Allen noted that we need to have a conversation about changing the name of the Small & Needy Tribes budget line. The name does not capture that the purpose of these funds is to provide smaller tribes with a base level of funding for operations. Mr. Scribner summarized recommendations of the TIBC and TIBC Budget Subcommittee for the FY 2021 BIA/BIE budget. The recommendations were formed based on discussions held at the TIBC/National BIA Budget Meeting April 9-12, 2019, and during TIBC Budget Subcommittee meetings on April 8, 11, and 12. The recommendations were further discussed in a TIBC webinar on April 16. The TIBC Budget Subcommittee Recommendations for BIA/BIE FY 20201 Budget can found at: https://www.tribalselfgov.org/wp-content/uploads/2019/04/TIBC-FY2021-Budget-SubmissionExecutive-Summary-04.18.19.pdf Post Conference Discussion on the Formula Matrix Report Terra Branson, Director, Planning, Grants and the Office of Self-Governance, Muscogee (Creek) Nation Vickie Hanvey, Financial Specialist, Office of Self-Governance, DOI Ms. Hanvey and Ms. Branson provided a presentation on the 2019 Program Formulas Matrix Update Report. The presentation can be found at: https://www.tribalselfgov.org/wp-content/uploads/2019/04/SGAC-Tech-Workgroup-PFMUReport-PPTFINAL-2019.04.18.pptx

The following topics were discussed during the session: • • •

•

• •

With the release of the IG report, the workgroup prioritized the programs from the original report that overlap with the programs in the IG report. The workgroup held routine meetings since October 2018 and both Ms. Hanvey and Ms. Branson noted the commitment of the workgroup members. The discussion focused primarily on the recommendations developed by the workgroup and sought feedback and consensus on the proposed recommendations. Participants asked several questions regarding the recommendations and Ms. Branson and Ms. Hanvey explained the rational behind the recommendations. The workgroup believes the next steps should be a letter from SGAC to AS-IA Sweeney. Ms. Freeman noted that the recommendations would be implemented by OSG but believes that the workgroup is not ready for drafting a final report. Chairman Allen asked the workgroup to draft a letter related to phase I recommendations for SGAC to review and consider before sending it to OSG. Tribal representatives did not reach consensus regarding the need for consultation prior to implementing the recommendations. Chairman Allen believes it is more important for Tribes be informed about the recommendations and the effects of implementing them over a formal consultation process.

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OSG Materials SGAC 9

Part 14 Chapter 2

INDIAN AFFAIRS MANUAL Office of Self-Governance Initiative Funding and Funding Increase Distributions

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1.1 Purpose. This chapter establishes Indian Affairs (IA) policy and procedures to develop and implement a methodology which allows for the accurate distribution and calculations by the Office of Self-Governance (OSG) of increases in funding including special initiative funding that is made available by the Bureau of Indian Affairs (BIA) Office of Indian Services (OIS) for all eligible Tribes. 1.2 Scope. This policy applies to OIS and OSG officials who process funding for Tribes including special initiative funding and associated funding increases through an Indian Self-Determination and Education Assistance Act (ISDEAA) (P. L. 93-638 Title IV) SelfGovernance Annual or Multi-Year Funding Agreement. The term "Tribes" is inclusive of Tribes within Tribal Consortia. 1.3 Policy. OIS distributes funding for multiple programs (including Social Services, Indian Child Welfare Act (ICWA), Small and Needy Tribes, Housing Improvement Program, Road Maintenance, and Job Placement and Training) to Tribes based on methodologies used to facilitate fair and equitable treatment of Tribes. Funding distributions for SelfGovernance Tribes are made in accordance with each Tribe's respective Self-Governance Funding Agreements. 1.4 Authority. A. Statutes and Regulations. 1) P.L. 103-413, Tribal Self-Governance Act of 1994, as amended 2) P.L. 93-638, Title I and IV' of the ISDEAA of 1975, as amended 3) 25 Code of Federal Regulations (CFR) Subchapter D, Human Services, and Subchapter F, Tribal Government 4) 25 CFR 115, Trust Funds for Tribes and Individual Indians 5) 25 CFR 1000, Annual Funding Agreements under the Tribal Self-Government Act, and 1001, Self-Governance Program

' Title IV Tribes and Tribal Consortia operate under Self-Governance Funding Agreements (Annual or Multi-Year) which are broad in scope and can include funding for every program a Tribe is eligible to operate. Title IV Tribes have broad statutory authority to consolidate and redesign programs, as well as reallocate funding. #19-38,

New

Issued: 6/5/19 9a

INDIAN AFFAIRS MANUAL Part 14 Chapter 2

Office of Self-Governance Initiative Funding and Funding Increase Distributions

Page 2

B. Guidance. 1) Self-Governance Negotiation Guidance for Bureau of Indian Affairs Programs2 1.5 Responsibilities. A. Director, Office of Self-Governance (OSG) is responsible for implementing Title IV of the ISDEAA (P. L. 93-638), which sets terms and conditions as they relate to funding that is provided to Self-Governance Tribes. The OSG Director provides policy direction and is responsible for the negotiation of Annual and Multi-Year Funding Agreements with eligible Self-Governance Tribes and Consortia, transferring funding, calculating contract support, resolving issues identified in financial and tribal operations, as well as annual single audit reviews and management decisions. OSG provides a central point of communication and coordination for policy and practical issues relating to Title IV Self-Governance Tribes and Consortia. B. Deputy Bureau Director, Office of Indian Services (OIS) provides policy direction and communication to manage major distributions and calculations, and support for the execution and coordination of OIS programs (including Social Services, Indian Child Welfare Act, Housing Improvement Program, Road Maintenance, Job Placement and Training as well as other major program distributions fund increases) with other BIA and OSG Offices. C. Regional Directors (RDs) are responsible for oversight of the BIA employees in their Regions to ensure that they are providing sufficient support and technical assistance to Tribal governments when agency programs are administered under self-determination awards. 1.6 Process for Managing OIS Funding Increases for Title IV Tribes. In order to ensure that all Title IV recurring program funding amounts (i.e., base funding) are known and available to support a proposed program funding increase initiative, OIS and OSG must communicate and agree on a fair and equitable methodology for Title IV tribal distributions for OIS programs. This will require that all single line item program amounts be calculated by OSG. OSG will provide base reoccurring amounts for Title IV Tribes to OIS.

The Office of Self-Governance issues the "Self-Governance Negotiation Guidance" on an annual basis. For more information on the annual guidance, please contact the Office of Self-Governance.

2

#19-38, Issued: 6/5/19 New

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INDIAN AFFAIRS MANUAL Part 14 Chapter 2

Office of Self-Governance Initiative Funding and Funding Increase Distributions

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25 CFR 1000.109a(3) requires that "general increases due to Congressional appropriations must be applied consistently, except where used to achieve equitable distribution among regions and Tribes." Accordingly, A. OIS and OSG will coordinate to make sure that the correct budget lines are considered and the correct associated funding amounts are used prior to distribution of any funding increases to Title IV Tribes. B. OIS and OSG will meet quarterly to discuss OIS funding documents and activities. This provides an opportunity for OIS and OSG to coordinate and communicate more effectively. Discussions will include but are not limited to: 1) Conferring on proposed BIA Annual Budget Request to Congress3 (i.e., Greenbook) changes for any OIS program increase no later than three (3) weeks after the Greenbook is released. 2) Conferring to ensure fiscal year funding prior to June 30th of each year. 3) Conferring on Conference Report language or bill language which supports an increase or distribution funding for the respective OIS programs. 4) OSG will review and concur with all OIS funding Financial and Business Management System (FBMS) Entry Documents (FEDs) prior to being submitted to BIA Budget for processing. 5) Conferring on funding initiatives and increases prior to the release of these funds to the BIA Regions.

Approval

Mark Cruz Deputy Assistant Secretary — Policy and Economic Development

0,47

'The BIA Annual Budget Request to Congress (i.e., Greenbook) lists and provides justifications for all IA proposed program funds for a given fiscal year. #19-38, Issued: 6/5/19 New

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9d

Department of the Interior MEMORANDUM OF UNDERSTANDING BETWEEN THE APPRAISAL AND VALUATION SERVICES OFFICE And THE OFFICE OF SELF-GOVERNANCE For PUBLIC LAW 93-638, as amended, Title IV TRIBAL SELF-GOVERNANCE FUNDING AGREEMENTS I.

PREAMBLE

With passage of the Indian Trust Asset Reform Act, P.L. 114-178 (130 Stat. 432), in June 2016 (ITARA), Section 305 ofITARA directed the administration ofappraisals and valuations oflndian trust property by a single bureau, agency or other administrative entity. On March 19, 2018, Secretary Zinke signed Secretarial Order No. 3363 consolidating appraisal and valuation functions for Indian trust and restricted property. Per Secretarial Order, the single administrative entity identified to administer Indian trust and restricted property appraisals, valuations and administration ofP.L. 93-638, (25 U.S.C. 5301 et seq.) ("638") as amended, Title IV Tribal Self-Governance Funding Agreements (F As), related to the Real Estate Appraisals program, is the Appraisal and Valuation Services Office (AVSO). Concerning the AVSO, the office is responsibl_e for all real property appraisal and valuation services, as well as all minerals economic evaluations for the Department. The primary mission ofthe Indian Trust Property Valuation Division (ITPV) ofAVSO is to provide real estate appraisal services to the Bureau of Indian Affairs (BIA), to support trust responsibility for Tribes and individual Indians. AVSO responsibility also includes providing real estate appraisal and mineral valuation services in support ofacquisitions by the Land Buy Back Program for Tribal Nations. A Tribe may elect to operate under a Memorandum of Understanding between AVSO and the tribe, which will be incorporated into the Title IV Funding Agreement. The MOU outlines operations in detail, clarifies the roles and responsibilities of each party and provides continuity during staff turnover for both parties. II.

PURPOSE AND SCOPE

It is the purpose of this Memorandum of Understanding (MOU) to ensure that Tribal/AVSO provisions for Real Estate Appraisal Services included in the Title IV funding agreements are executed and funded in an accurate and timely manner. This will require close coordination and cooperation between the Office of Self-Governance (OSG) and A VSO. AVSO will coordinate with OSG to provide the model language for a Template Tribal/AVSO Appraisal MOU for the Real Estate Appraisal Services section in the Annual Self Governance Negotiation Guidance.

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The A VSO Associate Deputy Director (ADD), will serve as the Approving Official for AVSO, and will forward any executed MOUs to OSG for incorporation into the Title IV funding agreement. AVSO will monitor awards, initiate transfer of funding and work with OSG to ensure all funds are distributed to Tribes/Consortiums in accordance with the terms of this MOU as well as the Title IV funding agreement. III.

DUTIES AND RESPONSIBILITIES

A.

OSG and AVSO will share the following duties and responsibilities: 1. Coordinate model language for a Template Tribal/AVSO Appraisal MOU for incorporation into the Draft Annual Self Governance Negotiation Guidance presented at the Annual Self Governance Conference; 2. Coordinate regarding release of the final Annual Self Governance Negotiation Guidance; 3. Immediately notify the other party regarding Tribal requests for award, modification and/or renewal ofTribal/AVSO Appraisal provisions; 4. Meet with Tribes/Consortiums interested in negotiating the AVSO real estate appraisal services function to identify eligibility and workload; 5. Coordinate negotiation meetings which may be conducted via telecommunications or in person; 6. Review and participate in the negotiation ofTribal/AVSO MOUs incorporated into funding agreements for the real estate appraisal services functions on an as needed basis; 7. Schedule and provide the necessary training and dissemination of information relative to this MOU to all affected OSG and AVSO offices within ninety days after signing this MOU; 8. Work together to resolve and complete a Reassumption or Retrocession of real estate appraisal service functions from Title IV FAs in accordance with applicable regulations if such action is warranted; 9. OSG and AVSO will coordinate and cooperate as appropriate with the Office ofthe Special Trustee-Office of Trust Review and Audit (OST-OTRA) which will continue to conduct Internal Trust Reviews of Tribal Real Estate Appraisal programs operated under Title IV FAs; 10. For convenience, OSG point of contact will provide copies of all final, approved FA documents to AVSO point ofcontact; and 11. Coordinate the exchange of financial and payment information as outlined in the following "Business Flow of Appraisal Funding and Payment Process" matrix.

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Business Flow of Appraisal Funding and Payment Process PARTY COMMENTS calculation of Funding Allocation Gathering of appraisal workload and budget data AVSO-ADD Estimating Tribal Share fundin amounts AVSO-ADD Preparation of a consolidated report listing all P.L. 93-638 Tribes and portionate Tribal Share AVSO-ADD Transfer of Funds- Treasury Preparation of a transfer of Tribal Share funding. Includes appropriation language and other documentation. Budget/AVSO-BSO OSG needs to be included in the SF1151 comm unications (SF-1151 - Non-Expenditure Transfer Authorization) Signature approvals for the 0MB form are obtained for processing at the agency level. (SF-llSl - Non-Expenditure Transfer Authorization) Bud et/AVSO-BSO The SF-1151 is used to authorize the transfer between accounts within the Treasury system of CARS (Central Accounting Reporting System). Transfer of funding is documented and tracked in this system. Approved by Certifying Officer and Treasury. Budget/AVSO-BSO Staff at Dept level certifies all SF-1151 for DOI. Currently Notification is made that CARS Treasury transfer process is complete. notification is made to BIA, Budget and Performance Mgmt Transfer of Funds- FBMS ACTIVITY

1

2 3

4 5

6 7

The CARS documentation is utilized to transfer funds within FBMS (Financial and Business Management System). Performed by BIA, Budget and Performance Mgmt and AVSO 8 Funds are added to BIA FBMS account. Funds are subtracted from AVSO FBMS account. Bud et/AVSO-BSO Buget Office BIA transfers to OSG the Tribal Share funding for SG Tribes. AVSO to be included in the email when FED is being sent from BIA Trust Services prepares a FED (Financial Entry Document) and corresponding Excel Trust to OSG 9 upload and emails to OSG. BIA Title I funds are processed through the Re ional Offices. OSG review and approval of FED documentation packet. The packet is reviewed for accuracy and forwarded to OSG Director for approval. Trust to include any distribution spreadsheet/documentation to 10 Upon approval, FED packet is forwarded for to Budget Execution OSG serve as backup documentation to the FED Budget Execution processes the FED packet. 11 Funds are moved from AAK4 (BIA) to AAK8 (OSG) OSG 12 Budget notifies all parties via email that funds have been transferred from BIA to OSG. OSG processes payments to tribes per Allocation documentation. To commit funds to individual tribes/tribal organizations, OSG Finance staff prepare a 13 PR (Purchase Requisition) in FBMS and submit for approval. Upon approval, the PR transitions to payment for individual SG tribes/tribal 14 or anizations. Individual tribal payment documentation is posted to the SGDB (Self Governance Data 15 Base).

OSG

AVSO to be included in the emails.

OSG

Status of funding transfer is reported to AVSO

OSG OSG

Tribes have real time access to SGDB to view status of funds.

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B.

AVSO will have the following duties and responsibilities: I. Provide any updates to the Template Tribal/AVSO Appraisal MOU to OSG for incorporation into the Draft Annual Self Governance Negotiation Guidance presented at the Annual SelfGovernance Conference; 2. Identify the AVSO designated representative(s); 3. Within fifteen calendar days ofreceipt ofa Tribe/Consortium's letter ofinterest, notify the Tribe/Consortium in writing of the designated representative to respond to requests for information with a copy to the OSG negotiator; 4. Determine the Tribe/Consortium's appraisal workload, estimated funding amount and compact administration issues; 5. Maintain an electronic log that contains the following information: a. Type ofproposal received: i. new provisions with specific program, service, function, or activity that the Tribe/Consortium intends to assume; 11. version of MOU or continuing MOU; iii. modification to existing Tribal/AVSO provisions; e.g., program standards, redesign; b. name ofTribe/Consortium submitting proposal; c. date proposal received; and d. printed name and signature of person receiving the proposal. 6. Forward copies of any documents received from the Tribe/Consortium to OSG, including any information or documents issued by AVSO to the Tribe/Consortium; 7. Advise OSG regarding any program or program activities that may not be included in a funding agreement; 8. Participate in a review of a draft funding agreement relative to the Real Estate Appraisal Services program; 9. Estimate the tribal share or award amounts; 10. Coordinate the exchange offinancial and payment information as outlined in the "Business Flow ofAppraisal Funding and Payment Process" matrix; 11. Sharing ofstartup costs for CSC calculations when applicable; 12. Negotiate via telecommunication or in person with a Tribe/Consortium to award, modify and/or renew Tribal/AVSO Appraisal MOUs; 13. Provide copies of documentation to OSG for incorporation into official tribal funding agreement files.

C.

OSG will have the following duties and responsibilities: I. Notify the AVSO of specific drafting deadlines and request updates to the Template Tribal/AVSO Appraisal MOU to OSG for incorporation into the Draft Annual Self Governance Negotiation Guidance presented at the Annual SelfGovernance Conference; 2. Provide to AVSO a listing of assigned negotiators with contact information; 3. Provide draft funding agreement, reprogramming requests and MOU to AVSO when appraisal services have been compacted; 4. Provide to AVSO copies of executed Title IV FAs with incorporated Tribal/AVSO Appraisal MOUs;

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5. Facilitate negotiations with AVSO Point of Contact (POC) and tribes when requested by AVSO to award, modify and/or renew Tribal/AVSO MOU, obligate funds, and confirm the availability and transfer of any indirect costs and/or startup costs; 6. Upon AVSO transmittal of funding to OSG, ensure prompt payment is made to tribes in accordance with the Tribal/AVSO MOU and/or funding agreement; 7. Maintain records of payments to Title IV tribes; 8. Issue findings and determinations pertinent to Single Audit Act matters when necessary; 9. OSG Director is the Awarding Official on Title IV matters in the event of tribal appeals or subject matter litigation and will work in coordination with AVSO in relation to the Real Estate Appraisal program. IV.

DURATION

This Memorandum of Understanding shall remain in effect until amended or terminated in writing by the parties. Each party must respond to request for modiftcation(s) within thirty (30) days of receipt. V.

SIGNATURES

This MOU becomes effective on the date both parties sign the agreement. Signed by: Office of Self Governance

Appraisal and Valuation Services Office Digitally signed by ELDRED

ELDRED LESANSEE LESANSEE

Date: 2019.06.19 14:29:13 -06'00'

Signature Sharee Freeman Print Name

Eldred F. Lesansee Print Name

OSG Director Title

AVSO-Associate Deputy Director Title

JUN 2 0 2019

Date

June 19, 2019 Date

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U.S. Department of the Interior MEMORANDUM OF UNDERSTANDING BETWEEN OFFICE OF SELF-GOVERNANCE AND BUREAU OF INDIAN AFFAIRS OFFICE OF INDIAN SERVICES FOR DISTRIBUTION OF SOCIAL SERVICES AND INDIAN CHILD WELFARE ACT PROGRAM INITIATIVE FUNDING AND FUNDING INCREASE DISTRIBUTIONS A. Purpose This Memorandum of Understanding (MOU) between the Office of Self-Governance (OSG) and the Bureau of Indian Affairs (BIA) Office of Indian Services (015) is intended to ensure that OSG and 015 establish standard operating procedures and formalize them in an MOU that agrees to work together and create a functional funding methodology and process for future distributions of Social Services and Indian Child Welfare Act {ICWA) Program Initiative funding that is fair and equitable. B.Scope The MOU applies to respective staff in BIA Regions and Agencies, the OSG Northwest Field Office (NWFO), as well as OIS and OSG officials working in the Central Office (CO) who are responsible for determining, approving and certifying how much Social Services and ICWA Program Initiative funding is to be provided to Tribes in future distributions. Tribes that receive their Social Services and ICWA Program Initiative funding pursuant to a Self-Determination Contract negotiate with a BIA Contracting Officer located in the region or agency. Regional Social Service Workers are available to provide technical assistance to the Tribes and Contracting Officers. Self-Governance Tribes that receive their Social Services and ICWA Program Initiative funding under an Annual or Multi-Year Funding Agreement negotiate their Funding Agreements with negotiators who work in the OSG NWFO or CO as applicable. Tribes served by OSG are inclusive of Tribes within Tribal Consortia. OIS and OSG financial staff are involved in the transfer of the Social Services and ICWA Program Initiative funding to the recipient Tribes. OIS financial staff works in CO while OSG financial staff works in CO and the NWFO. C. Policy It is the policy of the BIA OIS and OSG to work cooperatively to develop, agree upon, and implement a functional funding distribution methodology that facilitates and ensures that all Tribes (including Direct Service, Contracting, and Self-Governance Tribes) are treated fairly, and receive accurate Social Services and ICWA Program Initiative funding into the future. D. Authority Tribes operating under the authority of Title I of Pub. L. 93-638, Indian Self-Determination and Education Assistance Act of 1975, as amended, enter into a 638 Contract which involves a Scope of Work with associated monitoring and reporting requirements. Contracting Officers are Awarding Officials who are located in BIA Region or Agency locations. Applicable regulations are found at 25 CFR Part 900.

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Tribes operating under the authority of Title IV of Pub. L. 93-638, Indian Self-Determination and Education Assistance Act of 1975, as amended, enter into Self-Governance Annual or Multi-Year Funding Agreements which are broad in scope and can include funding for every program a Tribe is eligible to operate. Title IV Tribes have broad authority to consolidate and redesign programs, as well as reallocate funding. The OSG Director is located in the Central Office and serves as the Awarding Official for Title IV Tribes. Applicable regulations are found at 25 CFR Part 1000. Annual Negotiation Guidance for BIA Programs is issued by the OSG Director. E. Duties and Responsibilities OSG and OIS share the following duties and responsibilities: • •

• • •

• • • •

The OSG Director is the Awarding Official for all Self-Governance Annual and Multi-Year Funding Agreements and is responsible for fair, equitable and accurate funding distributions of the Social Services and ICWA Program Initiative increases awarded to Self-Governance Tribes. The Deputy Bureau Director (DBD), Office of Indian Services (OIS) is responsible for issuing policy direction and communication to BIA Regions/Agencies and OSG that allow for a fair, equitable and accurate funding distribution of the Social Services and ICWA Program Initiative Increases to the Tribes. The Regional Directors (RDs) are responsible for managing BIA employees in their Regions to ensure that sufficient support and technical assistance is provided to Tribes when region/agency programs are administered under Self-Determination Contracts. The DBD, OIS and Director, OSG shall meet at least quarterly to coordinate and communicate effectively to ensure that fair, equitable and accurate funding distributions of new Social Services and ICWA Program Initiative Increases to Self-Governance Tribes are made. Topics to be discussed at quarterly meetings by DBD, 015 and OSG include, but are not limited to, the following: o Proposed Green Book provisions related to new Social Services and ICWA Program Initiatives; o Funding Increases no later than three weeks after the Green Book is released; o Applicable Fiscal Year funding amounts of Program Initiatives prior to April30 of each year; o Conference Report or Appropriation language related to 015 Program Initiative funding Increases to be distributed; BIA Awarding Officials in the field are responsible for ensuring that fair, equitable and accurate Social Services and ICWA Program Initiative increases are identified in the Self-Determination Contracts that are approved; The DBD, 015 is responsible for determining that the Social Services and ICWA Program Initiative Funding Increases identified in respective 638 Contracts are fair, equitable and accurate and consistent with the OIS guidance; OSG Negotiators are responsible for working with the Tribes to identify and negotiate the fair, equitable and accurate funding amounts and associated terms to be included in the Self­ Governance Funding Agreement and Reprogramming Request; 015 and OSG Financial staff will work cooperatively to ensure that fair, equitable and accurate and timely Social Services and ICWA Program Initiative funding distributions are made to Self­ Governance Tribes;

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•

•

• • •

When calculating an increase for a Title IV Tribe, OSG and OIS will coordinate with each other to identify and agree upon all applicable single line item program amounts. As part of the coordination process, OSG will consult with individual Self-Governance Tribes on an as needed basis. There are three budget lines in which a Tribe's Program can be funded. They include (1) The Program line; (2) Other Aid to Tribal Government (OATG); and (3) Consolidated Tribal Government Program (CTGP). OSG will work with each Self-Governance Tribe to determine the associated Social Services and ICWA Program Initiative funding amount on an as needed basis prior to any new Initiative Increases; Before Social Services and ICWA Program Initiative funds are distributed to the Tribes, OIS and OSG shall coordinate and agree that the correct budget lines are being used and the funding amounts provided to the Tribes are accurate, fair, equitable and consistent; and OIS will send OSG the Social Services and ICWA FEDs for review, concurrence and signature prior to being submitted to BIA Budget for processing; OIS will confer with OSG prior to distributing Social Services and ICWA Program Initiative funding increases to the BIA Regions; OSG will review and concur with BIA Program Initiative Funding increases for Self-Governance Tribes prior to OIS submitting the FEDs to Budget for processing.

F. Duration The MOU shall remain in effect until further notice. Any request for modification(s) will be made in writing and mutually agreed to in writing by the delegated representatives of BIA, OIS and OSG. Each party must respond in writing to a request for modification(s) within thirty (30) days of receipt.

G. Signatures This MOU becomes effective by signature of both parties. Signed by: ices

Spike Bighorn Print Name Acting Director

Office of Self-Governance

Sharee M. Freeman Print Name Director Title

JUL O 9 2019

Date

Date

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ATTACHMENT 4 Expected Data/Information Request

Requesting Entity

Estimated Request Date

A. Report on 2019 status of Indian forest lands on

BIA Regional Director

October 2019

Report to Congress and tribes on status of Indian forest lands per 25 C.F.R. §163.82

B. Information for contract support costs report to Congress

Miles Reader, OSG Financial Specialist

August I, 2019

Implement 25 U.S.C §5325(c)

January 2020

Determine Tribal compliance with statutory and regulatory requirements in a Tribe's approved 477 program plan per 25 U.S.C. §3410

attaining standards, goals and objectives set forth in approved forest management plans•

C. Information contained in a single report format from tribes participating in the new P.L.115-93 (477 Program

BIA Office of Indian Services Division of Workforce Development

Basis for Request

D. Information to be used in the formulation of the BIA FY 2021 budget

Assistant Secretary for Indian Affairs

February 2020

Implement guidance from 0MB and Assistant Secretary for Policy, Management and Budget

E. Update roads inventory information for Road Inventory Field Data System to determine 2021 FAST Act Tribal Transportation Program funding distribution

BIA Regional Director

February 2020

Implement BIA national distribution methodology per Final Rule Published in Federal Register

F. Information on 2020 crime reported in Indian country*

BIA District Special Agent In Charge Office of Justice

Monthly

Maintain criminal justice information system for Indian country per 25 C.F.R. §12.41

G. Information on 2020 tribal enrollment, service population, and labor force information.

Office of Assistant Secretary - Indian Affairs

February 2020

Vickie Hanvey, OSG Program Policy Analyst

August 16, 2019

Implement 25 U.S.C. § 458ee and 25 CFR §1000.381

BIA Office of Indian Services

November 2019 (FY) January, 30 2020 (CY)

Implement BIA national distribution methodology

J. Information to determine the amount of 2020 Public Law 93- 638 pay cost funding distribution

BIA Regional Director

May 2020

Implement BIA national distribution methodology

K. Real Estate information for 2020 Annual Activity Log and Caseload Reports

BIA Regional Director

Quarterly and Annual

Implement performance management activities per GPRA, including 5 U.S.C. § 306 & 31 U.S.C. § §11151116

L. Irrigation and Safety of Dams Construction Project Quarterly Status Report for 2020

BIA Regional Director

Quarterly and Project Completion

Resolve current and avoid future material weaknesses in BIA Audited Financial Statements

M. Information needed to compete and/or apply for 2020 non-recurring program funding to be provided to the Tribe/Consortium

BIA Regional Director

Periodically Throughout the Year

Implement national BIA distribution methodologies per program funding announcements

N. Indian Child Welfare Act statistical and narrative program performance reports and Standard Form 425

BIA Regional Director

H. Information on 2019 tribal self-governance activity to attach to the Secretary's Tribal SelfGovernance 2016 Annual Report to Congress I. Financial Assistance and Social Services Report to determine 2020 welfare assistance funding distribution and service only caseload

Services

Events between scheduled reporting dates that have significant impact on Indian Child Welfare Act activity. 0. Child Abuse and Neglect statistical reports and related information•

BIA Regional Director & BIA OJS District Commander

P. Program performance information to measure 2020 program performance management

BIA Regional Director

2020 Final Self-Governance Negotiation Guidance For BIA Programs

Implement 25 U.S.C. § 3416

As required by 25 C.F.R. § 23.47 (a)Quarterly and Annual (c) As soon as problems, delays, adverse conditions, or serious As required by 25 C.F.R. § 23.47 (d) conditions giving rise to liability become known. As Incidents are Reported

Maintain child abuse and neglect information per 25 U.S.C.§ 2434

Concurrent with Reporting to Implement BIA program performance Law Enforcement or Social management activities per GPRA, including 5 U.S.C. § 306 & 31 U.S.C. Services Agency §§ 1115-1116

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Expected Data/Information Request

Requesting Entity

Estimated Request Date

Q. FAST Act Tribal Transportation Program performance information

To Be Determined by FHWA

Ongoing

R. FAST Act Tribal Transportation Program financial status report

To Be Determined by FHWA

S. Appraisal log and backlog information for Real Estate Appraisal Services Program

OST Office of Appraisal Services

. .

Basis for Request Implement FAST Act Tribal Transportation Program performance management activities per GPRA, including 5 U.S.C. § 306 & 31 U.S.C. §§ 1115-1116

Within 90 calendar days after As required by 23 U.S.C. § the end of the operating year l l 19(c)(6)(A) Appraisal Log June 2020 Backlog Quarterly

Negotiated Memorandum of Understanding

*Information may also be mcluded m a Self-Governance mm1mum data collection form to be used by Self-Governance Tnbes to report 2019 Tnbal Self-Governance activity to attach to the Secretary's Tribal Self-Governance 2019 Annual Report to Congress.

2020 Final Self-Governance Negotiation Guidance For BIA Programs

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Budget Materials SGAC 10

Methodologies for Calculating Estimated Costs of Law Enforcement and Tribal Court Programs The cost estimates for Law Enforcement programs and Tribal Courts assume that all tribes of a similar size have Law Enforcement agencies or Tribal Courts with the same composition. Law Enforcement programs and Tribal Courts are usually sized to meet the needs of a population range. Population data in the 2013 American Indian Population and Labor Force (AIPLF) Report prepared by the Office of the Assistant Secretary – Indian Affairs using 2010 Census was used to estimate service population by tribe. The AIPLF estimates that the total service population on Indian lands is just under 2 million. About two-thirds of the population is located in non-P.L. 280 states, and a third is located in P.L. 280 states, primarily Alaska and California. This report grouped tribes by population size, and then used scalable cost models to create estimates for operating Law Enforcement programs and Tribal Courts for each group. Law Enforcement Cost Estimate – Based on a budget for a standard Law Enforcement program model that includes police officials, dispatchers, administrative services, and supplies and equipment, the cost of a “Basic” program that would serve tribes with service populations ranging from 1,601-6,500 is estimated at $2.0 million. The number of officers budgeted at each level generally follows a ratio of 2.8 officers per 1,000 residents. The table with the scalable Law Enforcement budget model shows the Basic program scaled to various levels based on tribal service populations. For example, tribes with a service population of less than 600 could be served by a Law Enforcement agency with a lower capacity at a cost of $666,000, whereas tribes with a service population ranging from 16,251-19,500 would require a Law Enforcement presence three times the size at an annual cost of $5.5 million. Tribal Service Population

Law Enforcement Need

<600 600-1,600 1,601-6,500 6,501-9,750 9,751-13,000 13,001-16,250 16,251-19,500 19,501+

Basic @ 1/3 capacity Basic @ 2/3 capacity Basic Basic @ 50% increased capacity Basic @ 100% increased capacity Basic @ 150% increased capacity Basic @ 200% increased capacity Basic @ 250% increased capacity

Annual Cost ($000)

$ 666 $ 1,333 $ 2,019 $ 2,994 $ 3,836 $ 4,679 $ 5,501 $ 6,344

Tribal Courts Cost Estimate – Data collected from 41 Tribal Court assessments completed by BIA over the past year was used to produce a scalable Tribal Court budget model. The size of the tribe’s service population drives the size of the court, and the size of the court drives the cost of the court. The table with the scalable Tribal Court budget model shows the cost of a Full Time Court that would serve tribes with service populations ranging from 1,601-6,500 is estimated at $2.0 million and scaled to various 1 population of less than 600 levels based on tribal service populations. For example, tribes with a service could be served by a court that operated for 4.3 months over the course of a year at a cost of $717,000, whereas tribes with a service population ranging from 16,251-19,500 would require a tribal justice system 3 times the size of a Full Time Court, at an annual cost of $6.0 million. Tribal Service Population

<600 600-1,600 1,601-6,500 6,501-9,750 9,751-13,000 13,001-16,250 16,251-19,500 19,501+

Tribal Court Need Part Time (4.3 months) Part Time (8 Months) Full Time Full Time X 1.5 Full Time X 2 Full Time X 2.5 Full Time X 3 Full Time X 3.5

Annual Cost ($000) $ 717 $ 1,333 $ 2,000 $ 3,000 $ 4,000 $ 5,000 $ 6,000 $ 7,000

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10 b

Facility Design - BIA ADF-2A-12 (Renovation, Addition, New Construction only) Physical plant design facilitates continuous personal contact and interaction between staff and inmates in housing units. All living areas are constructed to facilitate continuous staff observation, excluding electronic surveillance, of cell or detention room fronts and areas such as dayrooms and recreation spaces.

Sufficient Staff - BIA ADF-2A-09 Sufficient staff, including a designated supervisor, are provided at all times to perform functions relating to staff safety and the security, custody, and supervision of inmates as needed to operate the facility in conformance with the standards.

Inmate Movement under Staff Control - BIA ADF-2A-07 All inmate movement from one area to another is controlled by staff.

No Inmate Control over Others - BIA ADF-2A-06 No inmate or group of inmates is given control, or allowed to exert authority, over other inmates.

Male and Female Staffing - BIA ADF-2A-05 When both males and females are housed in a facility, at least one male staff member and one female staff member are on duty at all times.

Personal Contact between Staff and Inmates - BIA ADF-2A-03 Personal contact and interaction between staff and inmates is required. Inmates classified as medium or maximum security risks are personally observed by an officer at least every 30 minutes on an irregular schedule. Inmates classified as minimum or low security risks are personally observed by an officer at least every 60 minutes on an irregular schedule. The facility administrator or designee visits the facility’s living and activity areas at least weekly.

Correctional Officers’ Posts - BIA ADF-2A-02 Correctional officers’ posts are located in, or in close proximity, to inmate living areas to permit officers to see, hear, and respond promptly to emergency situations. There are written orders for every correctional officer’s post.

The following is excerpted from the BIA Detention Guidelines (Draft-2010). How do these requirements impact your facility?

BIA Detention Guidelines Standards

Relief or Availability Factor - may be expressed as Net Annual Work Hours. This a calculation of the number of hours staff are available to work, based on the contracted number of hours per year minus the number of hours off per staff person per year.

Schedule - the actual days and times when staff is expected to work.

•

•

Staffing Plan - the relationship of posts over time. It identifies the shift(s) when each post is staffed.

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Post - a staff assignment which can either be a specific place (i.e. Master Control) or can relate to a specific function (i.e. Escort Officer). Posts are generally staffed by qualified individuals of a particular job classification and must be staffed during specified hours. Positions, on the other hand, are filled by specific individuals and are generally not relieved.

•

•

Review the definitions of these key staffing terms.

Definition of Key Staffing Terms

Personnel Fringe @30% Overtime @20% Personnel Subtotal Travel Training Vehicle Expense Communication/Telephone Contractual Services Supplies Postage Food Supplies Equipment Other Subtotal TOTALS

DESCRIPTION 1,571,509 471,453 314,302 2,357,264 28,000 18,000 25,000 6,000 15,000 75,000 1,200 120,000 30,000 318,200 $2,675,464

ADULT 1,246,149 373,844 249,230 1,869,223 25,000 15,000 20,000 3,000 30,000 80,000 1,200 86,000 40,000 300,200 $2,169,423

JUVENILE

BUDGET SUMMARY

2,817,658 845,297 563,532 4,226,487 53,000 33,000 45,000 9,000 45,000 155,000 2,400 206,000 70,000 618,400 $4,844,887

TOTALS

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The example correctional facility has a capacity of roughly 70 adults and 46 juveniles. Below is an estimate of the program costs to operate an Adult and Juvenile detention program in the facility at maximum capacity. The facilityâ&#x20AC;&#x2122;s floor plans were used to develop staffing requirements and the detailed coverage plans, which are shown in the following pages. The 2015 Federal Salary Table was used for wages and benefits. Operational expenses are based on estimates and averages of existing BIA detention facilities.

EXAMPLE ADULT/JUVENILE DETENTION PROGRAM COST

Travel: To pay for the costs associated with travel for 36 staff for training (basic correctional training, 40 hours in-service and specialty training) such as meals and lodging, and other travel associated with correctional program operation and services.

II.

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Salaries: To cover the cost of 36 positions for the adult detention program: (1) Supervisory Correctional Officer; (4) Lead Correctional Officers; (26) Correctional Officers; (1) Law Enforcement Assistant; (1) Cook, and; (2) Food Service Workers. These positions are essential for the program operation.

I.

BUDGET LINE ITEMS

STAFF COVERAGE BUDGET DETAILS â&#x20AC;&#x201C; ADULT PROGRAM

Vehicle Expenses: To pay for costs associated with fleet maintenance and fuel for 5 detention vehicles to include 3 transport vehicles and 2 administrative vehicles.

Telephone: To pay for telephone service for the adult detention program and any maintenance cost associated with phone service. The amount is based on a monthly expenditure of $500 per month.

Contractual Services: To pay for services which support the detention program operation such as computer equipment and services, cellular phone and services, pest control, and waste disposal.

IV.

V.

VI.

Equipment: Purchase of cell extraction and equipment for police officers, portable radios, television, medical carts, restraint equipment, printers, computers (replacement), replacement kitchen equipment such as mixers, microwaves, etc.

X.

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Food Supplies: To purchase food supplies for inmates at a cost of $10,000 per month ($120,000).

IX.

VIII. Postage: To purchase postage associated with the cost of mailing documents and use of overnight delivery services such as fedex.

VII. Supplies: To purchase office supplies for the daily office administration, such a printing paper, files, pens, markers, ink, staples, and etc ($15,000); to purchase supplies and uniforms for 31 correctional officers ($20,000) to purchase inmate uniforms ($15,000) inmate hygiene supplies, property storage bins, property bags and etc; purchase of other personal protective gear, to include gloves, cuffs and etc, pursuant to the BIA Adult Detention Handbook; detergent; first aid supplies ($25,000)

Training: To cover the cost of annual in-service, advanced and specialty training to maintain correctional officer certification for 30 security staff; to cover the cost of management and other specialty training for the facility administrator and the lead correctional officers, and; specialty training for the Law Enforcement Assistant, Cook and Food Service Workers.

III.

Salaries: To cover the cost of 28 positions for the juvenile detention program: (1) Supervisory Correctional Officer; (4) Lead Correctional Officers; (21) Correctional Officers; (1) Cook, and; the addition of (1) Supervisory Correctional Specialist to oversee both adult and juvenile program operations. These positions are essential for the program operation.

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XIII. Training: To cover the cost of annual in-service, advanced and specialty training to maintain correctional officer certification for 26 security staff; to cover the cost of management and other specialty training for the Facility Administrator, Supervisory Correctional Officer and Lead COs, and; specialty training for the Law Enforcement Assistant, Cook and Food Service Workers.

XII. Travel: To pay for the costs associated with travel for 28 staff for training (basic correctional training, 40 hours in-service and specialty training) and transports, i.e., meals and lodging, and other travel associated with juvenile correctional program operation and services.

XI.

BUDGET LINE ITEMS

STAFF COVERAGE BUDGET DETAILS â&#x20AC;&#x201C; JUVENILE PROGRAM

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XX. Equipment: Purchase of cell extraction and equipment for correctional officers, portable radios, television, medical carts, restraint equipment, printers, computers (replacement), laptops, and etc.

XIX. Food Supplies: To purchase food supplies and snacks for juvenile inmates.

XVIII. Postage: To purchase postage associated with the cost of mailing documents and overnight delivery such as fedex.

XVII. Supplies: To purchase office supplies for the daily office administration, such a printing paper, files, pens, markers, ink, staples, books, school supplies, correctional officer and inmate uniforms, youth inmate hygiene supplies, property storage bins, property bags, mattresses, linen, shovels, purchase of other personal protective gear, gloves, cuffs, first aid supplied, detergent and etc. These are essential supplies and necessary pursuant to the BIA Detention Handbook.

XVI. Contractual Services: To pay for services which support the juvenile detention program operation such as computer equipment and services, cellular phone and services, pest control, waste disposal, and any contracts associated with services for the youth as it relates to education and behavioral/mental health as needed.

XV. Telephone: To pay for telephone service for the juvenile detention program and any maintenance cost associated with phone service. Adult detention will incur the bulk of the cost, this will be an additional $250/month for juvenile telephone usage.

XIV. Vehicle Expenses: To pay for costs associated with fleet maintenance and fuel for 4 detention vehicles to include 2 transport vehicles and 2 administrative vehicles (1-SCS and 1 juvenile administrative vehicle).

TRIBAL NEEDS SURVEY ASSESSMENT OIS, DIVISION OF HUMAN SERVICES AS OF: OCTOBER 4, 2016 WELFARE ASSISTANCE Calculation: Total Need – Current Funding = Unfunded Obligation Definitions: Total Need: Total Welfare Assistance Actual Reported Expenditures on Previous Year FASSR, Column P Current Funding: Total Amount of Welfare Assistance Funding the Tribe received in the previous funding year Unfunded Obligation: Total Amount Tribe needs to operate at 100% and serve all eligible participants 1) Total Welfare Assistance Actual Reported Expenditures on Previous Year FASSR, Column “P” = Total Need 2) Total Amount of Welfare Assistance Funding received in the previous funding year Total Need – Current Funding = Unfunded Obligation

INDIAN CHILD WELFARE ACT Calculation: Step 1: Total Service Need + Total Worker Need = Total Projected ICWA Need Step2: Total ICWA Need – Current Funding Level = Unfunded Need Definitions: Total Service Need (dollar amount): # of Active ICWA Case (Previous Year) * $1,000 # of Active ICWA Cases directly from the ICWA and Child Abuse and Neglect Quarterly and Annual Report (OMB 1017-0073) Total Worker Need (dollar amount): Step 1: # of Active ICWA Cases/ 17 = # of Workers Step 2: # of Workers * $50,000 Current Funding Level: Total Amount of Funding the Tribe receives in ICWA TPA funding 1) # of Active ICWA Cases divided by 17 = # of Soc.Workers Needed 10 i

Road Maintenance (TPA)

A0T96

Social Services (TPA)

Welfare Assistance (TPA)

Indian Child Welfare Act (TPA)

A0H91

A0H92

HUMAN SERVICES

Regional Oversight

A0H90

A0T60

Small & Needy Tribes (TPA)

A0T97

Tribal Government Program Oversight

Aid to Tribal Government (TPA)

TRIBAL GOVERNMENT

Section/Program Name

A0T90

Program Code

The objective of the Human Services activity is to improve the quality of life for individual Indians who live on or near Indian reservations and to protect children, the elderly, and disabled from abuse and neglect. Social Services funding provides support to Bureau staff at the Regional Office and Agency levels and to contracted/compacted tribal social workers. The Social Service staff processes applications for financial assistance and delivery of critical protective services to the elderly, children, and families. This program provides welfare assistance to American Indians and Alaska Natives who have no access to Temporary Assistance to Needy Families (TANF), do not meet eligibility criteria for TANF, or have exceeded the lifetime limit for TANF services. The Welfare Assistance programs are designed to be secondary in nature. Welfare Assistance has traditionally played a large role in the ability of tribes to take care of its citizens and supports tribal self-determination and selfgovernance. This program prevents the separation of Indian families and also provides assistance for the reunification of families. Tribal ICWA directors have become central contact points for tribes and Indian families in seeking assistance for temporary and permanent placement of Indian children. The work of ICWA staff has resulted in improved coordination and compliance with the Indian Child Welfare Act, thereby recognizing the tribal authority over Indian children in need of permanent placement.

The Regional Oversight funding provides for staff and costs associated with the tribal Government Program Oversight activity services performed at the regional office level, including negotiating, monitoring, and providing technical assistance to nearly 3,200 self-determination contracts.

Description In 1975, the Congress enacted the Indian Self-Determination and Education Assistance Act (the Act), P.L. 93-638, as amended. The Act assured that tribes had involvement in the direction of services provided by the Federal Government in an attempt to target the delivery of such services to the needs and desires of the local communities. The Tribal Government activity endorses and constantly encourages, to the greatest extent possible, the participation of American Indian and Alaska Native tribal governments in the management and operation of programs and services formerly administered by the Federal Government. This funding provides Federal staff support to federally-recognized tribes at the agency level in the 12 BIA regions which have not contracted or compacted the program from Indian Affairs as well as providing funding to those tribes that choose to perform these functions under Indian self-determination. In 1993, the Small Tribes Initiative was created to support P.L. 93-638 by fostering stable tribal governments’ ability to exercise their authority as sovereign nations. The purpose of the initiative was to provide small tribes with a minimum TPA base funding by which they could run viable tribal governments. The Road Maintenance program provides the primary source of funds for maintenance of all IA roads and bridges constructed with Highway Trust Fund (HTF) resources under the Federal Highways Administration Indian Reservation Roads (IRR) program in Indian Country.

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1) # of Active ICWA Cases divided by 17 = # of Soc.Workers Needed 2) # of Workers X $50,000 = Total Soc. Worker Need 3) # of ICWA Cases X $1,000 = Total Service Need Total Worker Need + Total Service Need – Current ICWA Funding Level = Unfunded Obligation

1) Total Welfare Assistance Actual Reported Expenditures on Previous Year FASSR, Column “P” = Total Need 2) Total Amount of Welfare Assistance Funding received in the previous funding year Total Need – Current Funding = Unfunded Obligation

1) National Average is 15 Clients to 1 Social Worker 2) Total Clients Divided by 15 = Total Social Workers needed 3) Social workers needed - Social Workers on staff = Staffing shortage Social Worker Avg Salary x Staffing Shortage = Unfunded Obligation

1) # of staff needed to provide proper support - # of staff on board = staffing need; 2) Total Salary required for staff positions needed (outline positions in explanation) Total of Salaries = Unfunded Obligation Use this link to pull up Federal Salary tables and select the table for your region: https://www.opm.gov/policy-data-oversight/pay-leave/salarieswages/2016/general-schedule/

1) $10,000 per mile per year = Total Need Total Need - Current Funding = Unfunded Obligation

1) Total cost of Tribal Gov't Activities - prior year expenditures for Elections, Council, Legislature, Enrollment, Legal council, etc. Total Costs - Total Funding provided = Unfunded Obligation. 1) SMALL Tribe= less than 1500 tribal members. 2) A NEEDY Tribe = In Lower 48: Base Funding is LESS than $160,000. In Alaska: Base Funding is LESS than $200,000. Needy Base Funding - Current Base Funding = Unfunded Obligation

Tribal Calculation Help

Human Services Tribal Design (TPA)

A0H94

Natural Resources (TPA)

Irrigation Operations and Maintenance

Rights Protection Implementation

Tribal Management/Development Program

Endangered Species

A0N30

A0N31

A0N32

A0N3A

TRUST - NATURAL RESOURCES MANAGEMENT

Regional Oversight

A0N9A

A0H60

Housing Improvement Program (TPA)

A0H93

Human Services Program Oversight

Section/Program Name

Program Code

Individual tribes have jurisdiction over hunting and fishing activities on trust lands, and the Tribal Management/Development Program (TMDP) supports tribal self-determination by allowing tribes to determine how best to ensure the proper management of tribal fish and game programs on Indian reservations. This program coordinates IA and tribal responsibilities associated with compliance with the Endangered Species Act (ESA), P.L. 93-205, and the related protection and preservation of trust lands and resources. It supports the improvement of conditions for the environment, cultural resources, and endangered species on Indian lands by coordinating activities required to comply with the ESA.

The primary function of the Trust - Natural Resources Management program is to assist tribes in the management, development, and protection of Indian Trust land and natural resource assets. The resource management activities undertaken provide many benefits to the landowner such as revenue, jobs, and the protection of cultural, spiritual, and traditional resources. Natural Resources supports the strategy of improving management, protection, and development of Indian land and natural resource assets by allowing tribes to manage their own natural resources and compliance with various regulations and requirements related to their natural resource assets The Irrigation Operations and Maintenance program ensures prudent management of water resources on Indian lands through provision of funding to operate, maintain, and rehabilitate irrigation infrastructures in accordance with accepted industry standards. Payments required by established legal directives comprise much of the requested budget for this program. The Rights Protection Implementation program supports the implementation of Federal court orders that resulted from decisions in complex, off-reservation treaty rights litigation. These cases were based on large land cession treaties in which the signatory tribes conveyed land to the United States and reserved the right to hunt, fish and gather within the territory ceded. These rights apply beyond particular reservation boundaries and are shared among multiple tribes.

This funding provides for staff and costs associated with the technical assistance, training, and monitoring performed at the regional office level.

Description The Housing Improvement Program (HIP) is designed to serve as a safety net program, targeting those neediest individual Indians residing within approved service areas who cannot meet income requirements set forth by tribes administering Department of Housing and Urban Development (HUD) housing programs. This program improves the quality of life of Indians qualified to participate in the program by eliminating substandard housing and homelessness on or near federally recognized reservation communities. This program supports American Indians and Alaska Natives by allowing flexibility to redesign their Social Service program delivery as authorized under the Snyder Act of 1924. Improvements realized by a number of tribes include combining resources between similar program areas to achieve cost savings in administration, such as using the same staff to process applications for two to three programs.

10l

1) # of treaty areas/activities to be addressed - # of treaty areas/activities funded = Total # Unfunded; 2) Cost of unfunded areas/activities from formal budget; 3) Remaining balance for partially funded areas/activities Cost of unfunded + Balance of partially funded = Total Unfunded Obligation 1) # of areas/activities to be addressed - # of areas/activities funded = Total # Unfunded; 2) Cost of unfunded areas/activities from formal budget; 3) Remaining balance for partially funded areas/activities Cost of unfunded + Balance of partially funded = Total Unfunded Obligation 1) # of projects/activities to be addressed - # of projects/activities funded = Total # Unfunded; 2) Cost of unfunded projects/activities from formal budget; 3) Remaining balance for partially funded projects/activities Cost of unfunded + Balance of partially funded = Total Unfunded Obligation

There is no standard calculation for this program line, please be very specific on how you arrived at your unfunded obligation amount.

There is no standard calculation for this program line, please be very specific on how you arrived at your unfunded obligation amount.

1) # of staff needed to provide proper support - # of staff on board = staffing need; 2) Total Salary required for staff positions needed (outline positions in explanation); Total of Salaries = Unfunded Obligation; Use this link to pull up Federal Salary tables and select the table for your region: https://www.opm.gov/policy-data-oversight/pay-leave/salarieswages/2016/general-schedule/

There is no standard calculation for this program line, please be very specific on how you arrived at your unfunded obligation amount.

# of Applicants - # of Applicants Served = Unserved Applicants; Unserved applicants x Average cost = Unfunded Obligation

Tribal Calculation Help

Tribal Climate Resilience

A0N33

Invasive Species

A0N3C

Forestry Projects

A0N3E

A0N9E

Water Mgmt., Planning & PreDevelopment

A0N34

Wildlife & Parks Program (TPA)

Fish, Wildlife and Parks

Water Resources Program (TPA)

A0N9D

Water Resources

Forestry Program (TPA)

A0N9C

Forestry

Agriculture Program (TPA)

A0N9B

Agriculture & Range

Section/Program Name

Program Code

This program supports the IA mission of fulfilling Indian trust responsibilities by enabling tribes to meaningfully exercise their treaty fishing, hunting, and gathering rights. The program funds tribal projects in the areas of fisheries management and maintenance, wildlife management, outdoor recreation management, public use management, and conservation enforcement, and related fields.

The primary goal of this program is to assist the improvement of water resource management capabilities by providing the support to tribes and regional offices for the administration and management of water programs. Water Management, Planning, and Pre-development program is used primarily by tribes for priority projects that aid in the protection and management of their water resources. These projects typically include, but are not limited to, ground and surface water studies regarding quantity and quality of water, water needs assessments, stream gauging, and the preparation of comprehensive water management plans.

Indian Affairs assists tribes in ascertaining and documenting the goals of Indian owners through an interdisciplinary, integrated approach, which is adaptable to local needs and conditions.

The Forestry Program undertakes forest land management activities on Indian forest land to develop, maintain, and enhance the forest resources in accordance with the principles of sustained yield and with the standards and objectives set forth in forest management plans. This program supports the protection and enhancement of Indian forestland and natural resource assets by assisting tribes with the management of their forests, consistent with tribal goals and objectives identified in forest management plans or integrated resource management plans.

On-the-ground management and treatment of invasive species is the primary emphasis of this activity. The program uses several implementation strategies to accomplish its goals such as coordination with all land users and government entities through the development of integrated pest management strategies.

Under the authority of the American Indian Agricultural Resource Management Act, P.L. 103-177, and the Indian Self Determination Act, P.L. 93-638, the Agriculture and Range program promotes conservation and beneficial use on the 47 million acres of trust lands dedicated to agricultural and livestock production through both direct administration and support of tribal agriculture programs under contract or compact.

This program provides tribal governments and trust land managers with training, data, tools, and access to technical experts in order to understand vulnerabilities of communities to landscape level climate change and identify risk management strategies.

Description

10l

1) # of projects/activities needed - # of projects/activities funded = Total # Unfunded; 2) Cost of unfunded projects/activities from formal budget; 3) Remaining balance for partially funded projects/activities Cost of unfunded + Balance of partially funded = Total Unfunded Obligation

1) # of projects/activities needed - # of projects/activities funded = Total # Unfunded; 2) Cost of unfunded projects/activities from formal budget; 3) Remaining balance for partially funded projects/activities Cost of unfunded + Balance of partially funded = Total Unfunded Obligation

1) # of projects/activities needed - # of projects/activities funded = Total # Unfunded; 2) Cost of unfunded projects/activities from formal budget; 3) Remaining balance for partially funded projects/activities Cost of unfunded + Balance of partially funded = Total Unfunded Obligation

1) Category 1 Reservations: 5 employees plus 1 employee per every 1 million board feet of Allowable Annual Cut. The Allowable Annual Cut is approved by the Tribe and Bureau and can be found in the current Forest Management Plan. (5 employees + (AAC expressed in million board feet * 1 Forestry Employee)) 2) Category 2 Reservations: 5 employees minimum. 3) Category 3 Reservations: 3 employees minimum. # of employees needed - number of employees on staff = needed staff x salaries = Unfunded Obligation 1) Forest Development Budget = Number of Acres required to harvest the full AAC * $500. 2) Forest Management, Inventory and Planning Budget = Total Number of Timber Acres (as Identified in the Catalog of Forest Acres - InFoDat) * $1. 3) Woodland Management Funding = Total Number of Commercial, Productive Woodland Acres (as Identified in the Catalog of Forest Acres -InFoDat) * $1. Total Need - Current Funding = Unfunded Obligation

1) .60 per Ag/Rangeland acre; .60 x acres = Needed Acre Funding; 2) Needed Staffing (include type of position in explanation) x Average salary = Needed Staffing Funding; Needed Acre Funding + Needed Staffing Funding - Current Funding = Unfunded Obligation 1) # of Projects requested - # of Projects Funded = Unfunded Project; 2) Cost of unfunded projects; 3) Remaining balance for partially funded projects; Cost of unfunded projects + Balance of partially funded projects = Total Unfunded Obligation

Tribal Calculation Help 1) # of Projects requested - # of Projects Funded = Unfunded Project; 2) Cost of unfunded projects; 3) Remaining balance for partially funded projects; Cost of unfunded projects + Balance of partially funded projects = Total Unfunded Obligation

A0R90

Probate (TPA)

A0R9B

Rights Protection

Alaskan Native Programs (TPA)

Alaskan Native Programs

Trust Services (TPA)

TRUST - REAL ESTATE SERVICES

Regional Oversight

A0R9A

A0N6A

Fish, Wildlife & Parks Projects

A0N3F

Resource Management Program Oversight

Section/Program Name

Program Code

This program upholds the directives prescribed in the Alaska National Interest Lands Conservation Act (ANILCA), which provides for the coordination and consultation with Alaska’s Federal land managing agencies, the State of Alaska, Alaska tribal governments, and the Federal Subsistence Program’s Regional Advisory Councils, on the subsistence preference for rural Alaskans, including Alaska Natives living in rural areas, and the administration of programs affecting Native allotments under the 1906 Native Allotment Act.

Indian Affairs is responsible for the preparation and submission of the record of probate documentation to Federal administrative adjudicators for determination of the legal heirs or devisees, and for the subsequent distribution of the trust estate. The Probate program is working to improve the accuracy and efficiency of estate distributions by improving probate case preparation and distribution activities.

The Trust Real Estate Services activity addresses its Indian fiduciary trust responsibilities through the strategy of improving Indian trust ownership and other information. This activity supports IA responsibilities in the areas of trust servies, probate, and land titles and records. Trust management also incorporates programs that coordinate and support the Depaartment's trust reform improvement efforts. This program supports the overall management responsibility for the operation of trust functions at the agency and tribal levels with regard to real estate services, probate, environmental cultural resource compliance, the Alaska Native Claims Settlement Act (ANCSA) and Alaska National Interest Land Conservation Act (ANILCA) programs, Rights Protection, and implementing the Navajo-Hopi Settlement Act and the Klamath Basin Restoration Agreement. This sub activity also funds the lockbox coordinators who distribute trust funds to individual Indian beneficiaries.

Natural Resources oversight allows for the proper management and administration of the Natural Resources program. The functions performed by central and regional office staff include enhancing tribal management of Indian natural resources through the use of IRMPs, conducting annual program reviews, and ensuring compliance with various regulations and requirements related to the management of Indian natural resource trust assets.

This component of the subactivity supports the Wildlife and Parks program at the agency or tribal level. Funding is provided to tribes through a local priority setting process determined by the tribe and IA to fund tribal activities in the areas of fisheries, wildlife, outdoor recreation, and public use management, conservation enforcement, and related fields.

Description

10m

1) # of projects/activities needed - # of projects/activities funded = Total # Unfunded; 2) Cost of unfunded projects/activities from formal budget; 3) Remaining balance for partially funded projects/activities Cost of unfunded + Balance of partially funded = Total Unfunded Obligation

There is no standard calculation for this program line, please be very specific on how you arrived at your unfunded obligation amount. 1) $ 171 Average Cost X ________Number of New Cases per Year = ___________Average Cost of New Cases 2) 1 FTE completes 36 Cases per year. Total number of Cases/36 = Number of FTE Needed 3) FTE needed X 40,000 (average salary) = FTE Costs needed 4) Cost of New Cases + FTE Costs = Total Need Current Funding – Total Need = Unfunded Obligation

1) # of staff needed to provide proper support - # of staff on board = staffing need; 2) Total Salary required for staff positions needed (outline positions in explanation); Total of Salaries = Unfunded Obligation; Use this link to pull up Federal Salary tables and select the table for your region: https://www.opm.gov/policy-data-oversight/pay-leave/salarieswages/2016/general-schedule/

Hatchery Maintenance: 1) # of projects/activities needed - # of projects/activities funded = Total # Unfunded; 2) Cost of unfunded projects/activities from formal budget proposal; 3) Remaining balance for partially funded projects/activities Cost of unfunded + Balance of partially funded = Total Unfunded Obligation

Tribal Calculation Help Hatchery Operations: 1) Optimal stocking level; 2) Current Stocking level; 3) Number of Fish Optimal stocking level in tribally important waterbody – current stocking level = amount of additional stocking needed (# of fish) # of fish needed x production cost/fish = total unfunded obligation

Water Rights Negotiations/Litigation

Litigation Support/Attny Fees

Other Indian Rights Protection

A0R31

A0R32

A0R60

Detention/Corrections

Tribal Courts (TPA)

A0J30

A0J31

A0J90

The OJS Branch of Criminal Investigations is responsible for investigating crimes committed on, or involving Indian Country. This includes major Federal crimes as well as state crimes assimilated into Federal statutes, such as murder, manslaughter, child sexual abuse, kidnapping, rape, assault, arson, burglary, robbery, and the production, sale or distribution of illegal drugs. In addition to investigating crimes, OJS provides oversight and technical assistance to tribal law enforcement programs. This line also includes Drug Enforcement activities. Another primary function of Indian Affairs is to provide safe and secure detention centers in Indian Country compliant with nationally accepted standards. The OJS Division of Corrections manages 93 detention programs of which 73 are tribally operated and 20 are IA operated to provide direct services. 185 courts currently receive funds directly through this program under P.L. 93-638 contracts and self-governance compacts. Tribes utilize this funding for salaries and related administrative costs for judges, prosecutors, public defenders, court clerks, pre-trial and probation officers, juvenile officers, victim witness specialist, and other court support staff central to the operation of tribal justice systems. Tribal court systems are evolving and need to grow to meet the increasing demands of tribal communities. These judicial systems address everything from violent crimes and drug use, to domestic and family issues, to all types of civil claims.

PUBLIC SAFETY AND JUSTICE

Law Enforcement

The Public Safety and Justice budget activity is comprised of three subactivities: Law Enforcement, Tribal Courts, and Fire Protection.

Regional Oversight

This program supports water rights negotiation/litigation staff at the regional level. Program staff provides consultation and technical support.

Description Indian Affairs staff consults and cooperates with tribes involved in negotiating or litigating their water rights; establishing or protecting tribal treaty hunting, fishing and gathering rights; addressing issues concerning trespass on tribal trust lands; protecting tribal cultural resources; natural resource damage claims; and addressing other unresolved land management issues. The funds in this program are used by the United States and tribes for activities associated with establishing or defending Indian water rights through negotiations and/or litigation. Program funding is critical to supporting and advancing on-going Indian water rights litigation cases and the Federal and tribal negotiations being conducted to secure adjudicated water rights in lieu of litigation. These programs support Indian natural resource trust assets management. There are a variety of ecological threats to natural resources that are the subject of treaty reserved rights, both on and off reservation. Tribes have and will continue to use litigation support funds to address those threats, including habitat loss and fragmentation, invasive species, and land use change.

Within the twelve regional offices of IA, there are Real Estate Services programs that support the protection and maintenance of integrity for trust lands and trust resources through preservation. Regional offices provide policy direction, technical assistance, training, administrative review, and monitoring in the evaluation of the agency real property operations.

Criminal Investigations and Police Services

A0R6C

Rights Protection (TPA)

A0R91

Trust - Real Estate Services Oversight

Section/Program Name

Program Code

10n

See attached staffing guidelines to determine total need. Total Need - Current Funding = Unfunded obligation. http://www.bia. gov/cs/groups/xoppm/documents/text/idc2-049810.pdf

See attached staffing guidelines to determine total need. Total Need - Current Funding = Unfunded obligation. http://www.bia. gov/cs/groups/xoppm/documents/text/idc2-049809.pdf

See attached staffing guidelines to determine total need. Total Need - Current Funding = Unfunded obligation. http://www.bia. gov/cs/groups/xoppm/documents/text/idc2-049810.pdf

1) # of staff needed to provide proper support - # of staff on board = staffing need; 2) Total Salary required for staff positions needed (outline positions in explanation); Total of Salaries = Unfunded Obligation; Use this link to pull up Federal Salary tables and select the table for your region: https://www.opm.gov/policy-data-oversight/pay-leave/salarieswages/2016/general-schedule/

1) # of projects/activities needed - # of projects/activities funded = Total # Unfunded; 2) Cost of unfunded projects/activities from formal budget; 3) Remaining balance for partially funded projects/activities Cost of unfunded + Balance of partially funded = Total Unfunded Obligation 1) # of projects/activities needed - # of projects/activities funded = Total # Unfunded; 2) Cost of unfunded projects/activities from formal budget; 3) Remaining balance for partially funded projects/activities Cost of unfunded + Balance of partially funded = Total Unfunded Obligation 1) # of projects/activities needed - # of projects/activities funded = Total # Unfunded; 2) Cost of unfunded projects/activities from formal budget; 3) Remaining balance for partially funded projects/activities Cost of unfunded + Balance of partially funded = Total Unfunded Obligation

Tribal Calculation Help 1) # of projects/activities needed - # of projects/activities funded = Total # Unfunded; 2) Cost of unfunded projects/activities from formal budget; 3) Remaining balance for partially funded projects/activities Cost of unfunded + Balance of partially funded = Total Unfunded Obligation

Fire Protection (TPA)

A0J91

Economic Development (TPA)

A0C91

A0E93

Johnson-O'Malley Assistance Grants (TPA)

A0E90

Scholarships and Adult Education (TPA)

Post Secondary Programs

Early Childhood Development (FACE)

A0E33

BUREAU OF INDIAN EDUCATION

Job Placement and Training (TPA)

A0C90

COMMUNITY and ECONOMIC DEVELOPMENT

Section/Program Name

Program Code

The Scholarships and Adult Education program addresses two of Indian Affairs’ objectives: 1) to improve communities’ quality of life by developing economies, and 2) to improve the success of students at each educational level by providing financial assistance for eligible students. Funding for TPA is distributed directly to tribes in their base funding. The Scholarship component provides tribes with resources to facilitate economic development by providing community members with advanced educational opportunities to attain needed skills to meet community objectives. The Adult Education component enables adults to obtain a GED or the basic skills needed to transition to a community college or job placement. The Education Tribal Design enables tribes to design of education programs that meet the needs of their specific communities.

Education is critical to ensuring a viable and prosperous future for tribal communities and supports the Department’s effort to serve these communities. The BIE serves approximately 41,000 students (Average Daily Membership), in 183 schools and dormitories located in 23 states. At the post secondary level, BIE operates two colleges, administers grants for 27 tribally operated colleges, and funds two tribal technical colleges. The program addresses the achievement gap for Indian children primarily located on rural reservations by teaching the skills needed to begin school. FACE consists of early childhood education, development of parenting skills, adult education, and family literacy. Training is provided for parents and care-givers to improve parenting skills, including the recognition of the appropriate developmental stages of their child. The majority of American Indian and Alaska Native students attend public schools,. JOM grants provide these students with resources that help them stay in school and increase their chances of success. Typically, these funds provide remedial instruction, counseling, and cultural programs, but may also cover small but important needs such as school supplies and items that enable recipients to participate in curricular and extra-curricular programs.

The Community and Economic Development activity supports the advancement of American Indian and Alaska Native communities by creating reservation jobs, bolstering reservation economies, and promoting economic growth throughout Indian Country. Job Placement and Training funds are used to advance economic growth in approximately 300 tribal communities through the development of a skilled workforce and the strengthening of tribal administrations through the P. L. 93-638 contracting process. This program is designed to meet the changing needs of the construction and service industries. It is a program that is especially valuable and necessary to those with little or no work history or erratic work history.

Description Fire Protection supports over 40 tribal fire protection programs, which support tribal staff, train volunteer firefighters, repair existing firefighting equipment, and purchase additional equipment. Funds are also used to purchase smoke detectors, fire extinguishers, and emergency lights for tribal buildings.

2) # Students x Average

10 o

1) Total Scholarships requested - Total Scholarships that could be funded = Unfunded Scholarships; 2) Average $ amount of scholarships Unfunded Scholarships x $ amount of scholarships = Total Unfunded Obligation

*1.48 is weight for all, unless you are in AK=1.64; NY=1.84

1) # of students 3 yrs to 12th grade; weight of 1.48* x $1,276 = Total Need Total Need - Current Funding = Unfunded Obligation

1) Average cost of Early Childhood Program is $289K; 2) Current funding received; $289,000 - Current Funding = Unfunded Obligation

1) # of clients needing assistance - # of clients served = # unserved clients; 2) Average cost of client # of unserved clients x average cost = Unfunded Obligation 1) # of projects/activities needed - # of projects/activities funded = Total # Unfunded; 2) Cost of unfunded projects/activities from formal budget; 3) Remaining balance for partially funded projects/activities Cost of unfunded + Balance of partially funded = Total Unfunded Obligation

There is no standard calculation for this program line, please be very specific on how you arrived at your unfunded obligation amount.

Tribal Calculation Help

Section/Program Name

Special Higher Education Scholarships

Program Code

A0E40

Description The Special Higher Education Scholarships Program (SHEP) supports the BIE’s goals for education through supplemental financial assistance to Indian students for graduate level study. Emphasis is placed on students pursuing the professions of law, education, medicine, natural resources, engineering, business administration, and social work. The Loan for Service Program is designed to provide financial assistance through loans to eligible Native American degree candidates who seek employment with BIE, BIA, or a federally-recognized tribe upon graduation. A “service payback” (employment) agreement allows recipients agree to work for BIE, BIA, or federally-recognized tribe to repay their loans. Each academic year of funding requires one year of service. The program is designed to bring professionals to Native communities.

10p

1) Total Scholarships requested - Total Scholarships that could be funded = Unfunded Scholarships; 2) Average $ amount of scholarships Unfunded Scholarships x $ amount of scholarships = Total Unfunded Obligation

Tribal Calculation Help

Law Enforcement Materials SGAC 12

Workgroup Assignments List SGAC 13

SGAC TECHNICAL WORKGROUP ASSIGNMENT MATRIX Quarterly Meeting/ April 2019 Technical Workgroup Co-Chairs: Jennifer McLaughlin, Tribal Co-Chair Kenneth Reinfeld, Federal Co-Chair

1.

Person(s) Responsible SGCE

2.

SGCE

3.

SGCE

4.

SGCE

5.

SGCE

6.

SGCE

7.

SGCE/Jennifer McLaughlin SGCE/Jennifer McLaughlin SGCE/Jennifer McLaughlin Jennifer McLaughlin Bruce Bioff Jay Spaan C. Juliet Pittman Jennifer McLaughlin C. Juliet Pittman Jennifer McLaughlin Karen Fierro Linda Austin Dave Conner SGCE Tribal Attorneys Geoff Strommer Lloyd Miller Phil Bakershenk

8. 9. 10.

11. 12.

13.

14.

TBD John Bioff Linda Austin Ken Reinfeld

15.

TBD John Bioff Bruce Baltar Ken Reinfeld TBD Jeremy Arnet Terra Branson TBD

16.

17.

Assignment Develop a Self-Governance Educational tool for new members of the Administration Develop a Self-Governance Legislative Package for Tribes to download. Insert a “Congressional Update” Link on SGCE Website Letter AS-IA Progress Act – advocate on hill with House voicing your support Create a template letter for Tribes to send to congressional reps to advocate for the Progress Act Post links to SGCE website Develop Roster of Presenters w/ Title and Contact Information Update SGCE Membership and Technical Workgroup Lists New Meeting Calendar for FY2019/2020 Coordinate with NCAI to provide National and State Election update – change of state governors, national committees, chairs, leadership, legislation moving during lame duck session Letter AS-IA create a STAC like Committee for Interior Email/Call SGAC Representatives to confirm technical workgroup members for region Teleconference Call to go over assignments and discuss July 2019 Meeting Agenda Items Workgroup on how we conduct Committee Business

Due Date October 2019 July 2019

Status Ongoing

November 15, 2018 November 15, 2018

Completed.

Ongoing

Completed.

Implement as of July 2019

November 7, 2019

Completed.

July 2019

Draft Completed.

November 15, 2018 June 2019

Ongoing/completed .

November 15, 2018

Ongoing.

Follow up letter AS-IA

May 2019

Draft completed.

Tribal Sovereignty Workgroup to develop recommendations for advancing Tribal sovereignty

October 2019

Legislative/Administrative/Court Written Update in advance of meeting – bills and policies favorable to Tribes; unfavorable to Tribes and court cases we should be tracking

July 2019

Intra and Inter agency coordination Letter Jim James cc BIA leadership Improve coordination, collaboration and communication between OSG and offices and Departments within Interior - Include OSG in Regional Director Meetings and 477 Meetings Human Services Letter Congress & Administration Welfare Assistance (lift funding caps only funded at 73% of need) Human Services Provide an update on 477 workgroup activity at the SGAC July Meeting Human Services

August 2019

August 2019

July 2019

July 2019

Follow 477 workgroup recommendations

18.

Jay Spaan Melanie Fourkiller TBD Karen Fierro Jennifer McLaughlin C. Juliet Pittman

19.

TBD C. Juliet Pittman Karen Fierro

20.

TBD Candice Skenandore Jennifer McLaughlin TBD Cliff Powell Terra Branson TBD Candice Skenandore Terra Branson

21.

22.

23.

TBD Bruce Baltar Jay Spaan SGCE

24.

TBD C. Juliet Vicki Hanvey

25.

TBD C. Juliet Pittman Vickey Hanvey

26.

TBD Dave Conner Linda Austin Cyndi Ferguson TBD Dave Conner Linda Austin Cyndi Ferguson Vickie Hanvey Pitt/Geoff

27.

28.

29.

SGCE coordinate with 477 workgroup

Prepare information on the correlation of Title VI and 477 Public Safety and Justice AND Education Letter BIA/BIE Education School Safety what steps is the Department taking to address school safety for Native students in both BIE and Public Schools (27 students died by mid-May 2018) Public Safety and Justice Letter to OJS cc BIA leadership – Funding distribution for opioid funding; inter-agency coordination on justice issues; VOCA funding 90 page application for Phase I and then there is Phase II (Department indicated they were streamlining process?); Formula used to award VOCA funding; Reauthorization of VAWA Education Update on the status of the JOM Count and other pertinent education issues Community and Economic Development Follow-up Letter GSA whether Tribes can enter into a pre-funding arrangement directly with GSA Community and Economic Development Community Reinvestment Act – reach out to NAFOA to see if they have prepared comments on the Notice of Proposed Rulemaking Community and Economic Development Follow up on telecommunications issues in Indian Country as highlighted in the GAO Report and at Hill Hearing Trust/Natural Resources AND Budget Letter OST & Office of Policy Management and Budget (AVSO is part of this office) – incorporating MOU language into FA; how will this impact the agency’s trust responsibilities Trust/Natural Resources Develop a Position Paper on the AVSO Waiver Issue and Approval Standard; Urge the Agency to implement the ITARA Demonstration Project Budget Workgroup Recommendations on what methodology OSG should use for budget increases and decreases for SG Budget Workgroup Tribal Shares; Funding Formula Matrix

Title IV - Letter from Congress to Department Regarding Title IV CBO Score and whether the Department has agreed to absorb the costs teP.L.477 – Support Recommendations of the workgroup Tribes are concerned the MOU conflicts with the law; DOI has exclusive decisionmaking authority and should not delegate it to other agencies; Law limits denial of waiver to two specific instances and MOU expands this into other areas in contravention of law; MOU step back because programs Tribes use to be able to include in the plan can no longer be included because Tribes compete with non-Tribal entities for funding; Need to reconvene the workgroup as

November 30, 2018

Completed.

July 2019

August 2019 November 30, 2018

Completed.

November 30, 2018

Completed.

August 2019

August 2019

August 2019

Ongoing

Ongoing

April 2019

Ongoing

April 2019

Ongoing

30.

SENSE

31.

Terra/Jeremy/Cyndi/Dave

32.

SENSE

33. 34.

Jenn McLaughlin Linda Austin Jenn McLaughlin Dave Conner

required by law to go over the MOU with Tribes, all 12 agencies and White House prior to the end of the FY in DC Feedback from the Farm Bill Coalition Meeting on May 1-2 in DC Formula Funding Matrix Workgroup – draft letter on next steps and recommendations Webinar to engage Tribes Request to Testify at House Hearing on H.R. 2031, “Progress for Indian Tribes Act” to ViceChair Deb Haaland Request AS-IA Send Letter of Support for IPAAA Letter George Bearpaw Metrix for Unmet needs/unfulfilled obligations compiled to date by BIA

July 2019

Ongoing.

July 2019

May 2019

July 2019 July 2019

Draft completed. Informal Request made via email to the Budget Office

SGAC Correspondence SGAC 14

Date Sent

6/17/2019

6/17/2019

6/17/2019

1/9/2019

1/8/2019

12/21/2018

9/14/2018

Ref. #

1.

2.

3.

4.

5.

6.

7.

Addressed To

Tony L. Dearman. Director Bureau of Indian Affairs U.S. Department of the Interior

Tara Mac Lean Sweeney, Assistant Secretary Indian Affairs U.S. Department of the Interior

Jeffrey A. Post, Associate Administrator Office of Congressional and Intergovernmental Affairs U.S. General Services Administration

Joseph Otting, Comptroller of the Currency Office of the Comptroller of the Currency Internal Revenue Service U.S. Department of the Treasury

The Honorable Tara Mac Lean Sweeney Assistant Secretary of Indian Affairs Office of the secretary U.S. Department of the Interior

The Honorable Tara Mac Lean Sweeney Assistant Secretary of Indian Affairs U.S. Department of the Interior

The Honorable David Bernhardt, Secretary U.S. Department of the Interior

Updated: June 17, 2019

Assuring Tribally-Controlled Schools Access to the Interagency Motor Pool

School Violence and Safety Measures for Native Children

Request that GSA treats Tribal governments similar to other governments and provides an avenue for agreements directly between GSA and Tribal governments

Comments on Community Reinvestment Act Modernization [Docket ID: OCC- 2018-0008]

Enhance Coordination and Communication Between Self-Governance Tribal Nations and All Bureaus and Offices under Indian Affairs

Urge your Attendance and Participation at the SGAC Meetings and Support for the Indian Programs Advanced Appropriations Act (IPAAA)

Establish a Department of the Interior Secretarial Tribal Advisory Committee

Topic/Issue

Request that the Bureau of Indian Education initiate changes that will ensure Tribally-Controlled Schools maintain access to Government Services Administration (GSA) Interagency Motor Pool (also referred to as â&#x20AC;&#x153;GSA Fleetâ&#x20AC;?) Leasing

Consider establishing a Tribal/Federal Committee to help AI/ANs identify the resources and support they need

Action(s) Needed

Summary of DOI Self-Governance Advisory Committee (SGAC) Correspondence Year: 2018-2019

14a

Response Received

Date Sent

8/31/2018

8/21/2018

8/21/18

8/15/2018

8/13/2018

7/2/2018

6/30/2018

6/22/2018

6/22/2018

Ref. #

8.

9.

10.

11.

12.

13.

14.

15.

16.

The Honorable Ryan Zinke Secretary U.S. Department of the Interior

James E. Cason, Associate Deputy Secretary U.S. Department of the Interior

Fee-to-Trust Consultation Office of Regulatory Affairs and Collaborative Action U.S. Department of the Interior

Tara Mac Lean Sweeney, Assistant Secretary Indian Affairs U.S. Department of the Interior

Tara Mac Lean Sweeney, Assistant Secretary Indian Affairs U.S. Department of the Interior

John Tahsuda III

Tara Mac Lean Sweeney Assistant Secretary Indian Affairs U.S. Department of the Interior

Ryan Zinke, DOI Secretary

Tara Mac Lean Sweeney, Assistant Secretary Indian Affairs U.S. Department of the Interior

Addressed To

SGAC Strongly Opposes Reorganization of the Bureau of Indian Affairs

Elimination of Data Gathering for Unfunded Obligations (UO)

Self-Governance Advisory Committee (SGAC) Comments on the Proposed Regulatory Revisions to the Land Acquisition Regulations at 25 C.F.R. Part 151

SGAC Supplemental Comments for the LandInto-Trust Consultation

Office of Self-Governance Workforce Planning Strategies

Follow-up Letter and Summary Talking Points from SGAC Quarterly Meeting 7_18_2018

Open/Standing Invite to SGAC Meetings and the 2019 Annual Tribal Self-Governance Consultation Conference

Reinstate Strategic Planning Subcommittee

Comments Responding to DOI Letters dated July 2, 2018 regarding the Alaska IRA and Land-into-Trust in Alaska

Topic/Issue

Not only reinstate the UO data collection practices, but also provide the BIA staff with affirmative support and guidance necessary to accomplish their task

Response Received

14b

Increased attention on the need for improved management practices and work in collaboration with and seek input from Tribal Nations as plans are put in place to resolve these management challenges.

Urges DOI to immediately reinstate the M-Opinion and continue to actively accept and process land-into-trust applications from Tribes in Alaska.

Action(s) Needed

Summary of DOI Self-Governance Advisory Committee (SGAC) Correspondence â&#x20AC;&#x201C; 2018-2019

Date Sent

6/22/2018

1/16/2018

1/16/2018

Ref. #

17.

18.

19.

John Tahsuda, Acting Assistant SecretaryIndian Affairs U.S.

James E. Cason, Associate Deputy Secretary U.S. Department of the Interior

John Tahsuda III, Principal Deputy â&#x20AC;&#x201C; Indian Affairs Office of the Assistant Secretary - Indian Affairs Department of the Interior

Addressed To

Follow-up from the Self-Governance Advisory Committee Meeting October 25-26, 2017 Quarterly Meeting

Cobell Settlement Land Buy-Back Program for Tribal Nations

Follow-up from the March 27-28, 2018 SelfGovernance Advisory Committee (SGAC) Quarterly Meeting in Washington DC

Topic/Issue

14c

Carry out meaningful consultation with Tribes that have expressed interest, and return the Land Buy-Back Program to its original intent and previous implementation schedule.

Action(s) Needed

Summary of DOI Self-Governance Advisory Committee (SGAC) Correspondence â&#x20AC;&#x201C; 2018-2019 Response Received

SGAC Products SGAC 15

DOI SELF-GOVERNANCE ADVISORY COMMITTEE c/o Self-Governance Communication and Education P.O. Box 1734, McAlester, OK 74501 Telephone (918) 302-0252 ~ Facsimile (918) 423-7639 ~ Website: www.tribalselfgov.org

Sent electronically: willow.ironcloud@bia.gov July 17, 2019 The Honorable Tara Mac Lean Sweeney Assistant Secretary of Indian Affairs Office of the secretary U.S. Department of the Interior 1849 C Street, N.W. Washington, D.C. 20240 Re: Enhance Coordination and Communication Between Self-Governance Tribal Nations and All Bureaus and Offices under Indian Affairs Dear Assistant Secretary - Indian Affairs Sweeney: On behalf of the Department of the Interior (DOI) Self Governance Advisory Committee (SGAC), please accept this letter requesting your assistance to implement broad organizational reform within Indian Affairs that results in increased communication and collaboration between all bureaus and offices under Indian Affairs. There are currently 285 Tribes and consortia that participate in Self-Governance at DOI. For years, Self-Governance Tribes have expressed concerns to Indian Affairs leadership and management regarding the lack of coordination and communication among the various bureaus and offices under Indian Affairs and provided examples of how the lack of communication harms our Tribal Nations. For example, in 2015, SGAC informed Indian Affairs of instances where SelfGovernance Tribes and the DOI Office of Self-Governance (OSG) were not notified of grants made available in their Regions in a timely manner. As a result, Self-Governance Tribes were at an extreme disadvantage to apply for these opportunities. In addition, the distribution of year end funds is left entirely to the discretion of the Regional Awarding Official. Notification of the availability of these funds has not been consistent for all Regions and there is no accountability or transparency regarding the selection process or funding distribution mechanism that is being adhered to with respect to funding awards. Tribes are not alone bringing to light the communication gaps within the Bureau. The need for improved collaboration and communication within Indian Affairs was also recently noted by the U.S. Government Accountability Office (GAO) and the DOI’s Office of Inspector General. Specifically: •

A lack of collaboration and communication is one of the factors that resulted in the GAO adding Federal management of programs that serve Tribes and their citizens to its HighRisk List in 2017. GAO’s June 2018 testimony before the Senate Committee on Indian Affairs reported that increased collaboration is an action an agency can take that may lead towards removal from the High-Risk List; and, 15a

Letter – The Honorable Tara Mac Lean Sweeney, AS-IA Re: Enhance Coordination and Communication Between Self-Governance Tribal Nations and All Bureaus and Offices under Indian Affairs June 17, 2019 •

In September 2018, the DOI Inspector General reported that poor coordination between OSG and a BIA office adversely affected the efficiency of business operations and had measurable effects on the tribes the offices serve.

Consistent with the findings from the GAO, the Inspector General, and our prior correspondence with Indian Affairs, Tribal Nations continue to express concern that not including OSG participation in key meetings within Indian Affairs can negatively affect Self-Governance Tribes as they may be excluded from funding opportunities, program and service opportunities, and the exchange of general information on grants and trainings. Self-Governance Tribes work closely with OSG and often rely on OSG to relay critical information about the programs that serve their communities and opportunities for funding. As such, we request that efforts and actions to improve collaboration and communication include OSG. There is an urgent need for training and education across Indian Affairs about Self-Governance Tribes. There continues to be a grave misunderstanding within BIA that once a Tribe enters Self-Governance the responsibility to provide technical and other assistance to is the sole responsibility of the Office of Self-Governance. Contrary to this myth, Self-Governance Tribes have left considerable resources with the Central Office, Regional Offices and Agency Offices specifically for the provision of services. We, therefore recommend that the BIA in collaboration with OSG and SGCE design and implement at every level within Indian Affairs, a robust training series on Self-Governance history, principals and mechanisms and the continuing Federal trust responsibility. Inclusion and transparency foster good faith and trustworthy working relations. We believe that improved coordination within Indian Affairs that includes all bureaus and offices, including OSG, will improve efficiencies and effectiveness within Indian Affairs and will also significantly benefit all Tribes—those that participate in Self-Governance, those that elect to administer services through a Self-Determination Contract, and those that elect to have BIA administer services. If you have any questions or comments regarding this correspondence, please contact Jay Spaan, Executive Director, Self-Governance Communication and Education (SGCE) Tribal Consortium, at jays@tribalselfgov.org or (918) 370-4258. Thank you. Sincerely,

W. Ron Allen Chairman, DOI-SGAC Tribal Chairman/CEO, Jamestown S’Klallam Tribe Cc: Darryl LaCounte, Director BIA, DOI Sharee Freeman, Director, OSG, DOI SGAC Members and Technical Workgroup Jay Spaan, Executive Director, Self-Governance Communication and Education (SGCE) 15b

DOI SELF-GOVERNANCE ADVISORY COMMITTEE c/o Self-Governance Communication and Education P.O. Box 1734, McAlester, OK 74501 Telephone (918) 302-0252 ~ Facsimile (918) 423-7639 ~ Website: www.tribalselfgov.org

Sent electronically exsec@ios.doi.gov June 17, 2019 The Honorable David Bernhardt, Secretary U.S. Department of the Interior 1849 C Street, NW Washington, DC 20240 RE: Establish a Department of the Interior Secretarial Tribal Advisory Committee Dear Secretary Bernhardt, On behalf of the Department of the Interior Self-Governance Advisory Committee (DOISGAC) I write to urge you to establish a Secretarial [level] Tribal Advisory Committee STAC) to improve the Department of the Interiorâ&#x20AC;&#x2122;s government-to-government relationship with Tribal Nations by ensuring direct communication and coordination with top level Cabinet Officials. An Interior STAC will provide a forum where Tribal leadership can assist in the development of policies that better align with the fulfillment of the Departmentâ&#x20AC;&#x2122;s Treaty and Trust obligations and more effectively guide the Administration in its dealings with Tribal Nations. There are 573 Federally Recognized Tribal Nations each with their own culture, language, and history. Tribal leadership possess unique knowledge and skills about their communities and governmental operations that can provide an insightful perspective and a level of expertise that will aid in policy development. Tribal Leaders selected to serve on the STAC will make recommendations and provide key information for shaping policy directives that not only support Agency initiatives but that result in positive impacts at the Tribal community level. Assuring Tribal involvement at the outset of the process may also deter legislative or legal challenges to agency action after the fact. An Interior STAC will ensure effective and efficient planning, monitoring, and strengthening of Tribal programs and services. Allowing Tribal stakeholders to assist in the development of policies for programs and services that are implemented at the local level ensures community buy-in. Tribal leadership will be held accountable for the decisions they make and policies they implement; therefore, they have a vested interest in ensuring program success. Strategic goals and objectives could be developed to support a unified vision that will establish both short-term achievements and long-term outcomes that will benefit the Agency and Tribal community. Tribal leaders will serve as liaisons between their communities and the Agency, and as advocates work to make sure that Congress fully understands the critical need to appropriate adequate resources to the Agency to effectively implement the shared mission and goals.

15c

Letter – The Honorable David Bernhardt, Secretary, DOI Re: Establish a DOI STAC June 17, 2019

Selection of representatives to serve on the STAC should take into consideration the uniqueness of Tribes and the uniqueness of regions. The Agency should ensure broad representation of Indian country and Indian issues, similar to the Health and Human Services Secretary’s Tribal Advisory Committee and established Department of the Interior Advisory Committees, such as, the Tribal Interior Budget Council (TIBC) and Self-Governance Advisory Committee (SGAC). Committee bylaws could be developed jointly to establish a clear purpose, structure, responsibilities, terms of service, succession and removal, official requirements and guidelines. We urge you to consider our request favorably and look forward to working with you to strengthen our partnership and capacity for long-term cooperation and collaboration. Please feel free to contact me via email at rallen@jamestowntribe.org or by phone at 206-369-6699 should you have any concerns and/or questions. Sincerely,

W. Ron Allen, Tribal Chairman/CEO Jamestown S’Klallam Tribe Chairman, Self-Governance Advisory Committee Cc:

Tara Mac Lean Sweeney, AS-IA Sharee Freeman, Director, Office of Self-Governance SGAC and Technical Workgroup Members

15d