DOI SELF-GOVERNANCE ADVISORY COMMITTEE (SGAC) QUARTERLY MEETING March 27-28,2018

Transcription

1 DOI SELF-GOVERNANCE ADVISORY COMMITTEE (SGAC) QUARTERLY MEETING March 27-28,2018 Embassy Suites DC Convention Center th Street Northwest, Washington, DC Phone: (202)

2 DOI Self-Governance Advisory Committee and Technical Workgroup Quarterly Meeting Tuesday March 27, 2018 Wednesday March 28, 2018 Embassy Suites Washington DC - DC Convention Center th Street NW Washington, DC Phone: (202) Table of Contents 1. SGAC Information a. SGAC Agenda b SGCE Calendar c. SGAC Membership Matrix d. SGAC Workgroup Assignment Matrix 2. SGAC Committee Business a. January Quarterly Meeting Summary 3. OSG Update a. DTLL FTT Resched CT session and deadline (2)Executive Order No b. NPM-OFPSM-1 Construction Funding Allocation_FINAL_w.letterhead_footer_508P.L c. NPM-PROP-2 A1 GSA-leased Vehicles Annual Miles Utilization Report_signed_w.footer_508 d. NPM-PROP-3 A1_GSA AutoChoice Vehicle Ordering Policy_signed_w.footer_ Office of Indian Services Update a. Native American Children s Safety Act PL b. P.L , Indian Employment, Training and Related Services Consolidation Act of Legislative Update a. Update b PL 477 Bill with President 6. Budget Update a. TIBC Budget Update-Dave Conner b. TIBC NCAI presentation on Presidents budget 7. Farm Bill a. Update b. Update2 8. SGAC Joint Discussion a. FY Strategic Plan ( )

3 DOI SELF-GOVERNANCE ADVISORY COMMITTEE c/o Self-Governance Communication and Education P.O. Box 1734, McAlester, OK Telephone (918) ~ Facsimile (918) ~ Website: DOI Self-Governance Advisory Committee and Technical Workgroup Quarterly Meeting Tuesday, March 27, 2018 (8:30 am to 4:30 pm) Wednesday, March 28, 2018 (8:30am to 12:45 pm) Embassy Suites th Street NW Washington, DC Phone: (202) AGENDA March 27, 2018 (8:30am to 4:30pm) Meeting of the SGAC and Technical Workgroup Members 8:30 am Tribal Caucus Facilitated by W. Ron Allen, Chairman/CEO, Jamestown S Klallam Tribe and Chairman, Department of Interior (DOI) Self-Governance Advisory Committee (SGAC) DOI Strategic Plan (no consultation and material changes) DOI FY2019 President s Budget Update AS-IA Nomination DOI Land into Trust Consultation Comment Deadline June 30, :30 am Invocation Roll Call Introductions (All Participants and Invited Guests) 9:45 am Opening Remarks W. Ron Allen, Tribal Chairman/CEO, Jamestown S Klallam Tribe and Chairman, Self-Governance Advisory Committee (SGAC) SGAC Committee Business Approval of Meeting Minutes (January 23-24, 2018) 10:00 am Office of Self-Governance Update OSG Update Sharee Freeman, Director, Office of Self-Governance, DOI 10:30 am Office of Indian Services Update Native American Children s Safety Act PL P.L , Indian Employment, Training and Related Services Consolidation Act of 2017 Hankie Ortiz, Deputy Bureau Director, Office of Indian Services, DOI 11:00 am 115 TH Congress First Session Enacted Legislation P.L , Indian Employment, Training and Related Services Consolidation Act of 2017 (signed 12/18/17) P.L ,Tax Cuts and Jobs Act (signed 12/22/17) Draft Agenda

4 DOI SGAC & Technical Workgroup Quarterly Meeting March 27-28, 2018 Agenda Page 2 of 4 U.S. Department of the Treasury - Tribal Treasury Advisory Committee Update W. Ron Allen, Tribal Chairman/CEO, Jamestown S Klallam Tribe and Chairman, Self-Governance Advisory Committee (SGAC) Geoff Strommer, Partner, Hobbs, Straus, Dean and Walker, LLP - Lloyd Miller, Partner, Sonosky, Chambers, Sachse, Miller and Monkman, LLP 11:15 am 115 th Congress Second Session Pending Legislation The Practical Reforms and Other Goals to Reinforce the Effectiveness of Self-Governance and Self-Determination for Indians (Progress Act the Title IV amendments), S.2515 o Mike Andrews, Majority Staff Director/Chief Counsel, SCIA (invited) 12:00 pm Lunch o o Rhonda Harjo, Majority Deputy Chief Counsel, SCIA (invited) Alex Ortiz, Legislative Director, The Honorable Don Young (R- AK-1) (invited) Tribal Labor Sovereignty Act S. 1870, Securing Urgent Resources Vital to Indian Victim Empowerment Act (SURVIVE Act) (Hoeven-R-ND) S. 1953, Tribal Law and Order Reauthorization and Amendments Act of 2017 (Hoeven-R-ND) H.R (Pearce-R-NM), S (Udall-D-NM) Native American Housing Assistance and Self-Determination Reauthorization Act of 2017 (may be included in Omnibus) Remote Sales Tax Legislation H.R.2193 / Indian Tax Provisions (may be included in the Omnibus) Carcieri (Gun Lake Case) Farm Bill Reauthorization S.2489 Tribal Nutrition Improvement Act of 2018 S o Jennifer Romero, Minority Staff Director/Chief Counsel, SCIA(invited) o Anthony Sedillo, Minority Senior Policy Adviser, SCIA (invited) Tribal Amber Alert Bill S.772 Geoff Strommer, Partner, Hobbs, Straus, Dean and Walker, LLP Phil Baker-Shenk, Partner, Holland & Knight LLP Lloyd Miller, Partner, Sonosky, Chambers, Sachse, Miller and Monkman, LLP 1:30 pm Budget Update FY2018 Appropriations Update FY2019 Budget Status FY2020 Budget Formulation & Surveys Update Tribal Interior Budget Committee Update Identify all Funding Streams for SG Base Funding Dave Conner, Director, Natural Resources, Red Lake Band of Chippewa Indians Jack Sullivan, Acting Director, Office of Budget Management, BIA Gail Veney, Program Analyst, Office of Budget Management, BIA Amber Ebarb, Budget/Policy Analyst, National Congress of American Indians Draft Agenda

5 DOI SGAC & Technical Workgroup Quarterly Meeting March 27-28, 2018 Agenda Page 3 of 4 2:30 pm Keeping Our Children Safe in School FY2018 Comprehensive School Safety Initiative US DOJ OJP Update Create and Maintain Healthy Learning Environments for kids Improve Safety of Schools, Students and Communities Addressing School Shootings, Bullying, and Violence Eugenia Tyner-Dawson, Senior Advisor for Tribal Affairs, Office of Justice Programs, Department of Justice Tony Dearman, Director, Bureau of Indian Education, DOI (invited) Ron Lessard, Acting Executive Director, White House Initiative on American Indian and Alaska Native Education (WHIAIANE) (invited) 3:00 pm U.S. Department of Transportation NPR Update Tribal Representatives 3:30 pm Farm Bill Update Maria Givens, Policy Analyst, National Congress of American Indians 4:00 pm 2018 Annual Tribal Self-Governance Consultation Conference 4:15 pm Preparation of Issues to Discuss with Acting Assistant Secretary Indian Affairs 4:30 pm Adjourn Meeting Wednesday, March 28, 2018 (8:30 am to 12:45 pm) Meeting of the SGAC & Technical Workgroup with Acting Assistant Secretary Indian Affairs (Only Members of the SGAC and Proxies to be seated at the table) 8:30 am Welcome & Introductions W. Ron Allen, Tribal Chairman/CEO, Jamestown S Klallam Tribe and Chairman, Self-Governance Advisory Committee (SGAC) 8:45 am SGAC Joint Discussion with Acting Assistant Secretary Indian Affairs John Tahsuda, Principal Deputy Assistant Secretary IA, DOI (invited) Bryan Rice, Director, Bureau of Indian Affairs, DOI (invited) Strategic Plan all agencies within DOI Reorganization DOI Budget Follow-up Issues SGAC Quarterly Meeting January 23-24, 2018 New Business 9:45 am Break 10:00 am SGAC Joint Discussion with Acting Assistant Secretary Indian Affairs 11:30 pm SGAC Members Executive Session with Acting Assistant Secretary - Indian Affairs Draft Agenda

6 DOI SGAC & Technical Workgroup Quarterly Meeting March 27-28, 2018 Agenda Page 4 of 4 11:30 pm Technical Workgroup Work Session Agenda Topics for March SGAC Quarterly Meeting 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 12:45 pm Adjourn the SGAC Meeting Draft Agenda

7 2018 Calendar Date Event Location January 23-25, st Quarterly Meeting Washington, DC-Embassy Suites DC Convention Center March 27-29, nd Quarterly Meeting Washington, DC Embassy Suites DC Convention Center April 22-26, 2018 Tribal Self-Governance Annual Consultation Conference Albuquerque Convention Center Albuquerque, NM July 17-19, rd Quarterly Meeting Washington, DC-Embassy Suites DC Convention Center Doubletree Downtown St. Paul, Minnesota September 11-12, 2018 (Tentative) Tribal Self-Governance Strategy Session October 1-4, th Quarterly Meeting Washington, DC-Embassy Suites DC Convention Center 2019 Proposed Calendar Date Event Location January 22-24, st Quarterly Meeting Washington, DC-Embassy Suites DC Convention Center March 26-28, nd Quarterly Meeting Washington, DC-Embassy Suites DC Convention Center April 21-25, 2019 Tribal Self-Governance Annual Consultation Conference Grand Traverse Resort and Spa, Traverse City, Michigan July 16-18, rd Quarterly Meeting Washington, DC-Embassy Suites DC Convention Center September 10-12, 2019 Tribal Self-Governance TBD Strategy Session October 1-3, th Quarterly Meeting Washington, DC-Embassy Suites DC Convention Center

8 DOI SELF-GOVERNANCE ADVISORY COMMITTEE c/o Self-Governance Communication & Education PO BOX 1734 ~ McAlester, OK Telephone (918) Facsimile (918) Website: SGAC MEMBERSHIP LIST (July 27, 2017) AREA MEMBER (Name/Title/Organization) STATUS CONTACT INFORMATION Alaska Robert Keith, President Native Village of Elim Primary PO Box 948 Nome, AK P: (907) F: (907) Eastern William Micklin, 1 st Vice President Central Council Tlingit and Haida Indian Tribes of Alaska Cheryl Andrews-Maltais, Chairwoman Wampanoag Tribe of Gay Head (Aquinnah) VACANT E: tc.eli@kawerak.org Alternate 320 W Willoughby Avenue, Suite 300 Juneau, AK C: (619) E: wmicklin@ccthita.org Primary Alternate 20 Black Brook Road Aquinnah, MA P: (508) E: chairwoman@wampanoagtribe.net Eastern Oklahoma Midwest Northwest Pacific Bill John Baker, Principal Chief Karen Ketcher, Proxy Cherokee Nation Gary Batton, Chief Mickey Peercy, Proxy Choctaw Nation 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 SGAC Chairman Tyson Johnston, Council Member Quinault Indian Nation Ryan Jackson, Chairman Hoopa Valley Tribe Scott Sullivan, Council Secretary Tolowa Dee-ni Nation Page 1 of 6 Primary PO Box 948 Tahlequah, OK P: (918) E: karen-ketcher@cherokee.org Alternate PO Box 1210 Durant, OK P: (580) ext E: mpeercy@choctawnation.com Primary PO BOX 550 Red Lake, MN P: (218) E: annette.johnson@redlakenation.org Alternate 2605 N West Bay Shore Drive Peshawbestown, MI P: (231) E: jane.rohl@gtbindians.com Primary 1033 Old Blyn Highway Sequim, WA P: (360) F: (360) E: rallen@jamestowntribe.org Alternate P.O. Box 189 (1214 Aalis Drive) Taholah, WA P: (360) F: (360) E: tjohnston@quinault.org Primary PO Box 1348 Hoopa, CA E: cbfdistrict@gmail.com Alternate 140 Rowdy Creek Road Smith River, CA P: (707) ext E: Scott.Sullivan@tolowa.com

9 SGAC & Technical Work Group Membership List (July 27, 2017) Rocky Mountain Beau Mitchell, Council Member Chippewa Cree Tribe VACANT Primary PO Box 544 Box Elder, MT P: (406) ext. 205 E: Alternate Southern Plains Southwest Western John Barrett, Jr., Chairman Rhonda Butcher, Director Citizen Potawatomi Nation Kay Rhoads, Principal Chief Sac and Fox Nation Ruben A. Romero, Governor Taos Pueblo Shawn Duran SGAC, Vice Chairwoman Chris Gomez, Lt. Governor Ysleta del Sur Pueblo Delia M. Carlyle, Council Member Ak-Chin Indian Community VACANT Primary Proxy Alternate 1601 S. Gordon Cooper Dr. Shawnee, OK P: (405) ext F: (405) E: S Hwy 99, Building A Stroud, OK P: (918) ext F: (918) E: chief@sacandfoxnation-nsn.gov Primary P.O. Box 1846 Taos, NM P: (575) ext. 115 F: (575) E: SDuran@taospueblo.com Alternate 119 S. Old Pueblo Road El Paso, TX P: (915) E: cgomez@ydsp-nsn.gov Primary W. Peters & Nall Road Maricopa, AZ P: (520) F: (520) E: dcarlyle@ak-chin.nsn.us Alternate Page 2 of 6

10 DOI SELF-GOVERNANCE ADVISORY COMMITTEE c/o Self-Governance Communication & Education PO BOX 1734 ~ McAlester, OK Telephone (918) Facsimile (918) Website: SGAC TECHNICAL WORKGROUP TRIBAL TECHS AREA MEMBER (Name/Title/Organization) STATUS CONTACT INFORMATION Alaska Bruce Baltar Bristol Bay Native Association Tech Rep PO Box 130 Dillingham, AK P: (907) F: (907) Eastern Eastern Oklahoma Midwest Martha Whitman-Kassock Association of Village Council Presidents John Bioff Kawerak, Inc. Dee Sabattus United South and Eastern Tribes Elizabeth Malerba United South and Eastern Tribes Melanie Fourkiller Choctaw Nation of Oklahoma Rhonda Farrimond Choctaw Nation of Oklahoma John Mojica Mille Lacs Band of Ojibwe Dave Conner Red Lake Band of Chippewa Indians Jay Sam Little River Band of Ottawa Indians Chris Johns Oneida Tribe of Indians of Wisconsin Tech Rep E: bbaltar@bbna.com P.O. Box 219 (101 Main Street) Bethel, AK P: (907) F: (907) E: mwhitman@avcp.org Tech Rep PO Box 948 Nome, Alaska P: (907) E: jbioff@kawerak.org Tech Rep 711 Stewarts Pike Ferry, Suite 100 Nashville, TN E: dsabattus@usetinc.org Tech Rep 400 North Capitol Street, NW Suite 585 Washington, DC E: lmalerba@usetinc.org Tech Rep PO Box 17 Cookson, OK P: (918) F: (918) E: mfourkiller@choctawnation.com Tech Rep P.O. Drawer 1210 Durant, OK P: (580) ext F: (580) E: rfarrimond@choctawnation.com Tech Rep Oodena Drive Onamia, MN P: (320) F: (320) E: john.mojica@millelacsband.com Tech Rep Council Street Red Lake, MN E: REDLAKEWAE@aol.com Tech Rep 375 River Street Manistee, MI E: jsam@lrboi-nsn.gov Tech Rep PO Box 365 Oneida, WI P: (920) F: (920) E: cjohns@oneidanation.org Page 3 of 6

11 SGAC & Technical Work Group Membership List (July 27, 2017) AREA MEMBER (Name/Title/Organization) STATUS CONTACT INFORMATION Northwest Jennifer McLaughlin Jamestown S Klallam Tribe Tribal Technical Workgroup Co-Chair Tech Rep 1033 Old Blyn Highway Sequim, WA P: (360) Pacific Rocky Mountain Southern Plains Southwest Washington DC Western Eugena R Hobucket Quinault Indian Nation Danny Jordan Hoopa Valley Tribe Briannon Fraley Tolowa Dee-ni Nation Ruth Swaney Confederated Salish & Kootenai Tribes Kasie Nichols Citizen Band of Potawatomi Indians Clyde M. Romero, Jr. Taos Pueblo Linda Austin Ysleta del Sur Pueblo C. Juliet Pittman SENSE Incorporated Cyndi Ferguson SENSE Incorporated Robert Scabby Salt River Pima Maricopa Indian Community Karen Fierro Ak-Chin Indian Community E: jmclaughlin@jamestowntribe.org Tech Rep PO BOX 189 Taholah, WA P: (360) F: (360) E: ehobucket@quinault.org Tech Rep PO Box 1348 Hoopa, California E: de_jordan@earthlink.net Tech Rep 140 Rowdy Creek Road Smith River, CA E: Briannon.fraley@tolowa.com Tech Rep PO Box 278 Pablo, MT P: (406) F: (406) E: ruths@cskt.org Tech Rep 1601 S. Gordon Cooper Dr. Shawnee, OK P: (405) ext F: (405) E: kasie.nichols@potawatomi.org Tech Rep P.O. Box 1846 Taos, N.M P: (575) ext. 111 E: Romeroc@taospueblo.com Tech Rep 119 S. Old Pueblo Rd. El Paso, TX P: (915) ext E: laustin@ydsp-nsn.gov Tech Rep Upshaw Place th Street, NW; Suite 220 Washington, DC P: (202) F: (202) E: pitt@senseinc.com Tech Rep Upshaw Place th Street, NW; Suite 220 Washington, DC P: (202) F: (603) C: (202) E: cyndif@senseinc.com Tech Rep 1005 East Osborn Road Scottsdale, AZ E: Robert.Scabby@SRPMIC-nsn.gov Tech Rep W. Peters & Nall Road Maricopa, AZ P: (520) E: kfierro@ak-chin.nsn.us Page 4 of 6

12 DOI SELF-GOVERNANCE ADVISORY COMMITTEE c/o Self-Governance Communication & Education PO BOX 1734 ~ McAlester, OK Telephone (918) Facsimile (918) Website: NAME Sharee M. Freeman DOI Office of Self-Governance Ken Reinfeld DOI Office of Self-Governance Danny Santiago DOI Office of Self-Governance Tyler Scribner DOI Office of Self-Governance Rufina Villicana DOI Office of Self-Governance Matthew Kallappa DOI Office of Self-Governance Northwest Regional Office Gordon Smith DOI Office of Self-Governance Northwest Regional Office Federal Partners CONTACT INFORMATION 1951 Constitution Avenue NW Room 355 Washington, D.C P: (202) F: (202) E: sharee.freeman@bia.gov 1951 Constitution Avenue NW Washington, D.C P: (202) F: (202) E: kenneth.reinfeld@bia.gov 1951 Constitution Avenue NW Washington, D.C P: (202) E: danny.santiago@bia.gov 1951 Constitution Avenue NW Washington, D.C E: tyler.scribner@bia.gov 1951 Constitution Avenue NW Washington, D.C E: Rufina.Villicana@bia.gov Northwest Regional Office 911 Northeast 11 th Avenue Portland, Oregon E: Matthew.Kallappa@bia.gov Northwest Regional Office 911 Northeast 11 th Avenue Portland, Oregon E: Gordon.Smith@bia.gov Page 5 of 6

13 SGAC & Technical Work Group Membership List (July 27, 2017) NAME Phil Baker-Shenk Holland & Knight, LLP Geoff Strommer Hobbs, Straus, Dean & Walker, LLP Lloyd Miller Sonosky Chambers, Sachse, Miller & Munson, LLP Matthew Jaffe Sonosky, Chambers, Sachse, Miller & Munson Jim Glaze Sonosky, Chambers, Sachse, Miller & Munson Steve Osborne Hobbs, Straus, Dean & Walker, LLP Brian Upton Confederated Salish & Kootenai Tribes Terri Gonzales Salt River Pima Maricopa Indian Community Crystal Banuelos Salt River Pima Maricopa Indian Community Tammy Wingo Kaw Nation Sonja Diggs Choctaw Nation of Oklahoma Leonard Fineday, Legal Director Leech Lake Caroline Mayhew Hobbs Straus Joni Costello, Accountant Taos Pueblo Tribal Government Operations Additional Technical Resources SGAC Mailing Address: c/o Self-Governance Communication and Education PO BOX 1734 ~ McAlester, OK Telephone (918) Facsimile (918) Website: Page 6 of 6 CONTACT INFORMATION 2099 Pennsylvania Ave. N.W. Washington D.C., P: (202) F: (202) E: pbaker@hklaw.com 806 S.W. Broadway, Ste. 900 Portland, OR P: (503) F: (503) E: gstrommer@hsdwor.com 900 West Fifth Avenue, Ste. 700 Anchorage, Alaska P: (907) F: (907) E: Lloyd@sonosky.net E: mjaffe@sonosky.com E: jglaze@sonosky.com 2120 L St. NW, Ste. 700 Washington, DC P: (202) F: (202) E: tosborne@hsdwdc.com PO Box 278 Pablo, MT P: (406) F: (406) E: brianu@cskt.org E: Terri.gonzales@srpmic-nsn.gov E: Crystal.banuelos@srpmic-nsn.gov PO Box 50 Kaw City, OK P: (580) F: (580) E: twingo@kawnation.com PO Drawer 1210 Durant, OK P: (580) ext F: (580) E: sdiggs@choctawnation.com E: Leonard.Fineday@llojibwe.org E: cmayhew@hobbsstraus.com E: apwc@taospueblo.com

14 DOI SELF-GOVERNANCE ADVISORY COMMITTEE c/o Self-Governance Communication & Education Tribal Consortium PO BOX 1734 ~ McAlester, OK Telephone (918) ~ Facsimile (918) ~ Website: SGAC TECHNICAL WORKGROUP ASSIGNMENT MATRIX Quarterly Meeting January 2018 Technical Workgroup Co-Chairs: Jennifer McLaughlin, Tribal Co-Chair Kenneth Reinfeld, Federal Co-Chair Assignment Person(s) Date Task Status 1. Develop a Self-Governance Educational tool for new members of the Administration 2. Draft recommendations for improving the budget distribution process/greenbook 3. Host call to discuss follow up on /BIA Strategic Plan (these changes will support the DOI Strategic Plan) 4. Develop a Self-Governance Legislative Package for Tribes to download. Responsible Originated SGCE October 26, 2017 Budget Workgroup October 25, 2016 On hold pending TIBC Budget Subcommittee Budget Process Workgroup Recommendations Jennifer McLaughlin Pitt Clyde Terra March 30, 2017 SENSE & SGCE March 30, 2017 On hold pending DOI initiation of consultation. 5. Letter to Secretary Zinke object to the Reorganization Effort because the plan has not been shared with the Tribes so we do not know the impact the changes may have within the Department for Tribes; the Department has failed to engage with Tribes through consultation; and Tribes want to provide input before the Plan is implemented 6. Letter to House and Senate Appropriators Do not authorize legislation or allow for any legislative riders to allow the Department of the Interior to Reorganize without first engaging in Tribal Consultation 7. Letter to Natural Resource Committee and SCIA Calling on the Chairman to hold a Hearing on Secretary Zinke s SENSE Jenn SENSE Jenn January 23, 2018 January 23, 2018 January 23, 2018

15 SGAC Technical Workgroup Assignment Matrix Page 2 of 3 Reorganization Plan for the Department of the Interior. Include the fact that Tribes have not seen the Plan nor has the agency engaged in Consultation with Tribes on the Plan 8. Letter OST Special Trustee Trust Audits/ Deputy needs to coordinate with OST and staff to cease and desist from issuing audit findings on language not included in FAs. Express concern over continuing to issue findings if a Tribe does not agree with the language. 9. Letter Proposal to Move OST Function 10. Letter to Secretary Zinke Land-into-Trust Articulate the Key Points 11. Letter DOI Strategic Plan Object to the current Plan for Failure to consult with Tribes before submitting a plan that affects the Departments commitment to our agenda and Note there was not even an opportunity for Public Comment; Request a Clear Commitment to Advance the Tribes SG Agenda and how it interfaces with other Departments and Agencies 12. Farm Bill Share information with SG Tribes there is a lot of overlap between Interior and USDA on programs that serve Tribes. Start to identify champions in the House and Senate that would pursue a SG Initiative in USDA; prepare a cheat sheet on what the bill is seeking to accomplish; how SG can offset these goals; prepare letter to committee of jurisdiction how SG has positive benefits in these fiscally challenged times and the Congressional [and Administration] agenda towards devolution of programs and resources; want Tribes included as January 23, 2018 January 23, 2018 Geoff / Jennifer January 23, 2018 Phil Bakershenk Geoff Strommer January 23, 2018 January 23,

16 SGAC Technical Workgroup Assignment Matrix Page 3 of 3 eligible Insert a Congressional Update Link on SGCE Website 13. Letter to Secretary of Transportation Object to the process and challenge the scope of work concerns over the contract awarded to the University of VA to provide technical assistance no Tribal consultation and the individuals providing the TA do not have experience with or knowledge of Tribes or their needs; Request a comprehensive evaluation of the contractors since the contract has been finalized; contractors need to consult with Tribes regarding implementation; Invite Anthony Bedell and Erin Henley, DOT to Annual Conference 14. Letter DOT VOLPE contractor reference examples to show 30 years success of SG; invite to Annual Conference 15. Letter John McCain Staff Honoring at the Annual SG Conference January 23, 2018 January 23, 2018 SENSE SENSE January 23, 2018 January 23,

17 Self-Governance Communication & Education Tribal Meeting Tuesday, January 23, 2018 (8:00 am to 5:00 pm) Wednesday, January 24, 2018 (8:00am to 5:00 pm) Embassy Suites th Street NW Washington, DC Phone: (202) AGENDA January 23-24, 2018 (8:00am to 5:00pm) Meeting of the TSGAC/SGAC and Technical Workgroup Members Introductions Opening Remarks Legislative Update Mary Pavel-Sonosky Chambers, Geoff Strommer-Hobbs, Strauss Pavel Congress kept government open til February 8th CHIP authorized for 6 years but SDPI wasn t reauthorized Mullin assured it would be dealt with before it lapses at the end of March. We were left off and no one walked to the floor to bring it up. None of friends on the Hill acknowledged it. Strommer SDPI was reauthorized a number of times as part of Medicaid package but over past 12 months the efforts have been to tack it onto CHIP. Pavel It was created in the same bill as CHIP and money to pay for it came from tobacco tax. CHIP is viewed as one health issue. It was part of the Doc fix. SDPI certain it will get reauthorized but not clear if it will be one year or two years. Public Safety and Justice bipartisan support 477 program was enacted and the deadline for the report is Had some exciting conversations with Senator Daines staff 477 for Department of Justice Programs. She is looking at these issue holistically and reformulating the plan similar to 477. Survive Act created a 5% set aside VOCA funds. Stand the greatest chance of that going through. Goodlatte is a challenger and opponent ISSA is a big proponent of it but he is retiring. Tribal Comment Survive Act has competitive grant language built into the legislation and no one acknowledged it wouldn t serve every applicant so it will have the same issue as the current competitive grant process. Pull out competitive grant language to give us a foothold to fight it later. Some will get quite a bit and some will get nothing. TLOA Reauthorization BOP Program has expired and there needs to be discussion why more Tribes didn t take advantage of the program. It may be that people don t want their folks that far away from home. Savannah s Act missing and exploited children Cheney said there was a lapse in reporting and he made it his mission to gather that data. We have the same challenge because the data is not there and is not being collected. Tribal Comment DOJ meeting when there is a missing person it doesn t even break down if it is male and female do you know if Indian do you know if they are under the age of 18?

18 They said they don t have sufficient data to understand the trafficking problem so it is a big problem to communicate how drastic it is. Pavel Data collection on missing and murdered people is not there and we need to make it our focus. Tribal Comment Disturbing don t have the data because the issue is alarming. Pavel We need to focus on how we collect that data and Savannah s Act make them collect that data. Pavel Expand the VAWA jurisdiction to acts of sexual violence against anyone, sex trafficking and stalking. Tribal Comment Common logic if violence against Indian women there is violence against children too. Tribal Comment It does affect the children because if not physically attacked they are observing it and it is having a psychological impact. We cannot silo these programs. If talk about domestic violence it impacts the entire household. Pavel VA Choice Reform Bill Rule 14th to the Floor and it includes what they believed were protections to Tribal MOU but some agreements were under IHCIA and savings clause in the bill doesn t protect those MOUs. We need to fix this but there is no timeline for when it will come up on the Senate floor. The Chairman can put together a managers amendment to correct it. CHOICE Bill is challenging because it is running out of money. Strommer 477 passed and it is a significant piece of legislation. It turns the 477 into a permanent program and expands the agencies involved so it has a broad impact. It also builds in concepts familiar to all of us for review of plans and makes clear incorporation of the plan. Next steps all agencies identified in the bill have to within one year negotiate an MOU that spells out how they will collaborate. February 14th Hankie Ortiz will hold a meeting for agencies and Tribes (kick off meeting) development and signing of the MOU. Spoke to Hankie last week Bureau enact regulations within 180 days but may rethink how they do it because no statutory timeline. OSG Is the expansion mandatory or at their discretion? Strommer It is mandatory and there are more tools to force agencies to participate because you can force a final offer. Tribal Comment We have both SG and 477 and it sounds like they will negotiate at a higher level before we have a chance to weigh in. Strommer Meeting on the 14th will be the meeting that kicks off the development of the MOU and that issue should be raised. Check with the 477 workgroup because Tribes are invited. There needs to be close coordination between 477 and SG Tribes participating in the workgroup. OSG Initially worked on 477 at the beginning we went out to the Tribes and asked them what would work for you in terms of consolidation. We had a list so maybe come ready to present to each agency the programs you want included.

19 Strommer The Tribal workgroup is the right group to take it on because they have been at the forefront of these conversations. Tribal Comment Have grant folks weigh in as well. Strommer- Title IV Last year came close but state fish and wildlife agencies challenged the legislation and it triggered a process that resulted in 8-9 months of negotiation to come to terms with the issues and developed language and towards end of session we had a version of the bill we could live with. Staffer on House Resources Committee wanted to strip out the BOR provision and we were not willing to cross that line. Bill died at end of session. This session slow to kick back up because the Senate said unless meaningful traction on House side we are wasting our efforts so go to the House side. Staffer has now moved up to the House Speakers Office last 6-8 months reached out to a number of House Republican Offices and we have interest by several Mullin, young, LaMalfa. Tribal Comment If get LaMalfa to respond and get it out of the Committee we go to Cole and say we need your help to deal with the Speaker. Strommer It depends on who we get as a champion. Young has been asked to introduce it and we have been asked to find others. We will still have a problem with Kiel Cole staff indicated would go to bat for us. Senate staff is in the final stages of working on a bill. Hopefully, that bill will be done quickly and introduced. That is where we are now. During the last Congress the bill was scored with a zero. In conversations with SCIA Majority staff they said in April holding a Hearing that focuses in on the Self-Determination Act with package of amendments to clean up Title IV would be good. Pavel Tribal Labor Sovereignty Act passed the House as an S bill and can come back over to the Senate under a truncated schedule. There is talk to bring it to the floor during NCAI but need 60 votes (McCain and Cocheran). Murrays Office is still open. Tribal Comment Labor has bigger fish to fry than Indian labor so I cannot see them going ballistic on those two Senators. Tribal Comment Jobs for Tribes Act introduced week after Thanksgiving Pavel NAHASDA was reported out without the Native Hawaiians Block Grant Reauthorization (Senator Lee s challenge) because he thinks it is a racial classification. Congresswoman Moore was not happy. VA Tribe Recognition Bill was sent to the President this month. Budget Update George Bearpaw, Director, Office of Budget Management, Indian Affairs Jeannine Brooks, DOI Amber Ebarb, Budget/Policy Analyst, National Congress of American Indians CR til February 8 - This could all come to a head again on February 8th because Immigration not resolved and no top line agreement on raising the caps on defense and non-defense spending. Letter Take higher levels of the House and the Senate for FY2018 Budget. Tribal Comment Is the President s Budget projected to come out on time? Bearpaw February 5th for rollout of President s Budget.

20 Tribal Comment Big battle on discretionary side Republicans want more money for Defense. Ebarb- Last Agreement raise for both Defense and non-defense. Tribal Comment Where is the budget for the wall in Homeland Security? If they up it for Homeland Security it needs to come from somewhere else. Bearpaw Comp table $3.4 billion dollars we had to use for our rescission amount came out of TMIP amounts. President s Budget -375 million CR $2.8 All payments have been made to the regions and Tribes through this CR. Sometimes withhold money for reductions if President zeros out program we need to withhold the amount until it is restored. Brooks Across the Board OMB issues it every year with a CR. They have us hold a percentage back so if it ends up a lower budget we don t have to recoup the funds. Tribal Comment These CR in the same way other departments and agencies struggle CR do not let you get things done and it can be detrimental to the communities Embargoed and working with OMB and the Department to come up with the numbers to put forward. It is a work in progress right now. You can expect the same as you did for Tribal Comment Anna and Aaron have been visiting Indian country. It is good to get them out so they can see what is going on. In the Northwest we focused in on fisheries and we think it had a good imprint on them. They will probably schedule another visit this year. FY2020 Working with the Regions to get information for the budget process. Spreadsheet shows the information we got in and not as good as we hoped. PDF format may have been easier for folks to fill out but it has tripled our workload on our end and we are going to push things back out to the region for that reason. We got better quality data but it has been a whole lot of work to do it. IT group recommended a computer based service. Not sure we will come up with a good report on unfunded. On preferred program total submission of 155. A few more came in over the weekend. The methodologies didn t change we are looking at the tool to get the data. Tribal Comment Budget Officers need to be involved in the process. We always press for the regional directors to be at TIBC but Budget driven so it is important that the budget officers are involved. Brooks Senior Management agreed to Tribal involvement and originally no budget officers and said you can have 4 problem is all the other regions will push for it so AK can come too. We need a product out of the workgroup to show it is working and things are getting done. Tribal Comment If we don t have the unmet need backdrop it is problematic. It also helps BIA/Tribal relations. Metrics has to pass the red-faced test. Your office and the budget officers are the ones who will get it done. Bearpaw We are on the right track but the system we use to collect this information has to improve. Tribal Comment How did you guys decide what got included and what didn t. Brooks Looked at Tribal programs and if something was inherently federal we didn t include it and if we didn t have a measure or variable to collect the data we didn t include it. Tribal Comment If Tribes could weight their response initially it may help you. Brooks It will go automatically. We are looking for ways to simplify it on both ends. Unfunded will be even more of a nightmare. Tribal Comment One of the areas that is still perplexing is how we prioritize the SG component to the budget. How are you guys handling that including coordinating with OSG. We have a line item our FA and inside that are all of our programs so when we prioritize programs when it comes to SG are we being forced to break them back down? Brooks Yes Tribal Comment-Sharee do we have it broken down so we can track it and put it in the right context. Tribal Comment When we did ours we went through AFA and those are the top programs we started with but the problem is Bureau sends grant money that is grant funded. We didn t put it on our preferred programs because it is not base funded. If you are SG there is no advantage to prioritize program not TPA because no benefit to include it. Smaller programs will never be prioritized. The only way for SG Tribes to narrative best interest is to only prioritize TPA.

21 Discussion - Annual Conference - 30 th Anniversary (Albuquerque, NM, April 22-26, 2018) Honor the original leaders in both BIA and Indian Health Service. Get pictures of previous leaders. Send list of names to Rhonda Fairrmond. Honor John McCain. (Invite Will Mayo, Ed Thomas, Bill Sinclair) Develop pins. SGAC Business - Nominations Muskogee name for Chief James Floyd as the Alternate (for Choctaw) Ysleta del Sur Pueblo new Governor Taos Pueblo Gilbert Suazo Senior new Governor Thank you for serving on our Committee Chris, Rubin Romero and Mickey Peercy Office of Self-Governance Update Sharee Freeman, Director, Office of Self-Governance, DOI Charles Addington new Bureau Director for the Office of Justice Services James Schock BIA Southern Plains Other Indian Affairs Designations and Announcements OSG budget deficit no travel money asked for extra 200,000 to conference and meetings to bring Tribes on board. Deadline to apply for 2019 is March 1st. Running deficit in salary ok for 2019 but right now struggling. Other option if Tribes close by can go and chat with them but some Tribes prefer to have the feds there. CR #1 $76 million in funding received CSC 2017 data (51 Tribes have not yet responded) TIWAHE funded and completed for prior years (asked Tribes to identify TIWAHE dollars) Indian Trader Regulations Series of sessions held in 2017 and Tahsuda will make policy decisions / comments are at website listed in booklet Strategic Plan OSG two performance measures and one eliminated for 2018 no more audit measure whether complete audit management decisions within 180 days. Larger strategic plan OSG is not in the mix on it. Secretarial Order 3342 Required DOI to produce an Annual Report of co-management opportunities with Tribes. Indian Trust Asset Reform briefing paper on the Act Title III Single entity appraisal. Develop an FAQ Frequently Asked Questions for Tribes. Trust Evaluations language battle with OSG and OST regarding Trust Evaluations Tribe reviewed by OST and downgraded because no language in FA language for most Tribes is in the compact. OST decided to downgrade their rating of the Tribe because it was not in the Agreement. OSG said if want special language you need it to be in the Guidance and present it at the SG Conference and hear from Tribes if it will work. OST continued to downgrade Tribes. Sharee wrote another response and Tribal Chairman drafted his own letter and submitted it to OST. Makes no sense to downgrade Tribes on the language when they are not even doing Annual Reviews. Tribal Comment If OST exercises the option to come in April and Tribes disagree what is the option? Freeman- Last best offer or they can sit at the negotiation table. Muskogee is in the process for preparing for their evaluation. They want to identify what functions the Tribe takes and is doing with the money that the Tribe took. They feel like what the Tribe is doing is a small part and they have all the money. What is it that the Tribe is doing with the trust money they received? Tribal Comment some regions wont give up the function and some say it is inherent federal functions.

22 Tort Claims Law Enforcement Officer would have to be certified. They are certified but they are not BIA certified. They want them to have a federal certification. Workgroup has to deal with it. Tribes have to go through training to get the coverage. Tribal Comment It is a waste of money. Tribal Comment How is the coverage different than the coverage we give to healthcare providers? Freeman It isn t. Tribal Comment What is the difference between certifications? Freeman One is state and one is federal. Tribal Comment BIA training also allows you to get coverage with Homeland Security Freeman Consultations on ITARA Draft Guidance Under Native American Childrens Safety Act on background checks; Tribal Resilience Funding Proposals; OSG Annual Report 2015 in Review and in Policy Management and Budget. SGAC Joint Discussion with Acting Assistant Secretary Indian Affairs John Tahsuda, Principal Deputy Assistant Secretary IA, DOI Bryan Rice, Director, Bureau of Indian Affairs, DOI Review of Priority Issues (see list above): Chairman Allen provided an overview of the issues and concerns. Tahsuda-The DOI Strategic Plan includes several pieces and we ve been asked to help facilitate and take a larger role in looking at these changes. The re-organization is a big picture idea. The DOI hasn t had this kind of re-organization from the top down in over 100 years. A chance to provide better services, large Department covers 12 time zones; and it s time to take a look at how the Department is organized. Right now, every Bureau does their own NEPA; could be more efficient. We have a lot of overlap in the Department as far as capital, human resources and look at a better way to provide services to avoid overlap; more efficiencies in operations. Look at office locations. From my perspective, there are huge advantages to be made by BIA if there is better coordination. This is a large effort and will take time. We have to sell it to our own people (staff) at DOT; have to sell it externally to our stakeholders. We are still in the early stages. Mr. Tahsuda referenced the recent map of the new BIA Regional Offices being proposed. Tribal Comment Our concern is that the Secretary has laid out this plan with Tribal consultation. Tribes don t want to be re-organized. We re not rocks, we re not water. Tahsuda- stated that there will be consultation and there will need to be buy-in both internally and externally. A couple of things to keep in mind, we want to hear how Tribes will be impacted. As far as organizational re-structuring, there will still be agency offices; 90% of the people you deal with will be there. There is big R and small r reorganization that the Department is trying to do. We are still having internal discussions. These discussions include all senior leadership; we re at the early stage in the process. If you want to change the Regions and create cross-functional activities, it takes Congressional action. It will take time. Tribal Comment When we saw this map of the new Regions, we hope that this is time and consideration for the Pueblos. Mr. Tahsuda stated that you can submit those comments directly regarding the proposed map. There is plenty of room for discussion. He welcomed suggestions from the SGAC on when/what they would like on the Tribal consultation. Tribal Comment As you deal with attrition and loss of institutional knowledge, how do you recruit?

23 Tahsuda This is a challenge right now. We do have a need for senior management level people. This is an issue within other Bureaus as well. We are looking at some places that would be popular--- easy to live in, most cost effective. EO 3342 Secretary Executive Order; identifying opportunities for collaborative partnership with tribes. (Shawn Duran requested a copy). Review of SGCE letters (see list above). Meeting adjourned at 5:00 pm

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25 United States Department of the Interior National Policy Memorandum OFFICE OF THE SECRETARY Washington, D.C Office of Assistant Secretary - Indian Affairs Deputy Assistant Secretary Indian Affairs (Management) Office of Facilities, Property and Safety Management (OFPSM) Number: NPM-OFPSM-1 Effective: 2/21/18 Expires: 2/21/19 Title: Construction Facilities Improvement & Repair (FI&R) Funding Allocation Methodology 1. Purpose The purpose of this memorandum is to establish funding allocation procedures for Construction FI&R programs for Education Construction, Public Safety and Justice Construction, and Other Construction across Indian Affairs (IA). 2. Scope This policy applies to all IA headquarters, field, and program offices under the authority of the Assistant Secretary-Indian Affairs (AS-IA), including the Bureau of Indian Affairs (BIA) and the Bureau of Indian Education (BIE). 3. Policy It is IA s policy to comply with all Federal laws, regulations, and policies regarding the allocation and execution of appropriated funds. The Construction FI&R funding allocation procedures outlined in this memorandum will be implemented to allocate funding for construction FI&R across IA programs 1. The funding allocation methodology will identify and prioritize deferred maintenance (DM) requirements for programs. The timely identification and prioritization of DM requirements will enable funds to be allocated and acquisition actions to be coordinated effectively and efficiently to initiate the required corrective actions. This methodology will not apply to Replacement School Construction or Replacement Facility Construction, which has a more comprehensive project selection process. 1 This summary uses the Education Construction FI&R Major and Minor funding accounts to present the methodology; however, this methodology is planned to be used for FI&R accounts for Public Safety & Justice Construction and Other Construction funding accounts as well. #18-16, Issued: 2/21/18 1 New

26 4. Methodology Beginning in the summer prior to a specific fiscal year (FY) or the execution year, IA programs (including regions and agencies) will engage with their clients to validate and understand and identify their priority needs. Programs are expected to work with their clients to convey the importance of ensuring that any known deficiencies are input into the IA Facility Management System (IA-FMS) as soon as possible. All Facilities Managers must use data in IA-FMS to begin compiling the FI&R Minor priority lists for their responsible area(s). Each Facility Manager will develop two (2) priority lists: (1) a list addressing safety and health rank 1&2 Work Orders (WOs); and (2) a discretionary list of all other categories of DM WOs, as well as additional safety and health, if needed. Facility Managers will assemble the lists for FI&R Minor using the total score assessed in IA- FMS which uses the IA Supplemental Attachment G Project Scoring Methodology, knowledge of customer need, and project benefits of packaging WOs in groups to achieve economies of scale for work performed at a specific site/building. The initial list will be provided to the OFPSM Division of Facilities, Management and Construction (DFMC) no later than the last week of September of the preceding FY. Mid-August DFMC will conduct an updated comprehensive data pull from IA-FMS. This snapshot will be used by DFMC to determine the percent allocations for each program and specifically for each program funding their FI&R Minor project lists. DFMC will also consider each program s obligation rates/status and status of legacy data validations when determining the final percent allocations. Time Line of Events Summer Before FY Programs will work with clients to validate priority list for the intended FY. Facility Managers for the program will coordinate the consolidation of the priorities. Mid-August DFMC will pull data from IA-FMS on DM WOs. Mid/Late - August DFMC will calculate 70% allocations for FI&R Minor and finalize FI&R Major priority list. DFMC will also calculate the planned 70% funding level and priority lists for all other education construction supplemental programs and for all non-education programs. September Programs will provide FI&R Minor priority lists to DFMC per 60/40 allocation requirements. #18-16, Issued: 2/21/18 2 New

27 CR/Final Appropriation Bill AND Acquisition Allows Funding will be allocated at the 70% level (up to the limits of the CR). February Progress review and second iteration initiated. Programs update their priority lists with customers. DFMC pulls data and calculates distributions. Remaining 30% and any withdrawn previous year FI&R Minor, recovered funds, or other carryover funds will be redistributed based on need. A. ALL Construction FI&R Major (Above $250K) Safety and Health (S&H) rank 1 & 2 DM WOs are considered the highest priority for FI&R Major projects. The IA Supplemental Attachment G Project Scoring Methodology provides a higher weight to S&H WOs, but allows for the other categories to reflect their level of need for each scoring category as well. DFMC will identify a list of FI&R Major projects ranked by total score (also known as the Attachment G score). DFMC will develop and review the list of FI&R Major projects, validate the list, and compile an initial list of FI&R Major projects to be funded. DFMC uses the information in IA-FMS, listed category and ranks, attachment G information, and qualitative knowledge of the sites and building locations for developing the initial list. Once developed, the programs will be requested to confirm the supporting data for each WO under their management. Subsequently, the projects will be funded and the program will initiate the process for corrective action. In addition to the current year funded list of WOs, DFMC will rank all remaining FI&R Major WOs as a snapshot of additional projects ranked for future years. B. ALL Construction FI&R Minor ($250K and below) The FI&R Minor DM WOs are prioritized more closely by the programs. DFMC is requiring the programs to apply a minimum 60% of their allocation toward correcting S&H rank 1&2 DM WOs, and the remaining 40% (up to) to be utilized at their discretion with priority given to rank 1 and 2 DM WOs. The added flexibility allows the programs to package DM WOs to take advantage of economies of scale. For example, if 10 DM WOs can be funded at a single location under one (1) contract, the overhead and indirect costs can be spread across all 10 DM WOs and will likely reduce the overall cost and reduce the administrative requirements. The programs must provide the S&H (60%) and discretionary (40%) priority lists to DFMC for initiation of funding allocations. DFMC will not normally fund the discretionary (40%) list until the S&H (60%) list is provided 2. 2 As program personnel are trained and certified in the use of the Budget and Project Execution, Ranking and Management (BPERM) module of IA-FMS, the program will begin to operate as described in the BPERM Expansion in the process improvement section at the end of this NPM. #18-16, Issued: 2/21/18 3 New

28 C. Determining Funding Levels for FI&R Minor Planning Allocations The planning methodology begins before the final appropriation amount is known. Therefore, DFMC uses the requested budget and plans for 70% to be allocated in the first iteration of this process. In September, DFMC calculates each program s projected allocation for FI&R Minor, allowing program s to identify and prioritize the FI&R Minor DM WOs for their clients. DFMC or programs that are Budget and Project Execution, Ranking and Management (BPERM) certified will initiate the FBMS Entry Documents (FEDs) to fund the projects which are prepared to be processed as soon as the continuing resolution (CR) and/or final appropriation is made available. Programs are encouraged to conduct all the preplanning, market research, and other acquisition process activities to ensure the Purchase Request Packages and Statement of Works are ready for acquisitions to solicit Request for Proposals (RFPs) as soon as possible. Similarly, DFMC will apply the same 70% target to developing first iteration priority lists for the FI&R Major, all supplemental programs, and non-education program priority lists. In February of the FY, a second iteration of the methodology will be initiated. This iteration is planned to allocate the remaining appropriation (30%) plus any additional carry-over or recovered funds. As a result, all funding will be allocated against specific DM WOs within the first half of the FY with the majority allocated in the first quarter. This will enable the programs to initiate the acquisition process with sufficient time to get these projects on contract at the beginning of the construction cycle rather than in the middle or at the end. It is expected that a program will commit and obligate the allocated funding for their share of FI&R Minor at an execution rate that will result in full obligation or at least commitment before the end of the FY. DFMC will monitor the execution rate for each program s FI&R Minor funding. If the execution rate does not appear to be on a path for full commitment (preferably obligation) by the end of the FY, then DFMC will require the program to provide their plan to achieve the goal. If a plan is not provided or is insufficient, DFMC may withhold some or all of a program s allocation at the next iteration and distribute that portion of the allocation among the other programs that are able to meet the goal. The intent is to ensure that the distributed funding can be put to use in a timely way. As a program catches up to their target execution rate, they will be provided the calculated allocation during the next iteration process. D. Determining Funding Allocations for FI&R Minor Education FI&R Minor Funds are allocated as a prorated share of the available funds based on percent of need using the total DM WOs in IA-FMS for all S&H categories grouped together and all Other categories grouped together. For example, the total universe of DM WOs for S&H are broken down as a percentage for each program, then each program s percentage is applied to the total allocation. #18-16, Issued: 2/21/18 4 New

29 Example (assumes beginning of the year 70% allocation): Total FI&R Minor S&H in IA-FMS is: $300M in S&H DM WOs For FI&R Minor S&H, Region X has: $30M or 10% of the total Total FI&R Minor Funding Available (Projected): $20M 70% of FI&R Minor Funding Available (Projected): $14M 60% of Available is (Min Req d for S&H): $8.4M Region X would get 10% of $8.4M $840K for S/H at Region X The same calculation methodology is used to calculate the 40% discretionary share for each program using the total universe for all non-s&h categories (Other). This example reflects the procedure for calculating the allocations at the beginning of a FY based on 70% of the expected appropriation. During the mid-year review (around February/March); the remainder of the appropriated funds and any other funds will be similarly allocated. The result is that the allocations distributed are based on need. Therefore, each program must work with their clients to stress how critically important it is that all DM WOs and abatement plans need to be current and accurate in IA-FMS. E. Project Savings and Carryover Funds Management In order to more effectively and efficiently manage carryover funds, IA is establishing a process where all construction funds that are not directly obligated to a specific ongoing project are returned to DFMC for reallocation. Any funded Project (Work Breakdown Structure 3 (WBS)) that is not fully obligated by July 31 must either have the unobligated balances returned to DFMC or be included in a consolidated report (Due to DFMC NLT July 31) from the program identifying the plan for use of the unobligated balances. Note: funds provided for a specific Project (WBS) may only be used for the DM WOs identified in that Project (WBS). All identified project savings (e.g. recovered, close-out, overestimated scope, etc.) is required to be returned to DFMC for reallocation. As an incentive to the programs returning identified savings on a project, programs will be given a short two (2) week period to identify specific DM WOs and request using a portion of the saving (up to the total) to fund them. The funds must first be returned, and then will be reallocated properly toward the specific DM WOs. After the two (2) week period, the funds will become part of the general funds available for that funding category. Funding is provided for a specific Project (WBS) which represents a specific set of DM WOs; consequently, programs ARE NOT AUTHORIZED to re-administer those funds outside the original WBS for any other purpose. 3 In facilities project management, a work breakdown structure (WBS) is a deliverable-oriented breakdown of a project into smaller components. In this case a WBS is a project that consists of one or more DM WOs that can be packaged together in a logical manner (e.g. same building, site, etc.) to enable more efficient management and execution of the work effort. #18-16, Issued: 2/21/18 5 New

30 F. Budget Planning Preliminary Five (5) Year Plans are established utilizing the IA Capital Planning and Investment Control policy (20 IAM 8) and in alignment with DOI guidance for developing Five Year Plans. Five Year Plans are typically completed prior to the Congressional Justification being submitted to DOI and OMB in September, two (2) years prior to the execution FY. It is impracticable to expect detailed future planning for individual FI&R DM projects estimated less than $2 million 4 as changes may occur over the two (2) year planning to execution period. For most of Education, PS&J, and Other-Agency construction DM planning, DFMC will provide current (at time of planning) and past trend analysis of DM current (at time of planning) requirements, annual growth of DM WOs for at least the two previous years, and an assessment of the effect that each years DM funding has had on the trend-line. Similarly, education construction FI&R Major (>$250K) or other program (PS&J or Other- Agency) FI&R >$2 million unscheduled maintenance does not lend itself to long-term planning models for specific individual actions. DFMC will compile a list of these projects at the beginning of each FY in order to determine the current execution year funded priority list for each program using the DOI Attachment G criteria and IA specific scoring guidance developed for these programs. DFMC will work with the programs to validate the list as needed. The resulting list will identify the intended major projects to be funded during the execution year and provide a snapshot of the projects that would be funded in future years if nothing changed or during the current year if additional funding became available. The list will be provided to the Indian Affairs Construction Investment Review Board (IA-CIRB) for notification and review. The list will not be used for specific future years planning (specific DM WOs), but rather for general plans and justification of consolidated needs. Larger capital improvement (CI) projects (e.g. schools, detention, or agency facilities) are more conducive to long-rang planning. 5. Roles and Responsibilities A. Deputy Assistant Secretary Indian Affairs (Management) is responsible for providing oversight and direction to the OFPSM. B. Director, OFPSM is responsible for implementing policies and providing oversight for facilities, property, and safety management programs for IA. C. DFMC is responsible for providing direct oversight for the implementation of this policy, develop the priority lists for all construction FI&R Major projects, calculating program funding allocations for FI&R Minor, and allocating funding to programs for executing the FI&R Major and Minor projects. 4 This is actually defined further as any education constriction FI&R Minor (<=$250K) or other program (PS&J or Other Agency) <= $2 million. #18-16, Issued: 2/21/18 6 New

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41 Children's Safety Act Review Safeguarding to the Seventh Generation: Protection and Justice for Indian Children and the Implementation of the Native American Children s Safety Act of 2016 Testimony of Michael Black Acting Assistant Secretary Indian Affairs United States Department of the Interior Before the Senate Committee on Indian Affairs On Safeguarding to the Seventh Generation: Protection and Justice for Indian Children and the Implementation of the Native American Children s Safety Act of 2016 April 21, 2017 Chairman Hoeven, my name is Michael Black and I am the Acting Assistant Secretary for Indian Affairs at the Department of the Interior. Thank you for the opportunity to present testimony for the Department of the Interior (Department) on, Safeguarding to the Seventh Generation: Protection and Justice for Indian Children and the Implementation of the Native American Children s Safety Act of The safety of Native children is a Departmental priority. The Bureau of Indian Affairs (BIA) Human Services and BIA Public Safety and Justice programs support Native American families and communities and address the significant challenges faced by children throughout Indian Country. The Native American Children s Safety Act of 2016 (NACSA) addresses the need for tribal social services agencies to conduct comprehensive background checks of residents in foster

42 homes and employees of foster care institutions before placing children in foster care. In this way, the Act expands the Indian Child Protection and Family Violence Prevention Act of 1990, which required character investigations of federal and tribal employees who had regular contact with or control over Indian children. The NACSA requires that, prior to finalizing a foster care placement, the tribal social services agency must complete a criminal records check on every covered individual who resides in the household or is employed at the institution in which the foster care placement will be made. Additionally, the Act requires Tribes to establish standards of placement that include: a criminal records check, including fingerprint-based checks of national crime information databases; a check of any abuse registries maintained by the Tribe; and a check of any child abuse and neglect registry maintained by the State in which the covered individual resides or previously resided in the preceding five years. The NACSA also requires that the Department consult with Tribes and issue guidance regarding these procedures. In preparation for developing this guidance, the BIA is currently in the process of identifying best practices of social service agencies in Indian Country, with a view toward how they can be adapted for use by tribal social services agencies. As an example, at the Fort Totten Agency serving the Spirit Lake Tribe, the BIA conducts background checks on all relative placements either prior to placement or in conjunction with emergency placements. There are three levels of checks conducted by BIA to ensure the safety of Indian children and we believe it is a best practices model that can be replicated nationwide. The first check is a tribal name based check, which is completed immediately in the case of an emergency placement. The Fort Totten Agency then calls the BIA-Office of Justice Services to request a name-based background check on all individuals residing in a home prior to the emergency placement of a child. Within 24 hours prior to granting care and control of a child, the Agency conducts a background check of state criminal records through a search of the State of North Dakota website. Finally, all relative placements undergo a full federal background check in which the Fort Totten Agency takes the individuals fingerprints and sends them to a

43 third party vendor under contract with the BIA that carries out that review. The Agency typically receives the results of the background check within a week. The BIA is also examining processes that will provide Tribes the ability to check child abuse and neglect registries maintained by States. Such processes will require the cooperation of State governments, and we look forward to continue developing those relationships. As mentioned above, the BIA is required to consult on the required guidance and we expect to begin consultations in the fall of Conclusion Thank you for the opportunity to testify on the issue, Protection and Justice for Indian Children and the Implementation of the Native American Children s Safety Act of The Department is committed to doing its part to ensure the safety and protection of children throughout Indian Country. I would be glad to answer any questions the Committee may have.

44 Children s Safety Act Links and Guidance - Childrens Safety Act Link - article about childrens safety act - Guidelines - Background Checks Guidance

45 MARVIN J. SONOSKY ( ) HARRY R. SACHSE REID PEYTON CHAMBERS WILLIAM R. PERRY LLOYD BENTON MILLER DOUGLAS B. L. ENDRESON DONALD J. SIMON ANNE D. NOTO MARY J. PAVEL DAVID C. MIELKE GARY F. BROWNELL (NM)* COLIN C. HAMPSON RICHARD D. MONKMAN (AK)* MATTHEW S. JAFFE WILLIAM F. STEPHENS VANESSA L. RAY-HODGE FRANK S. HOLLEMAN REBECCA A. PATTERSON (AK)* KENDRI M. M. CESAR (AK)* MATTHEW L. MURDOCK (NM)* WHITNEY A. LEONARD (AK)* OF COUNSEL MYRA M. MUNSON (AK)* ARTHUR LAZARUS, JR ROGER W. DUBROCK (AK)* KAY E. MAASSEN GOUWENS (AK)* *NOT ADMITTED IN D.C. LAW OFFICES SONOSKY, CHAMBERS, SACHSE, ENDRESON & PERRY, LLP 1425 K STREET, N.W., SUITE 600 WASHINGTON, D.C TEL (202) FAX (202) January, 2018 I. PUBLIC SAFETY AND JUSTICE ISSUES POLICY ADVISOR HON. MARK BEGICH ANCHORAGE, AK OFFICE 725 E. FIREWEED LANE, SUITE 420 ANCHORAGE, AK (907) FAX (907) JUNEAU, AK OFFICE 302 GOLD STREET, SUITE 201 JUNEAU, AK (907) FAX (907) SAN DIEGO, CA OFFICE 600 W. BROADWAY, SUITE 700 SAN DIEGO, CA (619) FAX (619) ALBUQUERQUE, NM OFFICE 500 MARQUETTE AVE., N.W., SUITE 660 ALBUQUERQUE, NM (505) FAX (505) SURVIVE ACT, S Before the end of the Session, the Senate Committee on Indian Affairs approved SURVIVE Act, S. 1870, which would provide a 5% tribal set aside of the Victims of Crime Fund. Tribal Law and Order Act, Savanna s Act, Justice for Native Survivors of Sexual Violence Act. The Committee also held hearings on the reauthorization of the Tribal Law and Order Act, S and Savanna s Act, S. 1942, which is intended to improve the reporting of missing and murdered Indian people. In addition, Senator Franken (D-MN) and Senator Murkowski (R-AK) have introduced the Justice for Native Survivors of Sexual Violence Act, S. 1986, which would expand the 2013 VAWA special tribal jurisdiction to include crimes of sexual violence, sex trafficking and stalking committed by non-indians within a tribe s special jurisdiction. Currently, the special tribal jurisdiction can only be exercised for domestic violence crimes. II. HEALTH CARE ISSUES

46 SPDPI, THC, SCHIPS. Congress extended the authorizations for these programs until March, Congress continues to work on these issues in connection with the FY 2018 funding measures. VA-CHOICE Reforms. On December 5, 2017, Veterans Affairs Committee Chairman Johnny Isakson introduced S ( The Caring for Our Veterans Act ). The bill was introduced on behalf of the Veterans Affairs Committee and was therefore immediately placed on the Senate calendar. The bill includes a provision that would authorize a medical residency program between, Tribal and IHS facilities and the VA. However, Title I of the bill because it is of most immediate concern, which would establish the VA Community Care Program by amending existing Section 1703 of the Veterans Act. Of particular note are these elements: Under 1703(b), covered health care providers would be any Medicare provider, DOD, IHS, and FQHC, and any other provider that meets criteria to established by the VA. This section does not mention tribes or tribal organizations. Subsection 1703(d) sets for the conditions under which the VA must use non-va providers (such as when the VA doesn t offer the care; the covered veteran was eligible under the 2014 Choice Act under the 40- mile rule; or under criteria to be developed by the VA the veteran and the veteran s primary care provider agree that non-va care would be in the best medical interest of the covered veteran ). o The VA s criteria must consider distance, nature of the care required, frequency of the required care, availability of VA care, whether the veteran faces an unusual or excessive burden to access care (including driving, geographic or environmental factors, and whether VA care is reasonably accessible [among other factors]) Subsection 1703(e) sets conditions under which the VA may use non-va providers. This situation will arise if the VA determines that the VA care is not providing care that meets such quality and access standards as the

47 Secretary shall develop. In making this judgment the secretary would be required to compare VA care with non-va provider care. Subsection 1703(j) authorizes the VA to establish provider networks through a competitive bid process. Subsection 1703(k) sets as a maximum reimbursement rate the amounts the Medicare amounts the government pays under 42 U.S.C. 1395x(u) and 1395x(d), unless the veteran resides in a highly rural area that has fewer than 7 people per square mile. o Under subparagraph (3), in Alaska the Alaska Fee Schedule of the Department of Veterans Affairs shall be followed, except for when another payment agreement, including a contract or provider agreement, is in effect. o Under subparagraph (5), the VA may, but is not required to, employ value-based reimbursement models. Section 101(d) addresses continuity of care with existing agreements: (d) Continuity of Existing Agreements. (1) In general.--notwithstanding section 1703 of title 38, United States Code, as amended by subsection (a), the Secretary of Veterans Affairs shall continue all contracts, memorandums of understanding, memorandums of agreements, and other arrangements that were in effect on the day before the date of the enactment of this Act between the Department of Veterans Affairs and the American Indian and Alaska Native health care systems as established under the terms of the Department of Veterans Affairs and Indian Health Service Memorandum of Understanding, signed October 1, 2010, the National Reimbursement Agreement, signed December 5, 2012, and agreements entered into under sections 102 and 103 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law )

48 (2) Modifications. --Paragraph (1) shall not be construed to prohibit the Secretary and the parties to the contracts, memorandums of understanding, memorandums of agreements, and other arrangements described in such paragraph from making such changes to such contracts, memorandums of understanding, memorandums of agreements, and other arrangements as may be otherwise authorized pursuant to other provisions of law or the terms of the contracts, memorandums of understanding, memorandums of agreements, and other arrangements. III. 477 IMPLEMENTATION MOU between agencies must be in place within one year of enactment (December, 2019)

49 HOBBS STRAUS DEAN & WALKER 900 T HOBBSSTRAUS.COM F MEMORANDUM December 7, 2017 TO: FROM: RE: endment with President Trump for Signature p A comprehensive amendment to the Indian Employment, Training and Related Services Demonstration Act of 1992 (as amended) is one step from becoming law. 1 It was formally presented to President Trump for signature on December 6, This legislation is codified at 25 U.S.C and more commonly referred to as PL Several years in the making, the amendment legislation makes the PL 4 77 program permanent, expands the range of programs and funds eligible for integration in PL 477 plans, clarifies the plan approval process, and makes other improvements to strengthen tribal employment and training programs. PuRPOSE AND NEED FOR LEGISLATION The PL 477 program allows tribal organizations to combine formula-funded federal grants that come from varied sources but all pertain to employment, training, or related services into a single plan with a single budget and reporting system. The PL 477 program allows tribal organizations more flexibility in deciding how to spend their federal funds. They are able to design programs that are more successful based on the unique needs of their own community members. It also allows them to streamline administrative processes, including program applications and federal reporting, thereby lowering administrative costs and making more funds available for direct services. The amendment legislation serves multiple important purposes in strengthening the PL 477 program. First, it reauthorizes the PL 477 program as permanent rather than as a demonstration project. Second, it expands the types of programs and funding that may be integrated in PL 477 plans, including integration beyond only the Department of the Interior (DOI), the Department of Health and Human Services (HHS), the Department of Labor (Labor), and the Department of Education (DOE). Third, it clarifies that PL 4 77 plans require only one annual report or audit and do not require reporting dollar-for- 1 The amendment legislation is entitled "A bill to amend the Indian Employment, Training and Related Services Demonstration Act of 1992 to facilitate the ability of Indian tribes to integrate the employment, training, and related services from diverse Federal sources, and for other purposes." HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC PORTLAND, OR OKLAHOMA CITY, OK SACRAMENTO, CA ANCHORAGE, AK

50 MEMORANDUM December 7, 2017 Page 2 dollar by program-as some federal officials had insisted. Fourth, it creates strict deadlines and processes for review and approval of PL 477 plans, as some federal officials have wrongly disapproved or delayed approval of eligible programs' integration within PL 477 plans. Last, it clarifies the process for agencies to waive requirements of integrated programs. The amendment legislation also makes other helpful changes to the PL 477 program. SECTION-BY-SECTION ANALYSIS OF H.R. 228 AMENDMENT LEGISLATION Summarized below are the significant substantive changes the amendment legislation makes to PL The amendment legislation affects all but two Sections of PL477. Section 9 of PL 477 (25 U.S.C. 3408), entitled "Job creation activities authorized," is not affected by the amendment legislation. This Section authorizes tribal governments to expend a certain percentage of PL 4 77 funds for the creation of employment opportunities and development of the economic resources of the tribal government or individual Indian people. Section 18 of PL 477 (25 U.S.C. 3417), entitled "Assignment of Federal personnel to State Indian economic programs," is also not affected by the amendment legislation. This Section mandates a state with an economic development program targeted to tribal organizations is eligible to receive federal personnel assignments made by DOI. Section 1. Short title This Section cites the amendment legislation as the "Indian Employment, Training and Related Services Consolidation Act of 2017." Section 2. Amendment of short title This Section amends Section 1 of PL 477 (25 U.S.C note), pertaining to PL 477's short title. The amendment removes the word "demonstration," thereby changing the PL 477 program from a demonstration project to a permanent program. References to PL 477 as a demonstration project are likewise removed throughout the remainder of PL 477. Section 3. Statement of purpose This Section amends Section 2 of PL 477 (25 U.S.C. 3401), entitled "Statement of purpose." The amendment emphasizes that services eligible for integration into PL 477 plans may come from diverse federal sources and that one goal of the PL 4 77 program is reducing administrative, reporting, and accounting costs. STRAUS & WALKER, OK '

51 MEMORANDUM December 7, 2017 Page 3 Section 4. Definitions This Section amends Section 3 of PL 477 (25 U.S.C. 3402), entitled "Definitions." The amendment emphasizes the term "Indian tribe" includes tribal organizations. The amendment cross-references the broader types of programs eligible for integration in a PL 4 77 plan listed in amended Section 5 of PL Section 5. Integration of services authorized This Section amends Section 4 of PL 477 (25 U.S.C. 3403), entitled "Integration of services authorized." The amendment emphasizes that, upon approval of a PL 477 plan, tribal organizations may integrate the included programs and funds into one consolidated plan, including but not limited to consolidating administrative functions. Section 6. Programs affected and transfer of funds This Section significantly amends Section 5 of PL 477 (25 U.S.C. 3404), entitled "Programs affected," regarding the types of programs and funds eligible for integration in PL 477 plans. The amendment expands the types of programs that may be integrated into a PL 477 plan by providing a more detailed list of the purposes of programs eligible for integration. Although included in previous drafts of the amendment legislation, the House ultimately removed higher education from the list. Before passage by the Senate, statements were made on the record asserting that the Head Start program is not eligible for inclusion in a PL 477 plan. The amendment expands the types of programs eligible for integration by listing as agencies with which DOI should cooperate when approving PL 477 plans the Departments of Justice, Agriculture, Commerce, Energy, Homeland Security, Housing and Urban Development, Transportation, and Veterans Affairs, and DOE, Labor, and HHS. Previously, PL 477 throughout its Sections only referenced DOI, Labor, HHS, and DOE. Therefore, the amendment implies programs administered by these additional agencies may be integrated into PL 477 plans. Any language referencing only DOI, Labor, HHS, and DOE has likewise been removed or expanded to include the additional agencies throughout the remainder of PL The amendment expands the types of funding that may be integrated into a PL 477 plan by adding-in addition to those made available under a statutory or administrative formula- funds to which tribal organizations are eligible due to their status as Indians under federal law or that they secured as a result of a noncompetitive process. Although included in previous drafts of the amendment legislation, the House ultimately removed funds secured as a result of a competitive process from the types of funding sources eligible for integration. In an effort to maintain competitive grants' eligibility for integration, tribal advocates insisted on language stating that any DEAN & WALKER, ll!' OR!

52 MEMORANDUM December 7, 2017 Page4 funds for which tribal organizations or members are eligible based solely, or even in part, on their status as Indians under federal law may be integrated. The amendment also clarifies that block grant funds may be integrated. The amendment emphasizes that DOI is the ultimate arbiter of whether a program and its funds are eligible for integration. Section 7. Plan requirements This Section amends Section 6 of PL 477 (25 U.S.C. 3405), entitled "Plan requirements." The amendment does not make significant substantive changes. Section 8. Plan review; waiver authority; and dispute resolution This Section significantly amends Section 7 of PL 477 (25 U.S.C. 3406), entitled "Plan review," regarding agencies' authority to waive statutory or regulatory requirements associated with a program requested for integration into a PL 477 plan. The amendment emphasizes the existence of agencies' waiver authority under PL Other references to the process for plan approval are likewise amended to refer to waiver authority throughout the remainder of PL The amendment states an agency shall use its waiver authority unless specific circumstances exist, replacing more permissive language that said an agency "shall have the authority to waive" requirements. The amendment formalizes the process for a tribal organization to request that an agency use its waiver authority, which involves a timeline for approval, deemed approval for requests not acted upon, DO I review of agencies' denials, and an interagency dispute resolution process if DOI and the affected agency disagree on whether the waiver is appropriate. The amendment clarifies that the agency affected by the waiver request has final authority regarding whether it will issue a waiver if the interagency dispute resolution process fails to resolve the issue. Section 9. Plan approval; secretarial authority; review of decision This Section significantly amends Section 8 of PL 477 (25 U.S.C. 3407), entitled "Plan approval," regarding the process for approval and review of disapprovals of PL 477 plans. The amendment emphasizes that DOI has exclusive authority to approve or disapprove a PL 4 77 plan in whole, notwithstanding that an affected agency has ultimate authority regarding whether to waive statutory or regulatory requirements associated with a program it administers that is requested for integration into a PL 477 plan. It also states that DOI must consult with each agency providing funds to be used to implement the PL 477 plan when approving or disapproving a plan.

53 MEMORANDUM December 7, 2017 Page5 The amendment creates a time line for review and approval of submitted PL 4 77 plans, stating such decision making must take place within 90 days after receipt of the plan unless an extension is granted. If a decision is not made within this timeframe, the plan is deemed approved. The amendment provides for approvals of only part of a submitted PL 477 plan. The amendment states that, if a PL 477 plan is disapproved, DOI must provide the tribal organization a written notification of disapproval of the plan that contains a specific finding that clearly demonstrates, or that is supported by a controlling legal authority, that the plan does not meet the requirements of PL This language is similar to that found in the Indian Self-Determination and Education Assistance Act (ISDEAA). The amendment creates a process for seeking review within DOI of a disapproval, including requesting a hearing on the record. The amendment provides for jurisdiction in federal court for civil actions brought by tribal organizations challenging a disapproval. Section 10. Employer training placements This Section amends Section 10 of PL 477 (25 U.S.C. 3409), entitled "Private sector training placements." The amendment increases the period of allowable placement from 12 months to 24 months (which need not be consecutive) when tribal organizations with PL 477 plans use program funds to pay an allowance to participants in training positions with employers. The amendment allows placements with any employers, not just private sector employers as in the past. The amendment removes the requirement that the employer guarantee permanent employment and instead requires only prioritization of permanent employment. Section 11. Federal responsibilities This Section significantly amends Section 11 of PL 477 (25 U.S.C. 3410), entitled "Federal responsibilities," regarding the responsibilities of federal agencies to facilitate and oversee PL 477 plans. The amendment calls on DOI to develop a model report for use by tribal organizations utilizing PL 477 plans and clarifies that the model report may not require a tribal organization to report on the expenditure of funds expressed by fund source or single agency code. The amendment requires DOI to distribute funds to tribal organizations not later than 45 days after the date of receipt of the funds from the appropriate agency, thereby clarifying that DOI serves as the hub of fund receipt and disbursement and requiring DOI to act within a specific timeframe. The amendment requires DOI to establish an interagency dispute resolution process. DEAN & WALKER,

54 MEMORANDUM December 7, 2017 Page6 The amendment requires DOI, Labor, HHS, DOE, and the Departments of Justice, Agriculture, Commerce, Energy, Homeland Security, Housing and Urban Development, Transportation, and Veterans Affairs to enter into an interdepartmental memorandum of agreement (MOA) providing for the implementation of PL 477 within one year of the amendment legislation's enactment. The MOA must provide for an annual meeting between agencies and tribal organizations, a forum to identify and resolve interagency conflicts and conflicts between tribal organizations and agencies, and an annual review of implementation of the PL 477 program. Section 12. No reduction in amounts This Section amends Section 12 of PL 477 (25 U.S.C. 3411), entitled "No reduction in amounts." The amendment emphasizes that the PL 4 77 program shall not affect tribal organizations' eligibility for funding. It states approval or implementation of a PL 477 plan does not reduce funding available to tribal organizations. The amendment states that integration of a program in a PL 4 77 plan does not affect its eligibility for ISDEAA contracting or the applicability of any of that Act's provisions (such as the eligibility of Bureau of Indian Affairs programs for contract support costs). Section 13. Transfer of funds This Section amends Section 13 of PL 477 (25 U.S.C. 3412), entitled "Interagency fund transfers authorized." The amendment requires that, not later than 30 days after the date of apportionment to an agency, the agency overseeing a program identified in a PL 477 plan must transfer the funds to DOI for distribution. The amendment states that, at the request of the tribal organization, program funds incorporated into a PL 477 plan shall be transferred to the tribal organization pursuant to an existing ISDEAA contract, compact, or funding agreement. Section 14. Administration of funds This Section significantly amends Section 14 of PL 477 (25 U.S.C. 3413), entitled "Administration of funds and overage," regarding record keeping on and treatment of funds integrated into PL 477 plans. The amendment highlights that tribal organizations are not required to maintain separate records or conduct audits that trace services conducted to the program for which funds were initially authorized. The amendment states DOI may use accounting procedures that conform to accepted accounting principles and auditing procedures. The amendment emphasizes that program funds incorporated into a PL 477 plan may be consolidated and reallocated, including commingling of administrative costs. DEAN &

55 MEMORANDUM December 7, 2017 Page 7 The amendment states funds used to carry out a PL 477 plan must be administered in such a manner as DOI determines to be appropriate to ensure the funds are spent on activities authorized under the approved PL 477 plan. The amendment states funds transferred under a PL 4 77 plan are treated as nonfederal funds for purposes of meeting matching requirements under federal law, except for funds from Labor and HHS. The amendment states funds transferred under PL 4 77 that are not obligated or expended in that fiscal year remain available. The amendment mandates tribal organizations may earn interest on their PL 4 77 plan funds, and funds must be managed according to the prudent investment standard. The amendment states tribal organizations are entitled to recover 100 percent of any indirect costs incurred as a result of the transfer of funds under a PL 477 plan and are also entitled to the full amount of administrative costs under each program or department's regulations. The amendment makes the Federal Tort Claims Act applicable to approved PL 477 plans. Section 15. Labor market information on Indian workforce This Section amends Section 17(a) of PL 477 (25 U.S.C. 3416(a)), entitled "Labor market information on Indian workforce." The amendment requires Labor, instead of DOI, to develop-in consultation with DOI, tribes, and the Bureau of the Census-a biennial report on the population eligible for the services that DOI provides to Indian people. Section 16. Repeals; conforming amendments This Section repeals Section 15 of PL 477 (25 U.S.C. 3414), entitled "Fiscal accountability." This Section repeals Section 16 of PL 477 (25 U.S.C. 3415), entitled "Report on statutory obstacles to program integration." This Section re-designates the remaining Sections of PL Section 17. Effect of act This Section states that nothing in the amending legislation affects already-approved PL 477 plans, requires resubmittal of PL 477 plans, or modifies the effective period of existing PL 4 77 plans. NEXT STEPS The amendment legislation is now officially with President Trump awaiting signature before it becomes law. It will become law if it is either signed by President Trump or ten days pass while Congress is in session. The White House may choose to DEAN & UP

56 MEMORANDUM December 7, 2017 Page 8 hold a signing ceremony. However, if Congress adjourns during the 10-day period and the President has not yet signed the legislation or the President vetoes the legislation, it will not become law. We have been in contact with White House representatives, and they will keep us updated on any movement. Once the amendment legislation is enacted, the agencies have a statutory deadline of one year from enactment to develop and enter into an interdepartmental MOA on implementation of the new PL 477 legislation. Tribal organizations may want to push the agencies to include the PL 477 Work Group in these discussions and to engage in formal tribal consultation on the resulting draft MOA. If you have any questions about this memorandum, please do not hesitate to contact Geoff Strommer (gstrommer@hobbsstraus.com or ), Steve Osborne (sosbome@hobbsstraus.com or ), or Katie Klass (kklass@hobbsstraus.com or ). DEAN WALKER,

57 2017 Enacted Budget: $2.86 Billion, $67 Million More Than Administration Budget: $2.49 Billion, $375 Million Below 2017 Enacted 2019 Administration Budget: $2.39 Billion, $465 Million Below 2017 Enacted

58 ?

59 18% Cut 12% Cut Eliminated 25% Cut Eliminated Eliminated 7% Cut 2% Cut 10% Cut 5% Cut 28% Cut Eliminated 28% Cut 10% Cut 37% Cut

60 Many Tribal Programs Proposed for Elimination! Tribal Government: Indian Education: -Small & Needy Tribes -Tribal Scholarships Human Services: -Johnson O Malley Program -Tiwahe Initiative -Tribal Education Departments -Domestic Violence Initiative -Early Child & Family Development -Methamphetamine Initiative -Juvenile Detention Education -Housing Program -Special Higher Education Scholarships Trust Natural Resources: -Science Post Graduate Scholarships -Tribal Climate Resilience -Replacement School Construction Trust Real Estate Services: -Replacement Facility Construction -Alaska Native Programs -Litigation Support/Attorney Fees -Other Indian Rights Protection Public Safety & Justice: -Recidivism Reduction Initiative -Tribal Justice Support for tribes subject to P.L Conservation Law Enforcement Program

61

62 Cuts to Tribal Government Funding 1996 General Reduction (enacted) - 16% ATB Rescissions (enacted) - 9.5% Sequester Cut (enacted) - 5% President s 2019 Budget (proposed) % Total Cuts since 1996: % - Only increases for most tribal programs were Pay Costs, but Pay Costs have only been partially funded most years

63 We are facing dire times for the BIA budget. It appears that our only hope to avoid severe budget cuts lies with Congress, not the Administration. A primary role of Tribal Leaders and Indian Affairs Leadership, through TIBC & SGAC, is to advocate for BIA funding increases. This job has become much more complicated under the present Administration. The Administration says it wants to preserve Core Tribal Programs, but does not understand what the Core programs are. Most of the budget lines cut or eliminated do in fact deliver Core funding to tribes.

64 Across the Board Rescissions Year Description % Cut 2000 General Reduction ATB No Rescission ACB BIA-IT Omnibus ATB ATB Omnibus ATB Interior ATB ATB ATB Hurricane & Other No Rescission ATB No Rescission No Rescission ATB ATB ATB Sequester ATB ATB ATB ATB ATB 0.68 Rescissions Subtotal 9.45 Sequester Subtotal 5.04 Total Rescissions & Sequester 14.49

65 President s FY 2019 Budget Request Amber Ebarb

66 Agenda Bipartisan Budget Act BBA Impact on FY 2018 and FY 2019 FY 2019 Details Bureau of Indian Affairs Indian Health Service Housing and Urban Development Department of Justice Treasury and Labor

67 Bipartisan Budget Act Opportunity for Tribes and NDD Programs The Bipartisan Budget Act raised the limits on defense and non-defense appropriations in FY 2018 and 2019 that were set by the 2011 Budget Control Act. Similar to 2013 and 2015 two-year deals Except BBA deal adds funding above the original presequester caps Fully repeals sequestration for two-years and adds new NDD funding above caps Raises NDD cap by $63 billion in FY18 and $68 billion in FY19 Abides by the parity principle

68 Bipartisan Budget Deal in Context These increases do not expand appropriated programs beyond historical levels. Returns funding to where it was in 2010, before the multiple rounds of budget cuts. Adjusted for inflation, the new cap on non-defense appropriations in 2018 would still be 5.3 percent below the comparable 2010 level. If adjusted for population growth as well as inflation, it would be 11.0 percent below the 2010 level.

69 Billions NDD in President s Budget Compared to Bipartisan Budget Act Caps w Sequester Pres. Budget BBA $579 $516 $530 $462 $540 * $597 FY2018 * Reflects the levels in the addendum to the Trump budget FY2019

70 Outlook for Passage The Director of the Office of Management and Budget characterized the FY 2019 budget request as a messaging document. It does no spend all of the funding that was increased under the non-defense discretionary spending cap with the Bipartisan Budget Act. The White House budget assumes a steep decrease in nondefense discretionary spending after FY 2019, proposing roughly $1.5 trillion through FY 2028 and another $1.7 trillion in mandatory spending cuts. The cuts assume repeal of health insurance subsidies under the 2010 health care law (PL , PL ) and over $500 billion in Medicare reductions, but none of these specific proposals seem likely to be enacted by Congress.

71 Congressional Response Congressman Don Young (AK) This may be my President, but this is not my budget. Senator Merkley (OR) The budget cut almost half a billion dollars out of the BIA. I think there will be bipartisan rejection of that. We know that we all need to be a better partner of Indian Country. Bipartisan agreement that the proposed reductions will be countered and addressed during the Congressional appropriations cycle.

72 FY 2019 Indian Country Budget

73 Treaty and Trust Responsibility For a nation that bases its greatness to a significant degree on its rule of law, treaties and intergovernmental agreements carry paramount importance. In 1884, Supreme Court Justice Samuel Miller remarked: A treaty is primarily a compact between independent nations. It depends for the enforcement of its provisions on the interest and the honor of the governments which are parties of it.

74 Our Nations, Our Promises Current Reservations, Tribal Statistical Areas Credits: US Forest Service Enterprise Map Services Program, Tribal Lands Ceded to the United States

75 Probability of Reaching the Top Income Quintile from the Bottom Quintile Source: Chetty, 2014, Appendix Figure VI.B. Darker areas signify lower upward mobility.

76 Fiscal Trust Responsibility Solutions for facilitating economic growth in Indian Country must be multi-faceted. For instance, tribes are working to create a positive business environment via good governance and legal infrastructure, such as commercial codes and courts. However, some pieces of the growth puzzle still rely on improving basic physical infrastructure and fulfillment of other fundamental aspects of the trust responsibility, such as public safety and education.

77 Millions Examples of Significant Need $1,200 $1,000 Tribal Public Safety Funding Need $800 $600 $400 $200 $0 Remaining Need Funded Law enforcement Courts Detention Funding Need

78 Major Reductions Native American Housing Block Grant cut from $654 million to $600 million, or -8.2% Bureau of Indian Affairs cut by $453 million, or -15.2% Major Reductions in BIA include Social Services cut by $19 million, or -37% Indian Child Welfare Act cut by $5 million, or -27% Welfare Assistance cut by $8.4 million, or -11% Rights Protection Implementation cut by $14.7 million, or - 37% Job Placement and Training cut by $4.4 million, or -35%

79 Eliminations Indian Community Development Block Grant (in HUD) Low Income Home Energy Assistance Program (LIHEAP) Indian and Native American Program (INAP in DOL) Tribal Energy Loan Guarantee Program Eliminations within BIA include Small and Needy Tribes Housing Improvement Program ($10 million) Tribal Climate Resilience Alaska Native Programs Johnson O Malley Program ($15 million) Scholarships and Adult education ($35 million)

80 Proposed Increases Indian Health Service Clinical Services, increase of $353 million to expand direct health care services. IHS would receive $150 million for Opioid multi-year competitive grants based on need; this is out of the $10 billion proposal for opioid funding. In the Department of Justice, the budget proposes: $115 million for Indian tribes through a 5% set-aside from the Crime Victims Fund for providing services to crime victims. Indian tribes have never directly received funding from the Crime Victims Fund; A 7% set-aside from across the Office of Justice Programs totaling $93.8 million for tribal assistance. This compares to a 7% set-aside from certain OJP and OJJDP programs for FY 17 and is a significant increase in funding overall over FY 17 levels.

81 Bureau of Indian Affairs FY 2019 Details

82 Millions BIA/BIE Funding FY FY19 request for BIA is $2.4 billion, $443.9 million below FY18 CR, -15.6% FY2018 CR FY2018 CR adjusted FY 2019 PB 1.5 FY 2019 PB adjusted % Decrease from FY10 = -25% Adjusted for inflation 0.0

83 Source: Red Lake Tribe, Dave Conner, Tribal Interior Budget Council

84 2019 PRIORITY RANKING RESULTS ALL REGIONS Social Services (TPA) 11 Indian Child Welfare Act (ICWA)( (TPA) 10 Scholarships and Adult Education (TPA) 9 Tribal Courts (TPA) 9 Aid to Tribal Government (TPA) 9 Criminal Investigations and Police Services 8 Housing Improvement Program (TPA) 6 Johnson O'Malley Assistance Grants (JOM) 5 Road Maintenance (TPA) 5 Detention/Corrections 4 Forestry Program (TPA) 4 Wildlife & Parks Program (TPA) Water Resources Program (TPA) Consolidated Tribal Government Program Welfare Assistance Agriculture Program (TPA) EQ Program (TPA) Social Services (TPA) Indian Child Welfare Act (ICWA)( (TPA) Scholarships and Adult Education (TPA) Tribal Courts (TPA) Aid to Tribal Government (TPA) Small and Needy Tribes 1 Indian Guaranteed Loan Progam - Subsidies 1

85 Proposed Reductions to Top Priorities -100% -100% -100% -100% -37% -27% -27% -22% -10% -5% -6% -2% -3% -3% -3% -3% -11% -7% -5% 1. Social Services (TPA) 2. Indian Child Welfare Act 3. Scholarships and Adult Education 3. Tribal Courts (TPA) 3. Aid to Tribal Government 6. Criminal Inv. and Police Services 7. Housing Improvement Prog 8. Johnson O'Malley 8. Road Maintenance (TPA) 10. Detention/Corrections 10. Forestry Program (TPA) 12. Wildlife & Parks Program (TPA) 13. Water Resources Program (TPA) 13. Consolidated Tribal Government Prog 15. Welfare Assistance 15. Agriculture Program (TPA) 15. EQ Program (TPA) 15. Small and Needy Tribes 15. Indian Guaranteed Loan Prog

86 Indian Health Service Indian Health Service (IHS) $5.4 billion, $413 million over FY 2018 CR 8% increase over the current FY 2018 CR Proposal also cuts or eliminates several important programs at IHS Compares to $6.4 billion in FY 2019 recommended by IHS Tribal Budget Formulation Workgroup

87 SDPI Proposes to move SDPI from mandatory to discretionary Congress would provide funding to SDPI through the annual appropriations process Proposal moves in opposite policy direction tribes have been calling for making the entire IHS budget mandatory instead of discretionary

88 Opioids President s Budget includes $10 billion to combat the opioid epidemic. IHS would receive $150 million "to provide multi-year competitive grants based on need for opioid abuse prevention, treatment, and recovery support in Indian Country." Competitive grants are not the best way to administer this funding, formula would be

89 Cuts in IHS, FY 2019 PB Eliminations the Community Health Representatives program ($60 million) and the health education program ($19 million). Tribal management grants ($2 million). Reductions cuts health facilities construction by $38 from $117 million. Justification: "to prioritize direct health care services and staffing and operating costs for new and replacement facilities."

90 ACA Proposed Changes FY 2019 budget request proposes to make major changes to programs authorized under the ACA. Medicaid spending would be replaced with a block grant to states leading to the elimination of the ACA's Medicaid expansion and cuts in Medicaid over the next decade. Medicaid provides supplemental resources to the IHS budget. The budget would also eliminate subsidies for the ACA's health insurance marketplace.

91 SNAP The budget proposes to cut the SNAP Program by 22% over the next decade. The Administration has announced it will change the SNAP program into a food delivery system for eligible SNAP participants who receive at least $90 a month in SNAP benefits. Approximately 25% of AI/AN households current utilize SNAP, but in some Tribal communities over 50% of households are recipients of the program.

92 Labor and Treasury The President's proposed FY 2019 budget zeroes out funding for the Department of Labor's Division of Indian and Native American Programs (DINAP). CDFIs Community Development Financial Institutions (CDFIs) through the CDFI Fund. In FY17, Congress appropriated $15.5 million for the Native American CDFI Assistance (NACA) Program. The President s FY19 Request would eliminate funding for the NACA program and the three other discretionary CDFI grant programs.

93 Opportunities for Advocacy May 9, 10 th, Interior AI/AN Public Witness Hearing Dates Deadline to request: April 6 March 21, Senate Committee on Indian Affairs Hearing on the President s Budget

94

95 Questions? Amber Ebarb Budget and Policy Analyst National Congress of American Indians

96 FARM BILL KEY PRINCIPLES TO INCLUDE INDIAN COUNTRY IN THE NEXT FARM BILL: Governmental parity across the Farm Bill- Treatment as a State for Tribal Governments and Tribal Departments of Agriculture. Tribal Administration of SNAP and All Federal Food Assistance Programs Expand Substantially Underserved Trust Areas definition to all Rural Development programs Consistent definitions for Indian Lands to provide better access to USDA Programs BACKGROUND The Indian Agriculture industry accounts for $3.4 billion. Over 57 million acres of Indian Country are engaged in food production and are supported by over 56,000 Indian operated farms and ranches. TRIBAL PRIORITIES NCAI urges Congress to recognize Tribal Governments across the entire bill to achieve many of the benefits, incentives, and protections provided to state and local governments. Supporting local, Tribal Governments in the Farm Bill will ensure efficiency of USDA Programs for rural Tribal communities. Treatment as a State for Tribal Governments: Agency-Wide Parity for Tribal Governments and Tribal Departments of Agriculture. One of the largest steps that can be taken in the 2018 Farm Bill is for Congress to permanently recognize the role Tribal governments and Tribal Departments of Agriculture on par with State governments and Departments of Agriculture. Tribal Departments charged with administration of Agriculture and Food Systems must have the authority to interface with all agencies within USDA and the Office of Intergovernmental Affairs at USDA with other offices of government. This would include full treatment as a state for Tribal governments recognizing their laws, authority, and jurisdiction. Areas for Tribal Parity throughout the Farm Bill Recognizing Tribal Law- Amend any references to State Law to State and Tribal Law to fully recognize the jurisdiction of Indian Tribes and existing Tribal Laws that govern Indian Lands. Conservation Title- Including a provision in all sections of the Conservation Title to

97 allow tribal governments, tribal producers, and tribal entities or organizations created for conservation and natural resource protection purposes to have full access to every program. Crop Insurance- Simply changing the timing of premium payment to coincide with production would ease the burden of participation for Indian producers. Increasing the federal subsidy rate for this type of programs has also been demonstrated to incentivize participation and mitigate federal outlay in times of disaster. McIntire-Stennis Parity- Allow Tribal Colleges and Universities (TCUs) offering a bachelor s degree in forestry or higher to perform tribally and state-relevant forestry research and develop a well-trained Native forestry workforce. Tribal Administration of the SNAP and All Federal Food Assistance Programs. Provide tribal governments and tribal organizations the direct authority to administer SNAP and all other federal food assistance programs which Tribes currently are not authorized to do. This can be achieved by providing tribes with 638 self-governance contract authority for nutrition programs which exists for Departments of the Interior and Health and Human Services. Allowing tribes to take over these functions from the federal government will improve efficiency, reduce regulatory burdens, and support self-governance and selfdetermination. Broader Application of SUTA Language. Broadening the Substantially Underserved Trust Area (SUTA) provision across all Rural Development programs will grow rural, Tribal economies. Currently, SUTA is only applied to a small segment of infrastructure programs, but more explicit guidance must be provided to allow the Secretary to exercise this discretion more broadly. This change will help ensure more equitable access to RD programs and authorities, and can be used to provide much-needed support to tribal citizens living in rural communities. The change would allow the waiver of matching requirements for projects funded through RD, which is a significant barrier to socially disadvantaged applicant participation. Common Definition of Indian Lands. Currently, there is no common definition of land owned by Indian Tribes across all USDA programs, creating inconsistent program access even within programs run by a single agency. Congress should address the consistency across the family of USDA programs and authorities by supporting a common definition of Indian Land. For additional information, contact Maria Givens at or mgivens@ncai.org

98 Indian Country Priorities and Opportunities for the 2018 Farm Bill Title I: Commodities Key Points and Recommendations Indian Country is heavily invested in commodity food production, especially livestock which makes up nearly $2 billion of agriculture income for tribal producers. Ensure tribal producer eligibility for all disaster assistance programs in Title I, and increase payments to 90 percent of value to acknowledge their unique land and market issues. Create parity for tribal producers in Farm Service Agency Committees and decision-making. Background Information and Context Many tribes and individual Indian producers are deeply invested in commodity food production under Title I on their lands, either through leases to non-natives or their own production systems. More than half of all income from agriculture in Indian Country $1.9 billion annually comes from livestock production. Tribes and individual Indian producers need continued and improved access to price support and safety net programs, which meet the unique needs of tribal producers. This will ensure the continued growth and vitality of agriculture businesses during volatile market fluctuations and unpredictable environmental condition. Opportunities for Indian Country in the Commodities Title Amend Definitions for the Supplemental Agricultural Disaster Assistance Programs Section 1501(a)(1)(B)(iv) must be amended to read: a corporation, limited liability corporation, or other farm organizational structure organized under Federal, State law and Tribal law. This addition creates parity for tribal governments and acknowledges the authority of entities organized under tribal law or under federal law such as Section 17 corporations. Update the livestock definition in Section 1501(a)(3) to include other commonly raised livestock like reindeer, caribou, elk, horses, or other animals raised or harvested in tribal communities. All of these animals must be further recognized as a livestock and eligible for full protection and program participation Department-wide. Increase Livestock Indemnity Payments for Tribal Producers to 90 Percent The current 75 percent Livestock Indemnity Payment under Section 1501(b) to eligible producers who have incurred livestock death losses above the normal mortality rate, does not address the lack of land equity that exists for tribal producers on trust lands, and the unique challenges tribal livestock producers have in obtaining secure markets for their animals, which generally causes a lower rate of market return. To put tribal producers on equal footing, indemnity payments for tribally owned livestock should be increased to 90 percent. Ensure Tribal Eligibility in the Livestock Forage Disaster Program A new provision under Section 1501(c) must be added to protect tribal producers eligibility in the Livestock Forage Disaster Program through issues of federal government preclusion outside of their control. For example, instances relating to normal carrying capacity may inadvertently exclude some Version 1 08/03/17

99 tribal producers if the Bureau of Indian Affairs does not negotiate or recognize the specific environmental or other variances which impact production. Due to the unique challenges facing tribal livestock and forage producers, all other provisions of the program shall ensure that payment rates are set at 90 percent levels (as opposed to any lower rates identified in the law for non-tribal producers). Explicitly exempt tribal producers from any limitations on receiving payments on any losses due to fire on public managed land. Tribal lands are not public lands. Farm Service Agency County Committee Amend the FSA County Committee determinations on normal grazing periods and drought monitor intensity to be established at the national FSA office to ensure that separate carrying capacities and normal grazing periods for each type of grazing land or pastureland are set at different rates for tribal lands and individual Indian owned land after tribal consultation. Require FSA to do an assessment based on Census data and Agricultural Census data to determine the population makeup of the county and conduct tribal consultation with tribal governments to guarantee that tribal members are effectively and efficiently notified of the opportunity to be nominated and considered for county committee membership. All FSA county committees in predominately tribal population areas and/or tribal land base areas should have predominately Native membership and should reference to the local administrative area which are the voting districts mapped by FSA county committees. Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish Explicitly include tribes and individual Indian producers as eligible for Commodity Credit Corporation emergency relief funds for livestock, bees, and farm-raised fish for under Section 1501(d). Trees Make tribal producers eligible for percent of the cost of replacement, salvage, pruning, removal, or preparing the land or replanting, under Section 1501(e). This ensures that the higher cost of providing these remediation activities on tribal lands and individual Indian owned land is accommodated within the limitations of the program and tribal governments. Recognize tribal business entities organized under tribal law and individual tribal producers as legal entities and persons allowed to participate in the program. Rulemaking Related to Significant Contribution for Active Personal Management Amend Section 1604 regulations related to active personal management or active engagement in farming/ranching to recognize that tribal producers, tribal business entities, and tribal governments should not be excluded from any determination of active personal management/engagement simply by the existence of an active lease relating to their lands. Require the Secretary of Agriculture to engage in tribal consultation concerning the application of this requirement to tribal producers. Geographically Disadvantaged Farmers and Ranchers Amend Section 1606 on Geographically Disadvantaged Farmers and Ranchers to ensure that tribal governments, tribal entities, and tribal producers are explicitly recognized as farmers or ranchers eligible to participate in the program as they are often left out even in the insular areas provision. Base Acres Require the Secretary to consult with tribal governments regarding the determination and election of base acres applicable to all programs under the Commodity Title. For more information, please contact: Colby D. Duren, Policy Director and Staff Attorney, at This document is strictly for educational purposes only and does not constitute legal advice nor create an attorney/client relationship. Version 1 08/03/17

100 Indian Country Priorities and Opportunities for the 2018 Farm Bill Title II: Conservation Key Points and Recommendations USDA conservation programs must allow for the use of traditional ecological knowledge-based conservation practices. Cross-agency coordination between Natural Resources Conservation Service (NRCS) and the Bureau of Indian Affairs must be improved to ensure all tribal producer have access to conservation programs and other U.S. Department of Agriculture (USDA) programs which require an NRCS-approved conservation plan. Parity must be achieved throughout the Conservation title by explicitly including tribes or tribal where state or local or regional agricultural producers are mentioned to ensure tribal access to all NRCS programs. Background Information and Context Conservation planning is not only necessary for enrollment in crop insurance and other U.S. Department of Agriculture (USDA) programs and services, but conservation programs can be an essential part of land protection and product development. The lands within Indian Country are in significant need of intensified conservation practice implementation. Access to the Natural Resources Conservation Service (NRCS) conservation programs and services is essential to meet those needs. While previous Farm Bill negotiations provided improvements in the reach of NRCS programs onto tribal lands and individual Indian owned land, the NRCS program portfolio could still be more effective on tribal lands and individual Indian owned land. For example, many NRCS programs are difficult to implement on Bureau of Indian Affairs (BIA)-managed trust lands. This makes the process of getting approvals for practices or entering into conservation cost-sharing agreements unnecessarily difficult for tribal producers. In some instances, complications can occur based on the length of lease terms pertaining to the lands. In addition to cross-agency coordination issues, highly fractionated interests which are present on many of the lands in Indian Country can make it difficult to execute and accomplish conservation goals. It is essential to not only improve coordination between USDA and BIA, but to continue to improve tribal access to conservation programs in the 2018 Farm Bill. Opportunities for Indian Country in Conservation Title Recognition of Traditional Ecological Knowledge-Based Conservation Develop a new section of the Conservation Title to explicitly allow a tribe or a group of tribes within a state or region to develop traditional ecological knowledge-based technical standards that will control the implementation of all conservation projects allowed under the Farm Bill. This new section would codify current NRCS practices that encourage traditional ecological knowledge-based conservation and would further recognize the fact that tribal jurisdiction and use of traditional practices to improve conservation project implementation are decisions best left to the tribal governments and individual Indian producers who live on those lands and are engaged in ongoing activities that are designed to improve environmental conditions, habitats, and their lands for agricultural purposes. These traditional ecological knowledge-based standards already have a solid scientific basis and are acknowledged by various federal research organizations and agencies. Version 1 08/03/17

101 Conservation Reserve Program (CRP) Land Availability for Beginning Tribal Farmers and Ranchers Create a new section of the Conservation Title to allow the use of CRP land or other lands engaged in conservation practices to be used by tribal citizens who are beginning farmers and ranchers in ways that do not damage the conditions of the land or resources. Include Tribal Priorities in Definition of Priority Resource Concerns Amend the definition of Priority Resource Concerns in Section 1238D(5) of the Farm Bill to include any natural resource as determined by the Secretary that is identified at the national, state, tribal or local level as a priority for a particular area of a state or tribal area and to consider environmental disaster mitigation as a priority resource concern. Allow Lands Held in Common and by Tribal Entities to Access Conservation Programs Create a new section of the Conservation Title or in sections related to eligibility determinations to ensure that lands held in common, such as reservation lands that are controlled and farmed/ranched by groups of individuals, can participate in all Conservation Title programs and that special provisions are enacted in regulations to ensure that any tribal government-allowed entity is the recognized conservation program participant (as opposed to specific individuals). Priority for Enrollment of Tribal Lands in the Conservation Reserve Program Section 2001 of the 2014 Farm Bill establishes priorities for the Secretary to consider when implementing the Conservation Reserve Program and Conservation Priority Areas. Due to the prolonged periods that tribal lands have been under-enrolled in conservation programs and due to the needs of those acres and watersheds to have focused attention on enrollment in conservation programs and utilization of conservation practices on those lands, all tribal lands falling under the jurisdiction of the Bureau of Indian Affairs, tribal governments, tribal agricultural entities, and individual tribal producers, landowners or land operators should receive mandatory priority consideration for all conservation programs authorized in the upcoming Farm Bill. Further priority should be given to beginning farmers and ranchers seeking to establish or re-establish working land activities on tribal lands and commercial activities related to the reestablishment of working lands or the emergence of beginning farmers and ranchers who are tribal members utilizing those working lands. In any ranking activity conducted by USDA officials to determine which lands or resources to enroll in a conservation program allowed under this title, the Secretary and/or state conservationists or technical committees (state or tribal) shall give priority to tribal lands for enrollment in relevant programs, provided these lands or resources also meet requirements for inclusion in the programs. Notice Regarding Conservation Activities & ARMP compliance Ensure conservation activities will be required to be in conformance with the tribal government s Agricultural Resource Management Plan, if one is in place and that proper individuals or officials receive adequate notice of conservation activities. Recognizing Tribal Law Parity Amend any reference to state law in the Conservation Title to say state law or tribal law and any reference to state technical committee to state technical committee or tribal technical committee. Tribal Technical Committee Require each state conservationist to establish a separate tribal technical committee should any tribal headquarters exist within their state boundaries or any land under the jurisdiction of tribal governments or the BIA. These tribal technical committees shall be given the same respect and deference that is currently given to the state technical committee and each tribal technical committee shall be able to establish separate technical standards utilizing traditional ecological knowledge and, to the extent that they do so, such standards shall be the technical standards under which conservation programming can be deployed on tribal lands. Require establishment of state level inter-tribal, regional inter-tribal and national tribal advisory committees regarding conservation matters. Version 1 08/03/17

102 No Additional Compensation for Expired Conservation Measures When a conservation practice installed on tribal land, individual Indian owned land, or lease/permit expires, do not require individual tribal citizens, tribal governments, or tribal entities to compensate the former lessee of the tribal lands for the installation or maintenance of such practice since those practices have already been the subject of cost share with the federal government. Any further payment to lessees or users of the lands would constitute a windfall or unjust enrichment to such user of the land. NRCS Report on Natural Resource Inventory Investments Needs on Tribal Lands Require USDA-NRCS to immediately develop a report to be delivered]to all tribal governments and individual Indian producers identifying which tribal lands still need proper Natural Resource Inventory funding support to perform soil and range surveys to create a baseline report of needs for said lands. Traditional Ecological Knowledge Consideration for Conservation Compliance Consider traditional ecological knowledge whenever the Secretary determines the level of compliance of landowners who have lands or resources enrolled in any of the Conservation Title programs, particularly when determining whether a meaningful stewardship threshold has been reached. BIA Actions Responsible for Non-Compliance Do not determine any tribal landowner or operator of lands in violation of any term of a conservation program enrollment requirement when the BIA can be established as the cause for any alleged non-compliance, whether through delay in action, other non-action in decision-making requirements, or any other reason. Tribal Priority in Environmental Quality Incentives Program (EQIP) Give priority consideration to tribal governments, tribal entities, and tribal landowners and operators to participate in EQIP program activities, in addition to the 5 percent tribal set-aside. This priority shall be widely advertised throughout each state in which the lands are located, and each tribal headquarters in the state shall receive notice of all activities related to the EQIP program. Tribal landowners and operators shall be entitled to additional priority for any activities related to organic and organic transition practices on their farms and ranches. Each tribal government shall be invited to at least two meetings with the state conservationist in a government-to-government conversation concerning the implementation of NRCS conservation programs that could be beneficial to tribal lands. When requested by tribal headquarters, the state conservationist shall enter into cooperative agreements and other activities that will establish a plan by which NRCS programming will be deployed on tribal lands for which the tribal government has an ongoing plan for conserving and protecting habitat, grasslands, rangelands, and other lands and land uses within tribal jurisdiction. Tribal Parity in the Conservation Title Include a provision in all sections of the Conservation Title allowing tribal governments, tribal producers, and tribal entities or organizations created for conservation and natural resource protection purposes to have full access to every program allowed under the Conservation Title. Wherever reference is made to state or local or regional agricultural producer, the terms tribal should be inserted into that section to ensure that inadvertent failure to list tribal governments, tribal producers, or tribal organizations does not preclude them from participating or relegate them to a lesser importance or priority within the relevant section. Technical Assistance Funding for Tribal Governments and Organizations Due to the relatively low use of all conservation programs on tribal lands and individual Indian owned land, give the Secretary the authority to create a permanent fund within the available technical assistance funding authorities, appropriations, and programs to ensure that specialized technical assistance is made available on a continual basis to tribal governments, tribal organizations, and tribal landowners and producers throughout Indian Country, including in all tribal areas of Alaska and Hawaii. These targeted technical assistance funds shall be given priority to tribal organizations that have an established record of providing technical assistance to tribal audiences and shall demonstrate their knowledge of and ability to successfully complete projects involving conservation programming with tribal audiences. The funding shall not be provided to predominately non-native organizations with little to no experience and knowledge of working with tribal audiences. Multiyear cooperative agreements should be authorized under such technical assistance programs. Version 1 08/03/17

103 Alternative Funding Arrangements EQIP and Conservation Stewardship Program (CSP) The 2014 Farm Bill allowed for entering alternative funding arrangements with tribal governments to carry out the intention of the EQIP program and the CSP if the Secretary determined that the goals and objectives of the law would be met by such arrangements and that statutory limitations on entering arrangements with individual producers would not be exceeded. This provision needs more attention and improved implementation to ensure that each tribal government is offered the opportunity for alternative arrangements. Tribal Conservation Technical Committee Authorize the Secretary to work with BIA and a technical committee made up of tribal government representatives from each of the BIA regions to formulate a set of initiatives and programs that can be carried out under existing laws as well as a set of programs that may be needed under future conservation program authorities to improve the conditions of tribal lands throughout the United States. This interdepartmental entity shall be put in place no later than 12 months after the passage of the 2018 Farm Bill and shall issue its report no later than 24 months after passage of the 2018 Farm Bill. The interdepartmental efficiencies and improvements shall be undertaken immediately upon the issuance of the interdepartmental report and annual reports of improvements and actions taken under this provision shall be made to Congress. Conservation Reserve Program (CRP) Create a pilot program to explore the use of livestock to improve soil health in fields set aside by the Conservation Reserve Program, and allow for a rental rate over and above the CRP payment to be made to the producer. Scientific studies have demonstrated the effect that a lack of animal impact can have on the soil. This program would seek to determine the impacts and benefits of this pilot program, for consideration in subsequent iterations of the Farm Bill or conservation legislation. Preference in the use of this land would be afforded first to SDR producers, Young and Beginning Producers, and then to customary producers. The more need that is met through the rental agreement, the smaller the reduction in CRP Payment. Beginning producers in Conservation Programs Encourage and allow all beginning producers to participate in conservation programs and amend all conservation programs to incentivize beginning producers by removing the one year of control requirement. Rollback CSP program to 2013 standards Reinstitute the CSP program 2013 standards. Next Generation Easement Incorporate a new next generation easement in conservation programs. This easement should incorporate tax credits for landowners who are mentoring new and beginning producers and should include a death tax write-off for farm transfer to the next generation. For more information, please contact: Colby D. Duren, Policy Director and Staff Attorney, at cduren@uark.edu. This document is strictly for educational purposes only and does not constitute legal advice nor create an attorney/client relationship. Version 1 08/03/17

104 Indian Country Priorities and Opportunities for the 2018 Farm Bill Title III: Trade Key Points and Recommendations Support and maintain tribal food and agriculture businesses entry into foreign markets by expanding Indian Country s access to the Market Access Program (MAP) and protecting unique tribal foods against fraud. Improve interdepartmental coordination and tribal government and individual Indian producer inclusion on all U.S. trade missions. Background Information and Context The Trade Title programs are a vital part of food production for all food industries, especially in Indian Country. A growing number of tribes and individual Indian producers are engaged in trade of food and agriculture products and have participated in MAP via the Intertribal Agriculture Council s American Indian Foods Program, which provides export-readiness training assistance and the incorporation of products into international food trade shows. Tribal food products have high market demand in overseas markets; however, the hurdles necessary to engage in such markets are complex and limit tribal participation. Improvements to the Trade Title can help support and build tribal food businesses and provide new markets for unique and traditional tribal foods, while protecting producers and increasing economic development. Opportunities for Indian Country in the Trade Title Expand Market Access Program (MAP) Expand MAP by substantially increasing the funding available to the existing agreements that facilitate coordination and administration of the MAP program and result in increasing tribal food business participation in the program so that tribal audiences and more tribal food and agriculture businesses can benefit from the program. The impact of such engagement will further solidify local food economies and food businesses and stabilize tribal economies. Supporting Unique Tribal Foods and Fighting Native Food Fraud Require the U.S. Department of Agriculture (USDA) to institute a system by which fraudulent foods that mimic tribal foods and tribal food businesses can be uncovered and prevented in the marketplace. Food fraud is on the rise throughout the world, and unscrupulous food business entities are already trying to mimic or replicate unique tribal food products. Those businesses should not be allowed to participate in programs that allow them to access markets with products that perpetrate frauds on tribal food producers or food businesses. Version 1 08/03/17

105 Interdepartmental Coordination to Support Tribal Trade Include Indian Country as the USDA develops a stronger relationship with the Department of Commerce on food and agriculture trade. A special interdepartmental coordination group with USDA, Department of Commerce, Department of State, and other applicable agencies should be created to ensure that tribal food production is properly supported and encouraged on tribal lands and is thereafter made a part of the U.S. trade missions and efforts to promote agricultural trade. Tribal Representatives on U.S. Trade Missions Include tribal governments, tribal food businesses, and individual tribal food producers on all foreign trade missions undertaken by the United States to further assist the access of tribal food products to such markets. Study on Tribal Representation on USDA Advisory Bodies Require the Secretary to study all Trade Title programs to ensure that tribal representatives are included on all advisory bodies related to agricultural trade issues and concerns. For more information, please contact: Colby D. Duren, Policy Director and Staff Attorney, at cduren@uark.edu. This document is strictly for educational purposes only and does not constitute legal advice nor create an attorney/client relationship. Version 1 08/03/17

106 Indian Country Priorities and Opportunities for the 2018 Farm Bill Title IV: Nutrition Key Points and Recommendations Approximately 25 percent of Native Americans receive some type of federal food assistance, and in some tribal communities, participation is as high as percent. Indian Country needs a consistent, comprehensive, and tribal-led approach to tailor federal food assistance programs to the specific needs of tribal communities and citizens. Allow tribes the option to enter into Self-Determination Contracts pursuant to P.L for administration of the Supplemental Nutrition Assistance Program (SNAP) and all other federal feeding programs. Improve the funding, flexibility and infrastructure of the Food Distribution Program on Indian Reservations (FDPIR). Require a CBO or CRS inquiry into the impact of drastic cuts or elimination of food assistance programs on the overall agricultural economies of tribes. Background Information and Context With 25 percent of all Native Americans receiving some type of federal food assistance, and in some tribal communities as high as percent, the importance of the Nutrition Title programs in Indian Country cannot be overstated. The Supplemental Nutrition Assistance Program (SNAP) provides benefits to 24 percent of American Indian and Alaska Native households; 276 Tribes and 100 Inter-Tribal organizations administer the Food Distribution Program on Indian Reservations (FDPIR); and American Indians and Alaska Natives make up more than 12 percent of the participants in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), to name a few. These participation rates hinge on limited meaningful employment opportunities, poor transportation options to food sources or food retail, lack of food retail locations in Tribal communities, the age and population characteristics of the individuals in the communities, and the prevalence of chronic health problems, among other issues. Because the rate of obesity, diabetes, chronic heart diseases, cancer, and other health problems is so high in so many communities in Indian Country, participation rates in the feeding programs when coupled with the prevalence of persistent poverty create a fragile system of food access across Indian Country. A consistent, comprehensive, and tribal-led approach that is tailored to the needs of Indian Country is paramount. Any cuts or changes to reduce direct participation in the programs directly diminish the food, and in some cases the only meals, available to Native children, pregnant women, elders, and veterans. No one, especially our most vulnerable tribal citizens, should ever have to go without food. Tribal governments have consistently sought the authority to take over the administration of federal food assistance programs, like SNAP, which they currently cannot run, to not only improve food access and efficiency of the programs, but to further tribal self-governance and serve the unique needs of their citizens and communities. Programs like FDPIR must be improved to allow tribes to better respond to the infrastructure, storage and transportation challenges, and provide the means and support to purchase traditional, locally grown food in food packages. Traditional and locally grown foods from Native farmers, ranchers, fishers and producers encourages healthy living, cultural sustainability, and traditional practices and supports economic development, food production, and agribusiness in Indian Country. Version 1 08/03/17

107 Opportunities for Indian Country in the Nutrition Title Tribal Administration of the Supplemental Nutrition Assistance Program (SNAP) and All Federal Food Assistance Programs Provide tribal governments and tribal organizations the direct authority to administer SNAP and all other federal food assistance programs which they are currently not allowed to directly manage. This can be achieved by providing tribes with 638 self-governance contract authority for nutrition programs which exists for Department of the Interior and Indian Health Service programs. Allowing tribes to take over these functions from the federal government will improve efficiency, reduce regulatory burdens, and support tribal selfgovernance and self-determination. Improvements to the Food Distribution Program on Indian Reservations (FDPIR) and other Federal Feeding Programs Since 2015, several tribal leaders have consulted with the USDA Food and Nutrition Service (FNS) over significant improvements needed to FDPIR. While Tribes have made some headway with USDA, significant legislative changes still need to occur within the FDPIR program, including: Eliminating the matching funds requirement for each of the FDPIR program sites to participate, or limiting the matching requirement to 5 percent. Providing tribal feeding sites with parity to state counterparts programs by allowing them to engage in carryover of unspent funds from year to year. This unequal treatment is problematic to tribal feeding programs whose funding needs, particularly for food distribution infrastructure (e.g., warehouses) could be met by allowing carryover funding. Requiring FNS to continue to engage in tribal consultation. Requiring FNS to engage in tribal consultation concerning reasonable alternatives to the regulatoryapproved practice of tailgating at FDPIR program sites. No FDPIR program site should be allowed to engage in this practice as it is demeaning to program participants. Requiring FNS consult with tribes and develop a written, public contingency plan in the event of any lapses in funding, disasters, government closures, or related incidents which might interrupt or cause the stoppage of food delivery. Allowing those who participate in the FDPIR program to also simultaneously participate in the SNAP program. Neither program provides enough food for participants in remote places; by allowing simultaneous usage of the programs these two supplemental feeding programs can be combined to actually result in addressing food insecurity. Requiring FNS to hire at least one national tribal liaison located in its Washington, D.C., offices and one regional tribal liaison located in each regional FNS office subject to a federal Native American hiring preference or high levels of experience with tribal communities. Increase nutrition education funding to at least $5 million per year and create an alternative to competitive funding so each tribal program receives support for nutrition education program materials through a coordinated approach. Requiring FDPIR traditional food purchases (bison, wild rice, salmon, blue corn, and other products) to be a regular part of food package purchases and not require supplemental or special appropriations to purchase these foods. Requiring FNS to engage in tribal consultation to compile a budget for FDPIR warehouse and other infrastructure needs to be included in its entirety in each federal budget cycle and request until it is fully funded. Requiring all FDPIR purchasing and distribution to occur on a regional basis and include as much locally and regionally tribal-produced food as reasonably possible. Remove the Urban Place definition to allow tribes and the USDA to work collaboratively to serve even more tribal citizens who need nutritious food, regardless of where they live. For more information, please contact: Colby D. Duren, Policy Director and Staff Attorney, at cduren@uark.edu. This document is strictly for educational purposes only and does not constitute legal advice nor create an attorney/client relationship. Version 1 08/03/17

108 Indian Country Priorities and Opportunities for the 2018 Farm Bill Title V: Credit Key Points and Recommendations Many tribal communities are located in Credit Deserts, where access to fair and reasonable credit terms is limited or non-existent. Improvements must continue to be made to Farm Service Agency (FSA) programs to address the availability, efficiency, and application of credit programs in Indian Country. Background Information and Context During uncertain economic times, Indian Country is always hit as hard or harder than most other areas of the country because of the remote and isolated nature of our farms and the reality that most reservation communities are located in credit deserts. While the Farm Service Agency (FSA) has made many improvements to credit and debt servicing to farmers and ranchers in Indian Country in the post-keepseagle era, the 2018 Farm Bill must continue to address the longstanding issue of credit access for tribal producers, in addition to providing tribal-specific training and technical assistance on financial education and loan servicing programs. This Farm Bill must also address the lingering administrative coordination issues experienced by tribal producers when seeking loans or loan servicing and dealing with both the Bureau of Indian Affairs (BIA) and U.S. Department of Agriculture (USDA). The Credit Title must create efficiencies and eliminate delays in approvals and the related failure to extend deserved credit to tribal producers. USDA and BIA should be required to create an administrative team shared by both departments whose role is to review and update all federal practices and regulations that hinder tribal food production, tribal food system lending, and tribal loan servicing that support and maintain tribal food systems. Opportunities for Indian Country in the Credit Title Structuring Loans to Suit the Business Authorize several innovative loan structuring measures in the coming Farm Bill. For example, currently FSA will lend 100 percent the cost of bred livestock. They will then subordinate their lien position to a local commercial lender for annual production costs, increasing the amount of debt secured by the same amount of assets, sometimes by as much as 25 percent. If the first year of operating expenses could be included in the original loan, and amortized over the life of the secured asset, producers would end the year with cash in the bank, allowing producers to take advantage of pricing opportunities on input materials, replacement stock, or expansion opportunities. Such an approach would incentivize operating from available resources, instead of what could be borrowed on an annual basis. Debt Restructuring for FSA Planning Prices When commodity price cycles run contrary to the mandated FSA Planning Prices, despite a producer s inclination to plan conservatively, producers are often faced with choice of accepting a plan based on those planning prices or shutting down their operation. In cases where FSA planning prices are more than 20 percent higher than the actual prices, a producer should be able to restructure their debt in a way that will not count towards lifetime limits on loan servicing. Version 1 08/03/17

109 Socially Disadvantaged Interest Rate Update the Socially Disadvantaged Rate (SDR) interest rate for FSA loans from a static number (currently 5 percent) to be indexed to the prevailing rate and set a commensurate proportion of that rate, 50 percent of the standard rate. The current rate was set years ago when the prevailing interest rate was in the double digits and should already have been revisited and revised. FSA Food Loan Authority Under current program guidelines, there is some latitude for producers whose production will take a period to fully ramp up. Initial payments can be made at an 18-month mark rather than within the first year. This same methodology should be employed for producers wishing to take their raw product to the next step in the value chain. Keepseagle-class Forgiveness The Keepseagle litigation proved there was a systemic and deeply rooted history of discrimination at the USDA against Native and other producers. While Native Americans could avail themselves of the opportunity for debt settlement and a small monetary award to attempt to make them whole, some successful claimants also received a clean slate when dealing with the FSA in the future. With only 3,000 successful claimants of an anticipated 12,000 potential claimants, many Native producers, still feeling the disenfranchisement of decades of disparate treatment, did not take part in the claims process. Allowing the larger pool of potential Keepseagle claimants to experience a clean slate would be a no-cost change that would improve future opportunities for many tribal producers. Remove the Graduation Requirement for FSA programs Due to the general lack of credit availability on and near Indian reservations, it is difficult to access viable credit rates for even experienced producers operating farms and ranches on trust lands. Removing the statutory requirement for producers on Indian reservations to have graduated from FSA programs would allow agriculture operations to be more stable and assist other producers who farm and ranch in areas where credit access is tenuous at best. Remove the Requirement for Private Credit Denial Explicitly exempt tribal producers from the FSA requirement of obtaining three denial letters from private credit sources in order to participate in an FSA loan program. The general lack of private lending available in Indian Country renders the requirement onerous and unduly burdensome. Create Common Definition of Land Owned by Indian Tribes across all USDA Currently, there is no common definition of land owned by Indian Tribes across all USDA programs creating inconsistent program access even within programs run by a single agency. An alternative to placing the definition in the Credit Title or another a section having application broadly across the entire Department, is to place it within the Definitions section of the Conservation Title, where many problems associated with lack of common definition are most pronounced. Regardless of where such definition is placed, attention should be paid to consistency across the family of USDA programs and authorities. GAO Study on Credit Access in Indian Country Conduct an in-depth analysis by the Government Accountability Office into the nature of credit in Indian Country; specifically examining compliance with the Community Reinvestment Act by banks on and near Indian Reservations. For more information, please contact: Colby D. Duren, Policy Director and Staff Attorney, at cduren@uark.edu. This document is strictly for educational purposes only and does not constitute legal advice nor create an attorney/client relationship. Version 1 08/03/17

110 Indian Country Priorities and Opportunities for the 2018 Farm Bill Title VI: Rural Development Key Points and Recommendations The Rural Development (RD) programs at the U.S. Department of Agriculture (USDA) are essential for rural and reservation tribal communities to develop and improve declining infrastructure systems while spurring economic development and job creation in tribal communities. Many ready-to-go ( shovel-ready ) tribal infrastructure and community development projects have gone unfunded over the past several years, leaving promises to Indian Country and rural communities unrealized. RD must have dedicated funding and technical assistance for tribal governments as part of the federal trust responsibility and to ensure that tribal communities and the rural communities around them thrive. Tribes must be consulted during the restructuring of the USDA s RD agency due to its unique impact on tribal economies and tribal economic development. Any budget shifts must also receive tribal consultation before changes occur. Background Information and Context With more than 100 million acres of tribal lands and individual Indian owned land, located in primarily rural areas across 34 states, Rural Development Title programs and funding are vitally important to tribal governments, communities, individual Indian producers, and tribal businesses. In fact, the Rural Development grant and loan programs are sometimes the only option tribes and their neighboring communities have for building new infrastructure or updating antiquated systems essential to spur and sustain economic development and growth in their rural communities. However, there are still issues with accessing and funding Rural Development programs. For example, U.S. Department of Agriculture (USDA) Rural Development (RD) Water and Waste Disposal Program did not fund 28 tribal projects which submitted applications in Fiscal Year (FY) Of those, 15 were complete applications, which requested only $18 million ($16.8 million in grant funding and $1.2 million in direct loan financing), that could have been approved if the agency had additional funding. The 13 incomplete applications requested $37.1 million ($18.8 in grant funding and $18.3 in direct loan financing). In FY 2016, RD electric programs still had remaining loan funds at the end of the year. Yet, the High Energy Cost Grants Program, which provides grants to help decrease the cost of electricity in areas where energy costs are 275 percent of the national average or higher, received more than $48 million in eligible requests with substantial representation from tribal entities and Native Alaskan corporations, yet only $16.9 million was available. The high levels of need in Indian Country go unmet. Making small adjustments to the Rural Development Title will help tribes build strong economies, develop state-of-the-art infrastructure systems, support individual Indian producer businesses, and create jobs, all while promoting and advancing tribal self-governance and tribal self-determination. These improvements in turn support the broader rural communities. In addition, steps should be taken to ensure that RD staff (and all USDA staff) have a thoroughly and modern understanding of how tribes and individual Indian producers do business so that interpretations of RD funding authorities do not inappropriately affect tribes, tribal producers, and tribal businesses. Opportunities for Indian Country in the Rural Development Title Implement SUTA Provisions Throughout all Rural Development Programs Further broaden the Substantially Underserved Trust Area (SUTA) provision across all RD programs. Currently, SUTA is only applied to a small segment of infrastructure programs, but more explicit guidance must be provided Version 1 08/03/17

111 to allow the Secretary to exercise this discretion more broadly. This change will help ensure more equitable access to RD programs and authorities, and can be used to provide much-needed support to tribal citizens living in rural communities. The change would, among other things, allow the waiver of matching requirements for projects funded throughout RD, which can be a significant barrier to socially disadvantaged applicant participation in RD business and infrastructure projects. Rural Development Tribal Set-Aside Provide a tribal set-aside in either terms of percentage of the funding portfolio or a specific funding level for tribal applications within each of the RD program authorities to address the inadequacy and general lack of rural infrastructure in Indian Country. The trust responsibility of the federal government to tribes provides the broad foundation for such set-aside. Without dedicated funding for tribal rural development, the promise of these places will never be realized and Indian Country s infrastructure will continue to decline. In many areas around the country, tribal governments are the strongest remaining rural government entity. In some locations, tribal governments have taken over the management of key infrastructure (such as water systems, electric, and other utilities) because there is no other sound governmental or non-governmental entity that can handle these functions. Establish a Permanent Rural Development Tribal Technical Assistance Office Establish a permanent office providing technical assistance across all RD funding authorities via a cooperative agreement with USDA for two reasons. First, the complexities of lending and infrastructure establishment in Indian Country tied to the nature of the trust land base call for the establishment of such an office that can prepare and monitor lessons learned, establish user-friendly application systems, and assist staff at the tribal or business level in preparing applications. This is a function the federal government cannot readily undertake. Such assistance will also provide needed insight to federal staff in the ongoing execution of their roles by providing a single point-of-contact for all concerned. Second, the trust responsibility of the federal government to tribes supports the need to establish such assistance interventions. This is not unheard of, as RD (particularly in the infrastructure arena) has field staff who assist agency staff and the applicant in analyzing financial viability, key engineering specifications, and related technical requirements for more complex infrastructure projects. Maintain the Under Secretary for Rural Development Position Maintain an Under Secretary for Rural Development in the 2018 Farm Bill and all additional sequent legislation and appropriations packages. Having an Under Secretary whose primary duties are to focus on RD programs and funding is critical for Indian Country and rural America. Any changes that would impact the Under Secretary role for Rural Development must be the subject of tribal consultation. Uplift America by Supporting CDFIs Loan Authority Develop a process to allow small, new, and emerging Community Development Financial Institutions (CDFIs) access to loan authority. The concept of batching and obligating all loan guarantee authority annually is a game changer. The requirements put upon CDFIs to participate in this endeavor are patently prohibitive. Only the largest CDFIs could secure any meaningful funding levels, and some had threatened litigation to do that. Extend Rural Electric Loan and Grant Program Authority to CDFIs Rural electric cooperatives are uniquely poised to be economic development drivers in their communities. Often, they choose not to avail themselves of this opportunity. In cases where a rural electric cooperative chooses not to participate in this program in the past, local CDFIs should have the opportunity to carry out the function. Maintain Rural Water Program Funding Rural water and waste water systems are essential to community support and economic growth in Indian Country. The rural water and waste water program funding in the Rural Development Title should never be lost. Tribal governments, individual Indian producers, reservations, and remote and isolated communities will be severely undercut in the protection and growth of their food systems and their ability to access markets for their food production markets if access to funding for rural water systems is lost or diminished. This is a matter of food insecurity and economic and environmental justice. For more information, please contact: Colby D. Duren, Policy Director and Staff Attorney, at cduren@uark.edu. This document is strictly for educational purposes only and does not constitute legal advice nor create an attorney/client relationship. Version 1 08/03/17

112 Indian Country Priorities and Opportunities for the 2018 Farm Bill Title VII: Research Key Points and Recommendations Research Title programs must allow for the development of tribal research, education, and Native youth in agriculture by making programs and funding more accessible to Tribal Colleges and Universities (TCUs), support a tribally led focus on traditional knowledges and practices, and provide additional opportunities for education. Fund the Federally Recognized Tribes Extension Program at a minimum of $10 million to address the persistent inequity in educating and developing Native American extension resource programming and Native youth in food and agriculture programming. Provide dedicated funding, and tribal preference, at National Institute of Food and Agriculture (NIFA) to build tribal research and educational capacity. Require all institutions (non-tcus) that receive any funding for extension programming in states that have tribal lands and tribal producers to report and demonstrate their work with tribal governments, tribal communities, and tribal producers and their cooperative and respectful coordination with TCUs in close proximity. These institutions should be required to conduct a percentage of their overall work that is equal to the amount of land in the state held by Indians, the Indian farms in those states, and such extension programming must be done with Indian communities and done by staff experienced in and knowledgeable of issues important to Indian Country. Removal of FRTEP from the 2008 Farm Bill requirements that all Smith-Lever programs be competitive and reinstate the consultative requirements for FRTEP implementation. Background Information and Context Monitoring and exploring old and new knowledge regarding plant and animal health, exploring the impact of science to solve food problems, tackling societal issues related to food and health, and ensuring our food supplies are sound and resilient through food and agriculture research is critical to our food, health and self-sufficiency. Accessing research, building tribal research systems within TCUs, and supporting educational institutions within communities are critical to stabilizing tribal agriculture and food systems, food production, and tribal communities. We must also continue focusing on the importance of traditional knowledge, which is best done at tribal-owned and managed institutions. Research Title programs must allow for educating the next generation of tribal producers, scientists, technical specialists, business managers, engineers, lawyers, and related professionals who advise and support the agriculture and food sectors. There are many Native youth who aspire to these career paths, and the funding and programs in the Research Title must help support these goals. Opportunities for Indian Country in the Research Title Parity in Funding for the Federally Recognized Tribes Extension Program (FRTEP) Increase funding for the Federally Recognized Tribal Extension Program (FRTEP) to at least $10 million, and preferably increased to greater levels of funding. FRTEP supports farmers, natural resources managers, youth (via 4-H youth programs), and communities by providing an agent to liaise with other USDA programs, provide Version 1 08/03/17

113 training in farm and ranch business management, supervise 4-H and youth development activities, and coordinate special training programs, including the application of new agriculture technologies, among many other vital activities. While there are more than 3,100 extension offices available to farmers nationwide (through the institutions in the land grant system), the current $3 million funding level provides only 36 FRTEP extension agents to serve more than 50 million acres of tribal lands, a growing number of tribal food producers, and 567 federally recognized tribal reservations as well as many state-recognized tribal communities. Providing more than $10 million in funding would begin to address this persistent inequity by nearly doubling the FRTEP staff and the number of Native youth served by the program. Greater attention must be given to whether the land grant extension system funding is being used appropriately or in such a way that tribal communities and producers receive the resources they need in relation to the proportionate formula funding distributed. The current system of competitive funding is also in need of adjusting, as it results in long-standing and effective programs being cast aside in favor of new programs with no established track record; and States like South Dakota with nearly 19 percent of the land owned by Indians not receiving funding at all. Consultative review of all FRTEP applications must be reinstated. Research Title Funding Mechanisms Update funding systems to reflect the research and educational needs of tribal communities. The competitive and formula funding mechanisms within the Research Title can provide much-needed research and development, infrastructure development, education, and extension of knowledge, but the assumptions about the funding systems have outlived their usefulness. TCU Eligibility for all National Institute of Food and Agriculture (NIFA) Funding Make TCUs eligible for all USDA-NIFA funding authorities. TCU extension professionals are not present among enough tribes, and they are currently not provided with even the minimum level of funding to accomplish their work. However, FRTEP, due to its unique history and implementation must be excluded from this requirement as the circumstances of the FRTEP program is entirely different. Additional Resources for Tribal College Extension, Research, and Education Programs Increase non-frtep funding considerably for Tribal College extension programs so they can effectively address the needs for tribal research and education related to tribal food systems and food producers. Require extension programs funded at 1862 institutions to provide services to tribal food systems, so that there is not a gap in tribal educational scholarships, internships, and critical needs. The growth of Native food systems requires the improvement of access and parity within the Research Title. Commission a comprehensive study to explore the potential ability of 1862 Land Grant Institutions to share administrative functions, classroom and faculty resources, and other related support mechanisms. Tribal Set-Aside, Preference, and Funding at NIFA Provide tribal set-asides and preferences within all non-frtep NIFA funding authorities while retaining the competitive nature of the funding, which is necessary to continue building capacity and strength. Amend the agricultural legal funding authority contained in the 2014 Farm Bill to ensure that competition for the funds occurs and funding is set-aside to be provided to organizations and entities that have a proven specialty and primary focus on Indian law issues that intersect with food and agriculture law. Require NIFA funding authorities to focus a portion of their work on building knowledge and capacity in business development unique to tribal lands and individual Indian owned land, and approach this work separately due to the unique complexities in tribal land use, law, regulatory burdens, and related issues. Since business training and the development of solid business planning tools are also necessary, funding would be best focused around risk management education programs and the funding authorities in this area. Allow tribal governments and tribal organizations full access to all nutrition education programs at NIFA, including SNAP-Ed, and all research programs related to building knowledge in nutrition, health, obesity, and diabetes prevention. Include a set-aside in Small Business Innovation Research projects funded through NIFA for tribal projects leading for commercialization of food products or food systems innovations. Ensure that the federal formula funding authorities that support basic research, education, and extension funding for 1862 institutions is revisited to ensure that the institutions receiving such funds based on the federal formula actually provide research, education, and extension services to the tribal communities, farms, ranches, Version 1 08/03/17

114 farmers, and rural citizens who are counted in the formula that establishes funding allocations. At present tribal interests are considered in establishing formula allocations but there is no follow through to determine if actual projects result in such funding allocations. Sustainable Agriculture Research and Education Program Reauthorize the Sustainable Agriculture Research and Education Program with a set-aside for tribal sustainable agriculture project funding. Agricultural Research Service Projects on Traditional Ecological Knowledge Launch and support a significant number of research projects within the Agricultural Research Service that focus on the important role that traditional knowledge plays in the environmental, natural resource, ecological, food science, nutrition, and health arenas. Funding provided in these unique content areas must be done with full consultation with tribal governments and full compliance with modern cultural practices and recognition. Multi-Tribal Funding for Research Title Programs Develop a separate funding authority, like the Sun Grant or Sea Grant authorities, to allow multi-tribal, multistate, and consortium approaches to meeting the research, education, and extension needs of Indian Country. Native Youth Grants Include a provision of grants for youth-focused organizations in Indian Country that focus on developing food and agriculture leadership and scientific knowledge in all grants for youth organizations. TCU Center of Excellence Encourage, allow, and include the Centers of Excellence approach to funding in the next Farm Bill Research Title. For more information, please contact: Colby D. Duren, Policy Director and Staff Attorney, at cduren@uark.edu. This document is strictly for educational purposes only and does not constitute legal advice nor create an attorney/client relationship. Version 1 08/03/17

115 Indian Country Priorities and Opportunities for the 2018 Farm Bill Title VIII: Forestry Key Points and Recommendations Tribal forests and woodlands make up one third of all tribal lands held in trust, and provide resources, jobs, and economic development opportunities for many tribal governments. Many tribal forests and adjacent federal forests contain sacred places and important trust and treatyprotected resources. Tribes must be provided parity throughout the Forestry Title to better access, manage and develop tribal and federal forests and woodlands to protect tribal resources while providing jobs and economic development. Background Information and Context Indian forests and woodlands comprise 18.6 million acres, or one third, of the total 57 million acres of Indian land held and managed in trust by the federal government. More than 300 tribes have forests, which are one of the principle renewable resources available to tribes. Across the country, Indian forests provide more than $40 million in annual tribal governmental revenues, 19,000 jobs in and around tribal communities, wildlife habitat, and food and medicine sources for Indian people. The proper health and management of Indian forests are crucial to tribal and rural economies. Further, many American Indian and Alaska Native tribes have long-standing and deeply spiritual relationships with the forests where they have lived for centuries. The U.S. Forest Service now maintains National Forests that coexist within and among the boundaries of current and historic tribal homelands. Since many tribes either live within the jurisdiction of federal agencies with forest responsibilities (primarily the U.S. Forestry Service at U.S. Department of Agriculture), or have trust and treaty rights resources located on federal forest lands, the intensely specific and expertise-dependent issues around forests require a specialized focus on policy changes in the Forest Title. Opportunities for Indian Country in the Forestry Title Improve the Tribal Forest Protection Act (TFPA) Adopt the legislative text from the Sections 301 and 303 of the 114 th Congress s H.R (Rep. Westerman) in the new Farm Bill. Include the TFPA streamlining provisions to improve the timelines for review and implementation of forest restoration projects requested by tribes. Allow for greater tribal participation in TFPA projects by authorizing, as a discretionary pilot program, the application of 638 contracting authority to TFPA projects on Forest Service or Bureau of Land Management (BLM) lands. Cooperative Management of Adjacent Federal Lands Since tribes continue to have legal, historic, and economic connections to adjacent federal forests, include a pilot program authorizing tribes and the Bureau of Indian Affairs (BIA) to conduct cooperative, discretionary forest restoration activities on Forest Service and BLM lands using existing regulations governing the management of Indian forests. Additional means and legal and financial arrangements that would support the cooperative management of forest lands with and through Tribes must be explored. Version 1 08/03/17

116 Tribal Forestry Workforce Development Authorize the U.S. Department of Agriculture (USDA) to fund a Native American forestry workforce coordination and development program through an intertribal organization familiar with Tribal forestry issues. The Indian Forest Management Assessment Team, an independent panel of scientists, has identified the need to recruit, train and retain a future forestry and fire workforce to address the growing shortage of trained workers for the management and operation of Indian forests. This shortage of forest workers constrains the ability of tribes and related federal agencies to effectively manage and protect tribal forests and forest-related natural resources and to participate in broader landscape-based forest management activities. McIntire-Stennis Parity Allow Tribal Colleges and Universities (TCUs) offering a bachelor s degree in forestry or higher to perform tribally and state-relevant forestry research and develop a well-trained Native forestry workforce. The McIntire- Stennis Act of 1962 dedicates funds to states to pursue forestry research at state colleges and universities and to help train the next generation of forest scientists and professionals. All 1862 land grant institutions and, since the 2008 Farm Bill, 1890 Historically Black Colleges and Universities have access to funding, yet the National Institute of Food and Agriculture made just under $32 million available under McIntire-Stennis. While tribal trust lands are included in the formula that allocates funding to the individual states, the 1994 Land Grant TCUs remain ineligible to receive research funding. Fire Suppression Priorities Any federal wildfire suppression efforts in the Farm Bill should ensure that Indian forests are properly prioritized in fire suppression activities and funding. Current priorities place protection of private structures above protection of tribal forest assets held, managed and protected by the U.S. as trustee. As a result, in the 2015 fire season, suppression crews were removed from wildfires on Indian trust forests to protect private structures. The fires on Indian trust forests exploded, destroying hundreds of thousands of acres and millions of board feet of timber vitally important to tribal economies. These priorities, allowing federally protected trust assets essential to tribal communities to be sacrificed to protect private structures, needs review. Support Anchor Forests Provide authority to develop more Anchor Forest initiatives. The Inter-Tribal Timber Council, its member Tribes, the U.S. Forest Service, and other forest resource stakeholders have recently completed a pilot study in Washington State and report on an Anchor Forest concept to foster landscape-scale forest collaboration and management projects intended to improve forest health while preserving local logging, milling, and other critical infrastructure. The pilot study was successful and many tribes in the Great Lakes states and Southwest are interested in developing Anchor Forest projects in their own regions. Protection of Sacred Places Ensure that interdepartmental efforts to protect Indian sacred places are maintained and strengthened, and that the responsibilities of USDA and other federal departments to consult with tribes on an ongoing basis concerning sacred places continually occurs. The Memorandum of Understanding among departments of the federal government must be kept in place indefinitely. Tribal Representatives on Forestry Advisory Bodies Require tribal representation on all local, regional and national planning and implementation bodies which serve in advisory capacities to USDA and the U.S. Forest Service. Parity Between Forest Services and NRCS Land Language Create parity between Forest Service management agreement language and Natural Resources Conservation Service determination of land control language to preserve tribal sovereignty and rights to gather/manage traditional plant stands and enhance opportunities for tribes to leverage Environmental Quality Incentives Program (EQIP) assistance on traditional lands under Forest Service jurisdiction. For more information, please contact: Colby D. Duren, Policy Director and Staff Attorney, at cduren@uark.edu. This document is strictly for educational purposes only and does not constitute legal advice nor create an attorney/client relationship. Version 1 08/03/17

117 Indian Country Priorities and Opportunities for the 2018 Farm Bill Title IX: Energy Key Points and Recommendations Tribal lands, individual Indian owned land, and natural resources hold immense potential to develop bio-based energy economic development, energy infrastructure buildouts, and jobs in tribal communities and surrounding rural communities. Establish a Tribal Bio-Based Energy Development Grant Program to help tribal governments, tribal producers, and tribal business entities develop bio-energy businesses and production. Background Information and Context Energy projects in Indian Country hold immense potential for diversifying tribal economies while bringing essential energy infrastructure to remote and isolated communities. Growing crops for energy purposes or converting natural resources on tribal lands and individual Indian owned land to bio-energy projects is an important tool for economic development and self-sufficiency. The 2018 Farm Bill can further support tribal bio-energy projects focused on the needs of remote tribal food producers which embrace the importance of research and development of products and systems on tribal lands. This will not only help tribes reach their energy production and infrastructure goals, but support the surrounding rural communities in dire need of lower energy costs, jobs, and economic development. Opportunities for Indian Country in the Energy Title Establish a Tribal Bio-Based Energy Development Grant Program Create a Tribal Bio-Based Energy Development Grant program in the 2018 Farm Bill to help spark economic development and energy infrastructure development in tribal communities, while providing low-cost energy to tribal communities and surrounding rural areas. This grant program for tribal governments and wholly owned tribal entities would operate much like a grant in lieu of tax credit, similar to the existing Renewable Energy Production Incentive (REPI) Program. Further, the Tribal Bio-Based Energy Development Grant program should specify the eligibility of tribally chartered and federally chartered tribal corporations for Rural Development Programs, including for grants and loan programs, as well as any technical assistance programs available. Since the U.S. Department of Agriculture has made a policy statement that it will recognize federally charted Section 17 Tribal Corporations as eligible entities for the Rural Development programs, the program should codify this and clarify that tribally chartered tribal corporations are also eligible. For more information, please contact: Colby D. Duren, Policy Director and Staff Attorney, at cduren@uark.edu. This document is strictly for educational purposes only and does not constitute legal advice nor create an attorney/client relationship. Version 1 08/03/17

118 Indian Country Priorities and Opportunities for the 2018 Farm Bill Title X: Horticulture Key Points and Recommendations Many traditional Native foods fall under the designation of horticulture crops and are necessary to support food sovereignty and healthy food access in Indian Country. USDA programs which oversee horticulture crops must engage in tribal consultation to ensure the unique needs of tribal producers are being met. The Farm Bill needs to include provisions to protect Native foods in the marketplace, as well as Native seeds and traditional foods. Background Information and Context The Horticulture Title supports specialty crop and organic farming operations with provisions that provide trade promotion and risk management assistance. Horticulture crops are extremely important to tribes and individual Indian producers for many reasons, and as a result, tribes and tribal producers must have equitable access to the programs authorized in the Horticulture Title. First, and most importantly, many of the traditional crops that are so important to the cultural and spiritual lives of Indigenous people are produce or specialty crops under federal law. Second, there are many individual and community acts of food sovereignty that are occurring throughout Indian Country that are critical to improving the health and wellness of tribal citizens. Indian Country health data is among the worst in the country. Chronic diseases, stroke, cancer, heart disease, obesity, and diabetes are at very high rates throughout Indian Country. One of the most important ways to address these health issues is to increase the amount of fresh fruits and vegetables available in our communities and to make those foods accessible locally and regionally. Third, as more of these foods are grown and raised in Indian Country, the surpluses are already finding their way into local and regional markets. Many tribes and tribal producers are improving their economic development alternatives by expanding into diverse food production systems. Opportunities for Indian Country in the Horticulture Title Tribal Consultation on Fruit and Vegetable Programs Require the U.S. Department of Agriculture (USDA) agencies primarily responsible for specialty crops to engage in ongoing tribal consultation concerning the impact and growth of the fruit and vegetable sector within Indian Country and the opportunities and challenges that can be positively impacted by changes in USDA regulations. Tribal Inclusion in the Specialty Crop Block Grant Program Change the Specialty Crop Block Grant Program to ensure that tribal departments of food and agriculture are eligible for funding under this important program and that tribal projects are not required to go through state funding mechanisms at state departments of agriculture to receive support. There are very few tribal projects that currently receive support and, at the same time, the number of tribal departments of agriculture is likely to continue to grow over time. This program is critical to the growth of this sector in Indian Country, and tribal sovereignty must be respected by allowing these new departments to receive funding parity. Version 1 08/03/17

119 Honey and Beekeeping Reports Include the growth and increase in beekeeping and honey operations in Indian Country in any reports on honey or beekeeping. Tribal Farmer s Markets Require that a minimum of 10 percent of available funding in farmer s market and local food promotion programs grant funding authorities go to tribal and tribal producer farmer s markets and local food promotion activities. All definitions of farmer s market and local food promotion activities must ensure that tribal food systems and producers are not excluded from participation based on the unique ways that such markets and activities iterate in Indian Country. Support for Tribal Organic Producers Launch a special program in USDA designed to increase technical assistance to those within Indian Country who are interested and prepared to transition to organic production. Increased Support for FSMA Outreach Ensure that tribes and tribal producers receive adequate technical assistance from USDA and/or Food and Drug Administration (FDA) on Food Safety Modernization Act of 2011 (FSMA) and that the ongoing implementation of FSMA does not inequitably or disproportionately negatively impact Indian Country food systems. The impact of FSMA implementation on tribal producers is different from the impact on any other U.S. producer due to the unique land base, legal jurisdiction, and production systems in Indian Country. At present, there is not enough funding to adequately reach tribal producers to ensure their knowledge of and compliance with FSMA requirements. In addition, the unique legal and political systems in Indian Country are not taken into consideration by USDA or FDA in fashioning approaches to FSMA compliance. Protecting Native Foods in the Marketplace Require USDA to work with tribal governments, tribal organizations, and tribal producers to develop programs that are designed to protect the integrity of Native food products from fraudulent versions of their foods in the marketplace. The federal trust relationship requires that USDA work with tribal governments, tribal food companies, and tribal food producers to ensure that market regulatory mechanisms can be used to augment the ability and inherent legal authority of tribes to protect their unique food products. This can be done through geographic intellectual property mechanisms put in place by tribal governments to protect unique tribal foods or other appropriate legal mechanisms that must receive recognition by the federal government. These processes for protection should be fully supported and recognized by USDA. Protect Tribal Seeds and Traditional Foods Require the USDA to take steps, after tribal consultation, to ensure that tribal seeds are given the maximum protection available under federal law and not allowed to be accessed for commercialized purposes without the consent of tribal governments. Seeds of traditional foods are among the most sacred items to Indigenous peoples and the protection of those seeds, not only as food sources but as important cultural systems, must be required. For more information, please contact: Colby D. Duren, Policy Director and Staff Attorney, at cduren@uark.edu. This document is strictly for educational purposes only and does not constitute legal advice nor create an attorney/client relationship. Version 1 08/03/17

120 Indian Country Priorities and Opportunities for the 2018 Farm Bill Title XI: Crop Insurance Key Points and Recommendations Due to the high risk of agriculture and food production, especially in Indian Country, crop insurance products must cover tribal producers in unique ways. In addition, livestock producers in Indian Country must be afforded the same risk protection as crop producers as well as the same payment options since livestock production makes up a significant percentage of tribal food production. Background Information and Context Agricultural risk management is critical for producers, especially in Indian Country, not only from the production side, but also from legal, financial, marketing, labor, and regulatory standpoints. Managing these risks takes a lifetime of attention, focus, dedication, and assistance. Decades ago few options existed for most producers in terms of insurance coverage of risks associated with agricultural production, and most producers sought relief from Congress when disasters occurred. With the continuing development of crop insurance as an important tool of risk management and disaster mitigation, the 2018 Farm Bill must ensure that crop insurance products approved by the U.S. Department of Agriculture (USDA) are suitable for tribal food production systems. Opportunities for Indian Country in the Crop Insurance Title Parity for Indian Country Ag Production With over 50 percent of the $3.4 billion Indian Agriculture Industry being comprised of cattle, it is critical to ensure that risk management products be designed to meet the needs. Currently there are few options available; and those that do exist require up-front premium payments (LFP, LRP). Simply changing the timing of premium payment to coincide with production would ease the burden of participation for Indian Producers. Increasing the federal subsidy rate for this type of programs has also been demonstrated to incentive participation and mitigate federal outlay in times of disaster. RMA Study on Crop Insurance in Indian Country Require the Risk Management Agency (RMA) to conduct a study to ascertain the efficacy and applicability of the current crop insurance products as they relate to Indian Country agriculture production as indicated by the 2012 National Agricultural Statistics Service Ag Census. If that study reveals that either the specific crop insurance products or the general guidance documents of RMA do not adequately consider unique tribal production issues, a separate administrative guidance or notice should be issued by RMA to solve these concerns and unique crop insurance products and crop insurance administration systems should be pursued. Development of Crop Insurance for Traditional Foods and Livestock Encourage RMA to develop a unique crop insurance policy product designed to cover the production systems associated with tribal food product, tribal livestock, and traditional food systems. The Version 1 08/03/17

121 production systems associated with such products should be recognized as Good Agricultural Practices (GAPs), and tribal producers should also be afforded the same opportunity to pay premiums upon the sale of the crop or livestock instead of making an upfront payment. Tribal Producer Education Programs Ensure that at least 10 percent of all projects funded through RMA s Risk Management Education Program are focused on tribal producer risk management training needs and tribal food production systems and the unique risks associated with those systems. Allow Tribal Insurance Companies to Insure Tribal Producers Engage AMERIND Risk, a 100 percent tribally owned and operated insurance provider, to begin the process of offering crop insurance products in Indian Country because it has significant experience offering and underwriting insurance needs in Indian Country and serves a national intertribal audience. The current crop insurance research, product development, and policy sales areas are not developed for, and do not adequately reach, smaller tribal producers. Many of these unique problems can be addressed by working directly with AMERIND Risk. Appoint Tribal Producers to FCIC Board Consider appointing tribal producers to fill future vacancies on the Federal Crop Insurance Corporation Board and thereby ensure that every FCIC Board has at least one, if not more, tribal producers on the board whose role will be to address the unique issues associated with tribal production systems. For more information, please contact: Colby D. Duren, Policy Director and Staff Attorney, at cduren@uark.edu. This document is strictly for educational purposes only and does not constitute legal advice nor create an attorney/client relationship. Version 1 08/03/17

122 Indian Country Priorities and Opportunities for the 2018 Farm Bill Title XII: Miscellaneous Key Points and Recommendations Covering a wide variety of topics, as well as issues which span multiple titles of the Farm Bill, the Miscellaneous Title is an important mechanism for Indian Country. Fully fund the Office of Tribal Relations and create a new Office of Tribal Agriculture to improve the service and coordination of USDA programs for tribes and tribal producers. The new Office of Tribal Agriculture should report to the Office of Tribal Relations and funding for both offices should be mandatory. Create mandatory interdepartmental working group between agencies at USDA and the BIA to examine and determine solutions to areas where the two departments overlap, are requiring duplicative documentation or actions on the part of tribes and individual Indian land owners in order to access programs and services; or are generally lacking in coordination and efficiency for tribal agriculture. The identified barriers and problems must be addressed and resolved by sustained mandatory interdepartmental working groups. Background Information and Context The issues covered within the Miscellaneous Title cover a wide variety of areas ranging from veterans services to specific grant-making programs, to authorities related to the Office of the Secretary. There are many areas of the Miscellaneous Title that touch on issues that impact tribal communities and that also support specific programs used by tribes and individual Indian producers. This overarching title of the Farm Bill can be used to coordinate work across all titles and all federal agencies, create new programs and authorities that can be either piloted or implemented, and address issues that do not fit neatly in other titles. Opportunities for Indian Country in the Miscellaneous Title Fully Fund the Office of Tribal Relations at USDA Fund the Office of Tribal Relations at a minimum of $1.5 million, because insufficient funding limits OTR s ability to provide the programs, technical assistance, content, or even the basic communications to tribes and tribal producers regarding USDA s education and training programs. Adequate funding is essential to carrying out the Office of Tribal Relations duties, including the oversight of all USDA tribal consultation. Authorize the Establishment of an Office of Tribal Agriculture Establish a broad reaching Office of Tribal Agriculture within the Office of the Secretary to coordinate all USDA programs as those programs apply to tribes, maximize the value of the programs, address issues in compliance and access of programs that are carried out within USDA, and serve as a liaison between the USDA and tribes. Among other requirements, the Office of Tribal Agriculture should periodically report to the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry at least once each fiscal year on the activities and progress in advancing tribal agriculture. The Office should also report annually to the Senate Committee on Indian Affairs. The Office of Tribal Agriculture, should receive an appropriation of $2 million for each fiscal year. Version 1 08/03/17

123 Tax Credits or other Tax Incentives for Buying Indian Food and Agriculture Products The 2018 Farm Bill should create a new Buy Indian tax credit or other tax incentives to encourage consumers and those within the food supply chain to buy American Indian and Alaska Native food products. This will not only help Native food products in the supply chain, it will also provide incentive for distributors, retailers, and related food purchasers to examine Native food product purchases to meet their food supply needs. Increase Cooperative Agreements Between APHIS and Tribes Enhanced authority for the livestock and plant disease agency of the USDA Animal and Plant Health Inspection Service (APHIS) could dramatically increase the number of cooperative agreements it has with tribal governments and tribal organizations. Since tribal lands and individual Indian owned land are among the most remote in the United States, it is important to ensure that animal and plant health is monitored closely and that animal and plant disease is dealt with properly and in ways that do not cripple Native agriculture and food production. Increasing the amount of funding of cooperative agreements is an important way to not only further the growth of agriculture management and governmental control at the tribal government level, but also meet the goals and concerns of APHIS. Recognize Tribal Departments of Food and Agriculture Permanently recognize and incorporate Tribal Departments charged with administration of Agriculture and Food Systems into the ongoing interface of all agencies within the USDA and the Office of Intergovernmental Affairs at USDA with other offices of government. Country of Origin Labeling and Beef Check-off Reinstate Country of Origin Labeling and create a set-aside within the Beef Checkoff funds that is devoted to the marketing and promotion of Native American Beef. Education, Training and Scholarship Programs to Support Native Producers and Scientists Develop a new program that focuses on educating and training the tribal agriculture labor force, provides key scholarships to Native producers, and encourages Native scholars and scientists to focus on food and agriculture. USDA currently has multiple internship, scholarship, mentoring, and other programs focused on increasing the diversity of American agriculture by educating the next generation of tribal leaders in food and agriculture. However, Native representation is low, and outreach to Native communities is weak. A Native scholarship program should be adequately funded and coordinated throughout the land grant system. A minimum of $10 million is needed to adequately endow a centralized scholarship fund for Native youth and scholars. This program should be managed by the Office of Tribal Relations and any new Office of Tribal Agriculture. Maintain and Fund the Intertribal Technical Assistance Network Permanently maintain and fund the Intertribal Technical Assistance Network, which has been in place for more than five years through a cooperative agreement between USDA and the Intertribal Agriculture Council, through contributions from each of the agencies and offices of USDA. This effort should be funded at least $3 million annually, and it must continue to maintain regional offices in each of the 12 Bureau of Indian Affairs (BIA) regions to ensure access for all Native producers. Interdepartmental Task Force on Indian Agriculture Create an Interdepartmental Task Force on Indian Agriculture with the Office of Tribal Relations, the Office of the Secretary, and representatives of each of the agencies and offices of USDA, along with the BIA. The purpose of the Task Force shall be to develop administrative efficiency and regulatory changes needed to ensure Native agriculture is supported and allowed to increase. The Task Force must report annually to the Secretary of Agriculture and the Secretary of Interior. OAO Outreach and Internships for Native Students Require the USDA Office of Advocacy and Outreach (OAO) to fund internships for Native students at a level equal to the number of internships the office supports for any other socially disadvantaged group (e.g., Hispanic, African American, Asian American, women, etc.). The OAO has been inconsistent in funding these internships for Native students, and they should be required to do so, if they fund members of other groups. The Tribal Liaison position within the OAO offices that focuses on the relationship between the American Version 1 08/03/17

124 Indian Higher Education Consortium (AIHEC) and USDA (and staffs the joint leadership council of AIHEC and USDA officials) should be moved to the Office of Tribal Relations. Coordination with BIA on Agricultural Resource Management Plan Require the BIA to coordinate with USDA in all aspects of supporting any tribe or individual Indian landowner that wishes to draft and implement (including receiving Secretary of Interior support) an Agricultural Resource Management Plan, authorized under the American Indian Agricultural Resource Management Act of 1993 (AIARMA). This act has never been fully implemented, and only a few tribes and individual Indian landowners have placed a plan in motion. The BIA, working in concert with USDA, should prioritize finding resources to assist tribes (including technical assistance resources) in establishing plans authorized under the act. The BIA should be required to accept any conservation plan or forest management plan conducted by the NRCS or USFS agencies within USDA as equivalent to any environmental assessment deemed necessary in implementing the AIARMA. Tribes and individual Indian landowners should not be required to conduct a full NEPA analysis to conduct food and agriculture operations on their lands. The requirement is far more excessive than any applicable law, and this interpretation violates principles of rights to food, food access, environmental or food justice, and food sovereignty. An ARMP created pursuant to the AIRMA should be allowed as a fundable EQIP practice, and exempted from full NEPA analysis. Increase FSMA Technical Assistance Funding for Tribal Producers An increase in Food Safety Modernization Act training and technical assistance funding for tribal producers must occur. There are unique legal, jurisdictional, production, water, land use, and related issues and concerns regarding its implementation that will inhibit tribal food production if not addressed through enhanced food safety training and technical assistance. The Native American Outreach, Training, Technical Assistance, and Education cooperative agreement funded through the FDA attempts to reach the technical assistance and training needs of tribal producers, but the USDA is not funding such efforts on a regular basis and FDA funding is not at the level necessary to cover the needs of producers in over 30 states and with over 500 tribes. The Farm Bill should require that the FDA and USDA double the amount of funding received by the Native outreach organization, since that organization is required to conduct activities that cover twice the land base that any other regional training center covers. The Farm Bill should also require that the USDA fund an additional equivalent amount of activities to ensure that tribal producers are reached with this information, which is vital to their compliance and their ability to reach markets for their products. USDA and FDA must conduct joint tribal consultation with regard to any current and future interpretations of the FSMA rules in order to determine potential continuing impacts on Indian Country producers and food businesses. PSA (Produce Safety Alliance) located at Cornell University designs all approved curriculum on FDA FSMA implementation but the curriculum is not appropriate to the legal, jurisdictional, land, and water resources or food systems in Indian Country and appropriate curriculum and resources must be focused on the needs of Indian Country producers. Tribal Representation on All Federal Advisory Committees Require USDA to recruit and appoint tribal members to each of the more than 100 federal advisory committees it seats and supports. In addition, the Council for Native American Farming and Ranching should receive funding to support its work, and it should become a permanent FACA advising the Secretary and the USDA. Weather Reporting Stations USDA should be required to work alongside other relevant federal departments to ensure that weather reporting systems and stations are located on tribal lands and individual Indian owned land throughout the U.S., because the gathering of that information is vital to predicting production yields and assessing disaster impacts, among other weather-related needs. Currently, very few weather reporting stations are located on tribal lands, and USDA should take the lead in working with other departments to ensure this is addressed. Buy Indian and Indian Preference for USDA Food Purchasing Amend the language that controls USDA contracting and procurement, including the language that controls the procurement of food, to not only recognize and support a Buy Indian provision, but also allow an Indian preference particularly when USDA is purchasing any product, including food, being utilized by Native people within their communities (such as food in the commodity food programs, like the Food Distribution Program on Indian Reservations). Version 1 08/03/17

125 Establish an Indian Agriculture Development Trust Fund Production agriculture has the potential to provide a private sector economy for rural tribal governments. Some of the highest unemployment rates in the country located on tribal lands several with chronic unemployment rate as high as 80 percent. Many of these tribal communities have land bases that can support production. A secure and stable source of technical assistance and expertise in the development of their agriculture-related economies could improve the quality of life for Indian peoples living on those reservations. Make the Indian Agriculture Trust Fund Available to All Tribes Require that all funds used in the Indian Agriculture Trust Fund should also be available to tribes in other parts of the country and that a study be performed by USDA to find other similar sources of income to fund such trust fund and report back to Congress as to the findings. The need for such a trust fund is pervasive throughout Indian Country, not just in the Midwest or Missouri River basins and watersheds. USDA and BIA Work Group on Farming and Ranching Require USDA and the BIA to form a permanent working group that examines all aspects of the interface of farms and ranches on tribal lands, and reports annually to both the Secretary of Agriculture and the Secretary of Interior concerning administrative changes that should be made to further the access of tribal governments, tribal producers, and tribal food businesses to all programs and authorities of USDA. Tax Extenders Extend the Indian Employment Tax Credit (26 U.S.C. 45A) and the Accelerated Depreciation Tax Incentive for business property located on Indian reservations (26 U.S.C. 168) because agriculture is increasingly dependent on financing and development tools. Both tax incentives expired at the end of 2012; however, many businesses operating on the reservation rely on these tax credits to help subsidize the cost of materials and workers. While we would like to see these extended, we also feel the accelerated depreciation and Indian employment tax credits are inconsistent, because they continue to be renewed year after year instead of being made permanent, or renewed for a longer duration (four to seven years). This uncertainty makes them unreliable as investment incentives to attract the multi-year large-scale projects they were intended to attract. Making these incentives permanent does not increase costs on an annual basis, and would attract new businesses into Indian Country instead of only benefitting those non-indian businesses already operating on the reservation. For more information, please contact: Colby D. Duren, Policy Director and Staff Attorney, at cduren@uark.edu. This document is strictly for educational purposes only and does not constitute legal advice nor create an attorney/client relationship. Version 1 08/03/17

126 STRATEGIC PLAN FOR FISCAL YEARS

127 Table of Contents LETTER FROM THE SECRETARY 1 MISSION AND ORGANIZATION 3 Mission 3 Vision 3 History 3 STRATEGIC PLAN FRAMEWORK 13 DESCRIPTION OF MISSION AREAS 14 MISSION AREA 1: Conserving Our Land and Water 15 GOAL #1: Utilize science in land, water, species and habitat management supporting decisions and activities 15 GOAL #2 Manage DOI water storage and delivery to resolve conflicts and expand capacity 19 GOAL #3: Foster partnerships to achieve balanced stewardship and use of our public lands 20 GOAL #4: Inform land use planning processes especially for public use and access 22 MISSION AREA 2 Generating Revenue and Utilizing Our Natural Resources 24 GOAL #1 Ensure energy and economic security for America 24 GOAL #2: Ensure access to mineral resources 26 GOAL #3: Ensure public receives fair market value for resources; and recover costs where appropriate 26 GOAL #4: Focus timber programs on healthy forests lifecycle 28 GOAL #5: Manage grazing resources 29 MISSION AREA 3 Expanding Outdoor Recreation and Access 30 GOAL #1: Expand hunting, fishing, and other recreation on DOI lands and waters 30 GOAL #2: Enhance public satisfaction at DOI sites 31 MISSION AREA 4 Fulfilling Our Trust and Insular Responsibilities 32 GOAL #1: Support tribal self-determination, self-governance, and sovereignty 32 GOAL #2: Fulfill fiduciary trust 33 GOAL #3: Strengthen economic and health capacities in the US Territories, and fulfill US compact obligations to the freely associated states 34 MISSION AREA 5 Protecting Our People and the Border 37 GOAL 1: Ensure emergency preparedness & DOI law enforcement staffing addresses public safety risks 37 GOAL 2: Support securing our southern continental US border 38 GOAL #3: Manage wildland fire to reduce risk and improve ecosystem and community resilience 39 GOAL #4: Provide science to safeguard communities from natural hazards 40 MISSION AREA 6 Modernizing Our Organization and Infrastructure for the Next 100 Years 42 Interior FY Strategic Plan Page i

128 GOAL #1: Align DOI organizational structure and workforce to improve partnership engagement and mission delivery 42 GOAL #2: Reduce administrative and regulatory burden 43 GOAL #3: Prioritize DOI infrastructure needs and reduce deferred maintenance backlog 45 APPENDIX A ACRONYMS 48 Interior FY Strategic Plan Page ii

129 LETTER FROM THE SECRETARY The Department of the Interior s Strategic Plan for Fiscal Year is our bold vision for the future under President Donald J. Trump. As the chief stewards of our public lands, it is our job to ensure that these lands continue to be used for the benefit and enjoyment of the people, as the words engraved into the Roosevelt Arch at Yellowstone National Park so proudly proclaim. We will restore the American conservation ethic that built our nation. Among the American traditions that made our country great was a philosophy of multiple-use on our public lands. I am an admirer of President Theodore Roosevelt he had it right. As President Roosevelt once remarked, "It is not what we have that will make us a great nation; it is the way in which we use it." Our public lands are our greatest treasures, and all Americans should be able to experience these treasures. One of my top priorities as Secretary of the Interior is public access to public land. Recognizing that hunting and fishing is an integral part of the American heritage, we must do more to ensure that all Americans can enjoy these sports not just the wealthy elite. Americans should also be proud of their public lands, which is why investing in American infrastructure and addressing the maintenance backlog at our National Parks is critically important. While benefit and enjoyment includes recreation, it also includes traditional uses like grazing and timber harvesting. Our mandate is multiple-use of public lands, and multiple-use also includes the development of natural resources as we seek to leverage American energy for American strength. Americans should have the right to make a living off the land, and one of our most critical responsibilities at Interior is upholding this right. If we are going to preserve our heritage, we must bolster our standing in the world. It is in the economic and national security interest of the United States to pursue a policy of American energy dominance. An America-First energy policy is one which maximizes the use of American resources while freeing us from dependence on foreign oil. American energy dominance requires aggressive regulatory reform. With our strategic plan, the Interior Department has a unique opportunity to cut the burdensome, unnecessary regulations that have suppressed job creation and wealth generation. Regulatory reform also includes reduced permitting times. The Trump Administration will not deregulate or streamline at the expense of environmental standards or worker safety, but we will strike a balance and strive toward regulatory certainty going forward when creating a bureaucratic framework. Interior FY Strategic Plan Page 1

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131 MISSION AND ORGANIZATION Mission The Department of the Interior (DOI) conserves and manages the Nation s natural resources and cultural heritage for the benefit and enjoyment of the American people, provides scientific and other information about natural resources and natural hazards to address societal challenges and create opportunities for the American people, and honors the Nation s trust responsibilities or special commitments to American Indians, Alaska Natives, and affiliated island communities to help them prosper. Vision The Department of the Interior strives to fulfill a vision to: Promote energy dominance and critical minerals development to create jobs for Americans, insulate our nation from volatile political developments overseas, provide additional energy security to allies via surplus domestic supply, and generate revenue for all levels of government so they in turn have the resources to better serve the American people. Increase access to outdoor recreation opportunities for all Americans so that our people can be healthier, more fully enjoy the wonderful features of their federal lands, and take advantage of hunting, fishing, and other outdoor recreation pursuits that are the roots of the conservation movement. Enhance conservation stewardship whereby all levels of government and private landowners work cooperatively together in an atmosphere of mutual respect to achieve shared natural resource management goals across landscapes. Improve management of species and their habitats by focusing our financial and staff resources on improving the status of our nation s fish and wildlife and the healthy habitats that support them, and by streamlining bureaucracy to help us spend relatively more of our funding productively on the ground to better meet societal needs and our own natural resource management responsibilities. Uphold trust and related responsibilities, recognizing the importance of government-togovernment relationships with Indian tribes, Alaska Natives, and insular areas, and respecting self-determination and sovereignty. History The Department of the Interior (DOI) was established in The DOI was charged with managing a wide variety of programs, which included overseeing Indian Affairs, exploring the western wilderness, directing the District of Columbia jail, constructing the National Capital s water system, managing hospitals and universities, improving historic western emigrant routes, marking boundaries, issuing patents, conducting the census, and researching the geological resources of the United States. As the country matured during the last half of the 19 th Century, so did the DOI and its mission began to evolve as some of these functions moved to other agencies at the same time the DOI acquired new responsibilities. With information from Robert Utley and Barry Mackintosh, The Department of Everything Else: Highlights of Interior History, 1988, pp Interior FY Strategic Plan Page 3

132 Surface Lands Managed by the Department of the Interior USGS Map, Oct 2014 (except for US Territories that are identified on next graphic) Following Theodore Roosevelt s conservation summit and the awakening of the conservation movement at the beginning of the 20 th Century, there was an increasing urgency and expanding congressional mandate to protect and more effectively manage the nation s natural resources. In 1905, management of the federal forests changed from the Department of the Interior to the United States Forest Service within the Department of Agriculture. Its Chief, Gifford Pinchot, introduced better forestry methods. Pinchot sought to turn public land policy from one that disposed of resources to private parties, to one that maintained federal ownership and management of public land. Pinchot argued that scientific management of forests and natural resources was profitable. He generally opposed preservation for the sake of preservation. During the 1960 s and 1970 s the DOI s authorizing statutes shifted to put more emphasis on the preservation, management, and use of public lands and natural and cultural resources. Today, the DOI manages the Nation s public lands and minerals, including providing access to more than 480 million acres of public lands, 700 million acres of subsurface minerals, and 1.7 billion acres of the Outer Continental Shelf. The DOI is the steward of 20 percent of the Nation s lands, including national parks, national wildlife refuges, and other public lands; manages resources that supply 30 percent of the Nation s energy; supplies and manages water in the 17 Western States and supplies 15 percent of the Nation s hydropower energy; and upholds Federal trust responsibilities to 573 federally recognized Indian tribes and Alaska Native villages. The DOI is responsible for migratory bird and wildlife conservation, historic preservation, endangered species conservation, surfacemined lands protection and restoration, mapping, geological, hydrological, and biological science Interior FY Strategic Plan Page 4

133 for the Nation, and financial and technical assistance for the insular areas (many of which are depicted in the following graphic). United States Continental Shelf Boundary Areas National Geophysical Data Center, Sep 2001 The DOI s programs encompassed in this Strategic Plan cover a broad spectrum of activities that are performed by 10 bureaus and multiple offices and are captured in the following presentation of each entity s unique mission and set of responsibilities. The Strategic Plan s six mission areas capture the vitality, inventiveness, and potential of the bureaus and offices and the DOI s 70,000 dedicated and skilled employees. Along with our hardworking and skilled employees, over 350,000 much appreciated volunteers annually contribute their time in support of bureau and office missions, bringing unique local knowledge to park operations, assisting in recovery from natural disasters, and participating in environmental education, among other activities. We cannot effectively address all our responsibilities alone, so it is critical to strengthen partnerships with our sister federal agencies with related missions. In the federal family, we share forest, minerals, rangeland, and wildland fire management responsibilities with the US Department of Agriculture s Forest Service. We share water resource management and hydroelectric power generation responsibilities with the US Army Corps of Engineers, and we share fishery and endangered species management responsibilities with the Department of Commerce s National Marine Fisheries Service. In some ways, our relationships with state, tribal, and local government are even more important. We operate within the bounds of state water law, and respect state authority over resident wildlife. We deal with tribal governments on a government to government basis, respecting each other s authority and jurisdiction. We share land use planning responsibilities with local government, so we must make our own land management plans in a way that is mindful of the goals and plans of those local government neighbors. Interior FY Strategic Plan Page 5

134 US Department of the Interior Organization Chart SECRETARY DEPUTY SECRETARY ASSISTANT SECRETARY Policy, Management, and Budget and Chief Financial Officer Solicitor Director, Office of Civil Rights Inspector General Chief Information Officer Special Trustee for Amercian Indians Director Office of Small and Disadvantaged Business Utilization ASSISTANT SECRETARY Fish and Wildlife and Parks ASSISTANT SECRETARY Indian Affairs ASSISTANT SECRETARY Land and Minerals Management ASSISTANT SECRETARY Water and Science ASSISTANT SECRETARY Insular and International Affairs National Park Service Bureau of Indian Affairs Bureau of Land Management U.S. Geological Survey Office of Insular Affairs U.S. Fish and Wildlife Service Bureau of Indian Education Office of Surface Mining Reclamation and Enforcement Bureau of Reclamation Office of International Affairs Bureau of Ocean Energy Management Bureau of Safety and Environmental Enforcement Interior FY Strategic Plan Page 6

135 Bureau and Office Summaries Bureau of Land Management (BLM) Manages public lands for the benefit of all Americans under the dual framework of multiple use and sustained yield on nearly 250 million surface acres, as well as 700 million acres of subsurface mineral estate. Priorities include: Making full use of the Nation s domestic energy and mineral sources, including conventional and renewable energy sources; Serving American families by providing outdoor recreation opportunities that are key to the Nation s heritage and its economy; and Managing working landscapes to support sustainable livestock grazing operations; and timber and biomass production. Developing and maintaining strong partnerships with State, local, and private stakeholders in shared conservation stewardship. Office of Surface Mining Reclamation and Enforcement (OSMRE) Protects the environment during coal mining through Federal programs, grants to states and Tribes, and oversight activities. Ensures the land is reclaimed afterwards. Mitigates the effects of past mining by pursuing reclamation of abandoned coal mine lands. Bureau of Ocean Energy Management (BOEM) Manages access to renewable and conventional energy resources of the Outer Continental Shelf (OCS); Administers nearly 3,000 active fluid mineral leases on over 16 million OCS acres; Oversees 4 percent of the natural gas and 18 percent of the oil produced domestically; and Oversees lease and grant issuance for off shore renewable energy projects. Manages leasing for marine mineral resources such as sand to facilitate beach replenishment and coastal nourishment projects. U.S. Geological Survey (USGS) Produces information to increase understanding of natural hazards such as earthquakes, volcanoes, and landslides. Conducts research and delivers assessments on oil, gas, and alternative energy potential, production, consumption, and environmental effects. Conducts reliable scientific research in land resources, mineral assessments, and water resources to inform effective decision making and planning. Provides science information that supports natural resource decisions. Produces topographic, geologic, hydrographic, and biogeographic data and maps. Interior FY Strategic Plan Page 7

136 Bureau of Safety and Environmental Enforcement (BSEE) Fosters secure and reliable energy production from the 1.7 billion acre U.S. Outer Continental Shelf (OCS) for America s energy future. Conducts inspections, permitting, incident and equipment failure analysis, oil spill preparedness and enforcement programs aimed at promoting a culture of safety and reducing risk to those who work offshore. Supports the technical expertise to engage opportunities and to meet challenges to tap the full potential of OCS energy resources. Bureau of Reclamation (BOR) Manages, develops, and protects water and related resources in an environmentally and economically sound manner in the interest of the American public. Largest wholesale supplier of water in the Nation Manages 492 dams and 338 reservoirs. Delivers water to 1 in every 5 western farmers and more than 31 million people. America s second largest producer of hydroelectric power. Fish and Wildlife Service (FWS) Manages the lands and waters of the 855 million-acre National Wildlife Refuge System, primarily for the benefit of fish and wildlife. Manages 73 fish hatcheries and other related facilities for endangered species recovery and to restore native fisheries. Protects and conserves: Migratory birds; Threatened and endangered species; and Certain marine mammals. Hosts about 48 million visitors annually at more than 560 refuges located in all 50 states and 38 wetland management districts. Indian Affairs (IA) Fulfills Indian trust responsibilities. Promotes self-determination on behalf of 573 federally recognized Indian Tribes. Funds self-governance compacts and self-determination contracts to support all Federal programs including education, law enforcement, and social service programs that are delivered by Tribal Nations. Supports 183 elementary and secondary schools and dormitories, providing educational services to approximately 48,000 students in 23 states. Supports 32 community colleges, universities, postsecondary schools, and technical colleges. Note: IA includes the Bureau of Indian Affairs (BIA) and the Bureau of Indian Education (BIE) Interior FY Strategic Plan Page 8

137 National Park Service (NPS) Maintains and manages a system of 417 natural, cultural, and recreational sites for the benefit and enjoyment of the American people. Manages and protects over 27,000 historic and prehistoric structures, nearly 44 million acres of designated wilderness, and a wide range of museum collections and cultural and natural landscapes. Provides outdoor recreation to nearly 324 million visitors at national park units. Provides technical assistance and support to state, tribal and local natural and cultural resource sites and programs, and fulfills responsibilities under the National Historic Preservation Act of Departmental Offices Immediate Office of the Secretary, Deputy Secretary, and Assistant Secretaries Office of the Solicitor Policy, Management and Budget provides leadership and support for the following: Budget, Finance, Performance and Acquisition; Public Safety, Resource Protection, and Emergency Services; Natural Resources Revenue Management; Human Capital and Diversity; Technology, Information and Business Services; Policy and Environmental Management Office of Inspector General Office of the Special Trustee for American Indians Insular and International Affairs Coordinates federal policy for the territories of American Samoa, Guam, the U.S. Virgin Islands and the Commonwealth of the Northern Mariana Islands. Oversees the Department s involvement with oceans policy Manages the Department s involvement in international affairs Responsible for administering and overseeing U.S. federal assistance to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau under the Compacts of Free Association, as well as providing technical and financial assistance to all the Insular Areas. Note: Includes Office of Insular Affairs and Office of International Affairs Interior FY Strategic Plan Page 9