1. DOI Self Governance Orientation
Negotiations

2. 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

3. 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

4. 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

5. 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

6. DOI Self Governance Orientation
What Exactly is Negotiated?

7. 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

8. 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.

9. 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”)

10. 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)

11. 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

12. Worksheets / Reprogramming Requests / Funding Agreement Online

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

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

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

16. 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

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

18. 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

19. 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)

20. 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

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

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