DOI Self Governance Orientation Negotiations

Negotiation Overview President’s State of the Union – Feb BIA Green Book Published – Mar Draft Negotiation Guidance – April Final Negotiation Guidance issued – May OSG Negotiator contacts Tribe

Negotiation Overview Tribe requests negotiations begin Face-to-Face negotiations upon Tribal request Tribe can request pre-negotiation meeting, if necessary Subsequent meetings held, if necessary

Negotiation Teams Federal Team Tribal Team OSG Negotiator - Lead negotiator for the Assistant Secretary – Indian Affairs BIA Regional Director - Lead negotiator for BIA programs BIA Regional Director - Responsible for coordinating with and notifying pertinent BIA program offices Tribal Team Tribal lead negotiator as designated by tribe Team membership designated by tribe Governing body Administrator Legal Finance Program

Negotiation Process Negotiations must address: Specific intentions of the Tribe (programs to be included) Legal or program issues identified as concerns by the BIA or Tribe Options for negotiating programs and related budget amounts Dates for conducting and concluding negotiations Protocols for conducting negotiations Who will prepare an initial draft of the Compact/Funding Agreement

DOI Self Governance Orientation What Exactly is Negotiated?

Self Governance Compact A compact should generally include: The authority and purpose Terms, provisions, and conditions of the compact Obligations of the Tribe and United States Other provisions

Annual Funding Agreement (AFA) AFAs are legally binding and mutually enforceable written agreements negotiated and entered into annually between a self- governance Tribe/Consortium and the BIA.

Annual Funding Agreements (AFAs) The AFA must specify the programs that are included It must also specify the applicable funding: Retained by the BIA for “inherently federal functions” identified as “BIA residuals” To be transferred to the Tribe/Consortium Retained by the BIA to carry out functions that the Tribe/Consortium could have assumed but elected to leave with the BIA (“Retained Tribal Share”)

Multi-Year Agreement (MFA) At the option of the Tribe/Consortium, and subject to the availability of Congressional appropriations, a FA may exceed one year (“Multi-year Funding Agreement” or MFA)

Reprogramming Request Worksheet Key financial document to be completed at negotiations Specifies funding amounts Specifies the sources of funding to be transferred Footnotes identify unique factors concerning programs and/or amounts

Worksheets / Reprogramming Requests / Funding Agreement Online

DOI Self Governance Orientation What Resources are Available for SG Negotiations?

Federal Law… Statutes Snyder Act Johnson O’Malley Act Indian Self Determination and Education Assistance Act (P.L. 93-638, as amended) Title I – (25 USC 5301 et seq) Title IV – (25 USC 5361)

…and Regulations 25 CFR Part 1000 Subpart E for BIA Programs Subpart G – Negotiation Process for AFAs Subpart Q (Miscellaneous) Appendix A – Model Compact

OSG Negotiation Guidance to Federal Negotiators March - President’s Budget Request (Green Book) published - Draft circulated to feds April - Draft released for Tribal comment - SG Annual Conference May - Final version

OSG Negotiation Guidance to Federal Negotiators Programs Requiring Special Attention Trust Programs Contract Support Transportation Program Law Enforcement

OSG Negotiation Guidance to Federal Negotiators Attachments to Final Guidance: Process Checklist Anticipated Data Calls Model AFA Model Addenda: Tribal Transportation Program, Appraisals Services, Beneficiary Processes Program

Green Book (President’s BIA Budget Request to Congress) Organization Charts, Maps Executive Summary Tribal Priorities Program Changes Summary Tables BIA Programs Budget Tables Program Overview (program descriptions)

Green Book (President’s BIA Budget Request to Congress) Appendices: Justice Services bases Tribal Priority Allocation (TPA) tables Bureau Regional Allocations Self Governance Compact Participation Self Governance Compact by Tribe/Consortium (SG Tribes’ Base funding) Consolidated Tribal Government Program

Timelines Complete Funding Agreement negotiations: Fiscal year FAs by June 30 Calendar year FAs by October 1

Who is my OSG negotiator? Matt or Gordon Alaska Northwest Pacific Rocky Mountain Western Ken or Vickie Eastern Eastern Oklahoma Midwest Southern Plains Southwest