OSG & BIA PARTNERS IN ACTION WHEN IMPLEMENTING TRIBAL SELF-GOVERNANCE Office of Self-Governance June 24, 2016

TOPICS TO BE DISCUSSED Background Information (Self-Governance Tribe Locations, Self-Governance Statistics, BIA Locations, BIA Operation of Indian Programs Statistics, and Organization of Indian Affairs) Office of Self-Governance Roles Bureau of Indian Affairs Roles Different Flows of Operations Under Tribal Self-Governance and 638 Contracting Conclusions

SELF-GOVERNANCE TRIBE LOCATIONS

SELF-GOVERNANCE STATISTICS

SELF-GOVERNANCE STATISTICS Participation 2014 2015 2016 Number of annual and multi-year self-governance funding agreements 111 115 116 Number of Tribes covered under annual and multi-year self-governance funding agreements 259 263 264 Obligations ($000) awarded under annual and multi-year self-governance funding agreements 417,561 425,000 Estimated 426,000 Office of Self-Governance Funding ($000) 1,500 Office of Self-Governance Full Time Equivalents (FTE) 11 11 Estimated

BIA LOCATIONS

BIA OPERATION OF INDIAN PROGRAMS STATISTICS ($000) 2014 Enacted: 1,590,009 (2,946 FTE) 2015 Enacted: 1,618,705 (3,164 FTE) 2016 President’s Budget Request: 1,756,127 (3,252 FTE) TPA: 928,216 CENTRAL: 89,326 REGIONAL: 63,509 OTHER PROGRAMS/PROJECTS: 675,076

OFFICE OF SELF-GOVERNANCE ROLES Select Tribes to begin participation in Tribal Self-Governance Serve Indian Communities by implementing Tribal Self-Governance (including the development and implementation of regulations, policies, and guidance in support of Self-Governance initiatives) Administer Government-to-Government relationships with Self-Governance Tribes

OFFICE OF SELF-GOVERNANCE ROLES Transfer Federal funding and program authorities to Tribes in accordance with Tribal Self-Governance statutes, regulations, and policies Negotiate Self-Governance Funding Agreements (FAs) Work with Self-Governance Tribes and BIA to implement and resolve any issues that arise

OFFICE OF SELF-GOVERNANCE ROLES Provide financial management, budgeting, accounting, and contracting services associated with the reprogramming and transfer of funds from BIA programs and other Federal programs allocated or awarded to Self-Governance Tribes Work with Tribes, the Secretary’s Office of Internal Evaluation and Assessment, and DOI Business Center to review and close all outstanding A-133 audits for Self-Governance Tribes

Office of Self-Governance Roles Collect contract support, welfare assistance, and other program information from Self-Governance Tribes Prepare and submit an annual report to Congress on the costs and benefits of Tribal Self-Governance Review and develop proposed legislation and implementing regulations related to Self-Governance Tribes

OFFICE OF SELF-GOVERNANCE ROLES Publish an annual list of non-BIA bureau programs eligible to be included in Self-Governance Funding Agreements Coordinate with non-BIA bureaus on policy and issues of mutual concern Process requests to waive BIA regulations Approve requests to transfer excess property to Self-Governance Tribes

BUREAU OF INDIAN AFFAIRS ROLES BIA Regional Director: Within 15 calendar days of receiving a letter of interest from a Tribe newly accepted to begin participation in Tribal Self-Governance, identify the person responsible for responding to the Tribal request for information BIA Representative: Act in good faith in fulfilling his/her responsibilities in responding to the Tribe’s requests for information and holding meetings leading to negotiations

BUREAU OF INDIAN AFFAIRS ROLES BIA Regional Director: Serve as BIA Self-Governance Negotiator for BIA Programs, Services, Functions, and Activities (PSFAs) pursuant to guidance issued by BIA Director for non-base programs BIA Regional Director: Coordinate with and notify appropriate BIA Program offices regarding dates and locations of negotiations to support the timely completion of negotiations

BUREAU OF INDIAN AFFAIRS ROLES BIA Regional Director: Provide budget information, including tribal shares, for Tribes negotiating their first Self-Governance FA, and other Self-Governance Tribes as appropriate BIA Central Office and Regional Office: Except as otherwise provided by law, interpret each federal law and regulation in a manner that will facilitate the inclusion of the PSFAs into the Self-Governance FA

BUREAU OF INDIAN AFFAIRS ROLE BIA Central Office and Regional Office: Recognize that BIA is required to provide funds to a Self-Governance Tribe under its FA in an amount equal to the amount it would have been eligible to receive under contracts and grants under P.L. 93-638, as amended BIA Regional Office: Recognize that funds for trust services to individual Indians shall be available under a Self-Governance FA only to the extent that the same services that would have been provided by the Secretary are provided to individual Indians by the Self-Governance Tribe

BUREAU OF INDIAN AFFAIRS ROLES BIA Regional Self-Governance Coordinator: Review negotiated documents and provide a quality control check for any errors before submitting for Federal signature BIA Regional Director: Take corrective action when errors in calculation or other mistakes are made BIA Director and Regional Director: Surname the Federal Final Report Form after the negotiation of Self-Governance FAs and Amendments

BUREAU OF INDIAN AFFAIRS ROLES BIA Region: Grant access to DOI automated trust information technology systems to Tribal employees, including those from Self-Governance Tribes, only after they complete BIA trust automated technology systems training, the costs of which are met by BIA

BUREAU OF INDIAN AFFAIRS ROLES BIA Region: Grant access to DOI automated information technology systems and DOI Trust Records in any electronic data or hardcopy format to employees of Tribes and employees of their contractors after they are favorably screened, a final favorable suitability determination is issued by the BIA Personnel and Physical Security Office [pursuant to OMB Circular No. A-130 and DM 441], and they successfully go through a Personal Identity Verification process [pursuant to Homeland Security Presidential Directive 12 (HSPD-12)], the costs of which are met by the BIA

BUREAU OF INDIAN AFFAIRS ROLES BIA Regional Office: Submit a signed Self-Governance FA to each Indian Tribe served by the BIA Agency that is serving the Tribe that is a party to the FA BIA Regional Contracting Officer: Do not enter into a 638 Contract for the same PSFAs being operated under the Self-Governance Tribe’s FA BIA Regional Director: Recognize that Self-Governance Tribes are not required to abide by Federal program guidelines, manuals, and policy directives, except for those it specifically agrees to

BUREAU OF INDIAN AFFAIRS ROLES BIA Central Office and Regional Office: Recognize that nothing in Tribal Self-Governance is to be construed to diminish the federal trust responsibility to Indian Tribes, individual Indians, or Indians with trust allotments BIA Regional Director: As the Delegated Trust Official under Tribal Self-Governance, meet the trust responsibility of the United States with respect to Indian Tribes and individual Indians that exists under treaties, Executive Orders, and other laws

BUREAU OF INDIAN AFFAIRS ROLES BIA Regional Office: Recognize the authority of Self-Governance Tribes to redesign or consolidate PSFAs and reallocate funds for such PSFAs BIA Regional Office: Recognize that there is no requirement for monitoring under Tribal Self-Governance BIA Regional Office: Understand that Self-Governance Tribes must follow statutes and Self-Governance regulations unless waived and waiver requests must be approved if not prohibited by law

BUREAU OF INDIAN AFFAIRS ROLES BIA Region: Operate PSFAs that are retroceded by Self-Governance Tribes in accordance with their Self-Governance FA BIA Region: Reassume PSFAs if there is a finding of imminent jeopardy to a physical trust asset, natural resources, or public health and safety

BUREAU OF INDIAN AFFAIRS ROLES BIA Region: Collect 638 Pay Cost information from all Tribes in their Region, including Self-Governance Tribes BIA Region GPRA Coordinator: Collect GPRA data from Self-Governance Tribes

BUREAU OF INDIAN AFFAIRS ROLES BIA Central Office and Regional Office: Recognize that all funds provided under a Self-Governance FA are required to be treated as non-federal funds for purposes of meeting matching requirements under any other federal law BIA Regional Office: Recognize that a Self-Governance Tribe may acquire excess property on the same basis as other Tribes to support the PSFAs under its Self-Governance FA

BUREAU OF INDIAN AFFAIRS ROLES BIA Central Office and Regional Office: Develop the President’s BIA Budget for all Tribes, including Self-Governance Tribes BIA Regional Director: Invite all Tribes, including Self-Governance Tribes to participate in BIA Regional Budget meetings BIA Regional Director: Serve as Regional Representatives at quarterly Tribal Interior Budget Committee (TIBC) meetings, represent all Tribes from their Region, receive quarterly budget updates, and share budget and related information with all Regional Tribes, including Self-Governance Tribes

BUREAU OF INDIAN AFFAIRS ROLES TRANSFER OF FUNDS BIA Central Office and Regional Office: Transfer funds in BIA Budget Accounts to a Self-Governance Tribe pursuant to its Self-Governance FA BIA Central Office and Regional Office: Treat Self-Governance Tribes, other Tribes, and BIA agencies similarly when awarding non-recurring funds from BIA Budget Accounts

BUREAU OF INDIAN AFFAIRS ROLES EQUAL TREATMENT BIA Central Office and Regional Office: When the Assistant Secretary – Indian Affairs or other delegated official makes a decision that additional funds are available, advise Self-Governance Tribes of the available funding for such PSFAs on the same basis as other Tribes BIA Central Office and Regional Office: Provide inherently federal functions (IFFs) to Self-Governance Tribes on the same basis as other Tribes

FLOW OF OPERATIONS UNDER TRIBAL SELF-GOVERNANCE Under the authority of Title IV of P.L. 93-638, as amended, the Tribe negotiates a Self-Governance Funding Agreement with BIA and OSG Negotiators Under the FA, the Tribe has broad authority to consolidate and redesign PSFAs, as well as reallocate funds Tribal Program Managers report to the Tribal Council on their PSFA operations The Tribal Council reports to and receives feedback from Tribal Communities 4/1/2015 OPERATIONS OF SELF-GOVERNANCE TRIBES

FLOW OF OPERATIONS UNDER 638 CONTRACTING Under the authority of Title I of P.L. 93-638, as amended, the Tribe negotiates a 638 Contract with a BIA Contracting Officer (CO) in the BIA Region The 638 Contract includes a scope of work for the PSFAs to be performed by the Tribe PSFA performance is monitored by BIA program staff annually The BIA CO informs the Tribe of monitoring results The Tribe reviews results and provides feedback to the BIA CO

CONCLUSIONS There are significant differences between the authorities and operational flows under Tribal Self-Governance and P.L. 93-638 Contracting It is important to apply the appropriate roles to these vastly different service delivery mechanisms Ongoing communication and training for existing and new OSG and BIA Regional staff are needed to successfully support OSG & BIA Partners In Action when implementing Tribal Self-Governance

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