Office of Self Governance Update – October 2017

John Tahsuda, Principal Deputy Assistant Secretary – Indian Affairs (PDAS) Mr. Tahsuda worked for the Senate Committee on Indian Affairs under Sen. John McCain (R-Arizona) and retired Sen. Ben Nighthorse Campbell (R-Colorado) between 2002 and 2007. Since 2007, Mr. Tahsuda has led the Tribal Affairs practice at Navigators Global. Member of the Kiowa Tribe.

Bryan Rice, Director – Bureau of Indian Affairs Member of the Cherokee Nation Director Rice recently led the Interior Department's Office of Wildland Fire and has spent 20 years in the federal government.

Farewell and Best Wishes to Tyler Scribner Former Management Analyst – Office of Self Governance, Central Office. Tyler will be joining the Office of Budget and Performance Management.

OSG Office Manager Position The Office of Self Governance (OSG) is requesting suggestions on possible candidates to fill the position of OSG Office Manager GS 7/9. An announcement on USAJOBS.gov will be released soon. Interested candidates should contact the Director of OSG as soon as possible.

OSG 2017 Internal Budget Money was added to the OSG 2017 Internal Budget on July 14, 2017, to allow us to meet payroll and travel for 2018 Self-Governance Funding Agreement Negotiations. The OSG 2017 enacted budget totaled $1.38M and another $873,000 in carryover was provided to support basic program needs, as a temporary fix, for a total of $2.253M, supporting 14 positions.

Proposed 2018 Internal Budget Reduction for OSG The 2018 Greenbook proposes the elimination of four positions in the Office of Self Governance, for a cost savings of $520,000. $1,380,000 (OSG’s 2017 enacted amount) - $520,000 (Proposed OSG Internal Budget Reduction) = $860,000 (Proposed Internal Budget for FY 2018 – equals an elimination of an estimated 10 positions)

OSG Office Move to Main Interior Building OSG has completed its Headquarters relocation to the Main Interior Building. The new OSG Headquarters address is: Office of Self Governance U.S. DOI – Indian Affairs 1849 C Street, NW, Mail Stop: MIB-2071 Washington, DC 20240 Please visit the OSG Headquarters office by entering on the E Street side of the Main Interior Building.

Office of Self Governance – Distributions To date, OSG has received approximately $476,164,474 in FY 2017 funding for distribution.

OSG Distributions - FY 2017 - To Date Program Description Amount to-date Child Care Development Fund Discretionary $16,593,886 Community Services Block Grant $471,374 Mandatory $11,423,852 Temporary Assistance for Needy Families/Native Employment Works $17,489,052 Department of Labor $8,029,201 Operation of Indian Programs 2-year $271,050,661* Reimbursables – Great Lakes $2,574,759 Contract Support Costs $98,919,330* Office of the Special Trustee Appraisals/Trust Fund Improvement Project $694,862 Department of Transportation Emergency Relief Program $150,000 ​

OSG Distributions - FY 2017 - To Date (Cont.) Program Description Amount to-date Department of the Interior Wildland Fire $6,880,793 Office of the Secretary Natural Resource Damage Assessment $62,359 Operation of Indian Programs Annual $3,534,704 Construction $7,224,003 Settlement and Misc. Payments $10,825,000 Department of Transportation $20,240,637 TOTAL $476,164,474 ​ * Funding is still being distributed to Tribes.

Contract Support Cost (CSC) 2017 Distributions CSC Total, to date: $ 93,843,626

Contract Support Cost (CSC) 2016 Update FY 2016 total: $98,251,943 FY 2016 Overpayments as of September 30, 2017: $214,460 (0.2%)(4 Tribes)

Contract Support Cost (CSC) 2017 Data Call due August 1, 2017 In a Dear Tribal Leader Letter dated April 14, 2017, all Self-Governance Tribes were requested to submit information necessary to calculate the Tribe’s CSC need no later than August 1, 2017. 64 of 116 or 55% of Tribes responded to the letter and received payment during September. We continue to reach out to the 52 Tribes that did not respond.

Office of the Special Trustee – Suggested Changes to Self-Governance Agreements The Office of the Special Trustee for American Indians (OST) has suggested highly specific language be included in Self-Governance Funding Agreements for Trust-related Programs, Services, Functions, or Activities (PSFAs). OST also wants the Office of Self Governance to include language about Trust Evaluations and imminent Jeopardy provisions in all Self-Governance Funding Agreements, while also included now in Self-Governance Compacts.

Office of the Special Trustee – Suggested Changes to Self-Governance Agreements “Trust evaluation reassumption. Pursuant to Section 403(d) of Title IV of P.L. 93-638, as amended, the Secretary shall monitor through annual trust evaluations the trust functions performed by the Tribe pursuant to a [Funding Agreement] in accordance with 25 CFR Subpart O. Further, the Secretary may reassume any PSFAs, or portions thereof, if there is a finding of imminent jeopardy to a physical trust asset, natural resource, or to public health and safety in accordance with 25 CFR 1000 Subpart M.”

ANNOUNCEMENTS

Indian Trader Regulations Comments on the need to update the “Licensed Indian Traders” regulations currently found at 25 C.F.R. Part 140 are due October 30, to consultation@bia.gov  Indian Affairs is particularly interested in Tribes' input on: Specific projects that your Tribe or Tribal organization cannot initiate or approve under existing regulatory requirements, but which you believe could move forward if new regulations gave Tribes greater economic flexibility. Any economic impact studies on the benefits of Indian Country economic development to surrounding communities. Specific treaty provisions that require the United States to protect tribal economic interests.

Indian Trader Regulations – Cont. For each project identified by the Tribe in part 1, from the previous slide, please include: The industry sector; details regarding Indian Country capital investment under the project; details regarding the annual revenue associated with the project; the number of jobs that could be created under the project; and any specific impediment preventing forward progress on the project.

U.S. Dept. of Justice expanding the Tribal Access Program (TAP) in FY 2018 After listening sessions and Opioid Awareness Outreach meetings in August, the Department of Justice (DOJ) has committed to expanding its Tribal Access Program (TAP) to combat violent and non-violent crime throughout Indian country. DOJ’s Office of Justice Programs Diagnostics Center, a training and technical assistance resource, is expanding its presence in Indian country and provides customized assistance on public safety issues, only at the request of interested Tribes. For more information, visit www.ojpdiagnosticcenter.org.

UNM Symposium: 50 Years of the Indian Civil Rights Act On March 8-9, 2018, the University of New Mexico’s Law and Indigenous Peoples Program and the Tribal Law Journal will be jointly hosting a two-day symposium regarding the protection and denial of the civil rights of Native Americans. This symposium will take place at the Isleta Resort & Casino in Albuquerque, New Mexico. For registration and event details, please contact vigil@law.unm.edu (505) 277-0405.

National Parks Service: Agreements for Plant Gathering in National Parks Plant Gathering regulations at 36 CFR § 2.6 allow the National Park Service (NPS) to negotiate agreements with federally recognized Tribes for the gathering of plants or plant parts from National Parks. The negotiation process is initiated when a Tribal government submits a written request to the NPS Superintendent. Plant Gathering Regulation: https://federalregister.gov/a/2016-16434 Plant Gathering Information on NPS Website: https://www.nps.gov/tribes

Tribal Crime Data Collection Activities - 2017 The Tribal Law and Order Act (TLOA) requires the Bureau of Justice Statistics (BJS) to conduct crime data collection activities and report to Congress on an annual basis. A consolidated technical report of Tribal crime data collection activities in 2017 has been released, and may be reviewed by visiting the following link: https://www.bjs.gov/content/pub/pdf/tcdca17.pdf

U.S. Dept. of Justice Upcoming Tribal Consultation and Listening Sessions The U.S. Department of Justice (DOJ) will hold listening and consultation sessions to receive Tribal comments on DOJ’s 7% Tribal set-aside funding, as authorized by the Consolidated Appropriations Act, 2017. Further details will follow as a Dear Tribal Leader Letter. Listening Session #1: Milkwaukee, WI Wednesday, October 18, 2017, 1:30 – 4:00 pm Listening Session #2: Agua Caliente Band of Cahuilla Indians Reservation, CA Wednesday, December 6, 2017, Time TBD

U.S. Dept. Of Justice Upcoming Tribal Consultation and Listening Sessions – Cont. Consultation Session: National Congress of American Indians Executive Council Winter Session, on Thursday, February 15, 2018, 9:30 am – 12:00 pm Capital Hilton Hotel 1001 16th Street, NW, Washington, DC 20036 Questions should be directed to: Eugenia “Gena” Tyner-Dawson, Senior Advisor for Tribal Affairs and Justice Program Council on Native American Affairs, Bureau of Justice Assistance, Office of Justice Programs Eugenia.Tyner-Dawson@usdoj.gov 202-353-3442

BIA Consultation and Listening Sessions on Fee-to-Trust Regulations The Department of the Interior (DOI) is considering revisions to 25 CFR §§ 151.11 and 151.12 that will reduce the burden on Tribal applicants for off-reservation trust acquisitions. A listening session was held at the National Congress of American Indians’ Annual Convention in Milwaukee, WI on Monday, October 16, 2017, at 9:00 am. Scheduled Consultation Sessions: Tuesday, November 14, 2017, Seattle WA Thursday, November 16, 2017, Sacramento, CA Wednesday, November 29, 2017, Phoenix, AZ

Self-Governance Tribes 2017 FASSR DEADLINES for Self-Governance Tribes The 2017 Financial Assistance and Social Services Reports (FASSR) are due to Ken Reinfeld, Office of Self Governance, on or before October 30, 2017, for Tribes operating their Self-Governance Funding Agreement on a Fiscal Year (October 1 – September 30). Self-Governance Tribes operating their Self-Governance Funding Agreements on a Calendar Year (January 1 – December 31) should submit their FASSR to Ken Reinfeld no later than January 31, 2017. The FASSR forms can be downloaded from the BIA website at: https://www.bia.gov/policy-forms/online-forms

2020 Budget Formulation Process On October 11 and 12, 2017, the Department of the Interior hosted 2020 Budget formulation kick off meetings that were open to all Tribes to participate. The 2020 Budget Formulation Process is an ongoing activity. The surveys are PDF documents that have fillable boxes and drop down menus listing programs. The survey and associated documents can all be accessed on the Self-Governance Database. For questions regarding the 2020 Budget Formulation Process, please contact your Regional Office budget point of contact.

Internship Opportunities Native American Political Leadership Program (NAPLP) https://semesterinwashington.gwu.edu/naplp INSPIRE Internship Program for high school Juniors, Seniors, and recently graduated Seniors. https://inspire.naplp.gwu.edu/ The Washington Center http://www.twc.edu/

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