1 / 22

DOI Self Governance Orientation

Learn about DOI Self Governance orientation, negotiations, and the role of President’s BIA Green Book. Understand the negotiation process, negotiation teams, and resources available for Self-Governance negotiations. Explore the Federal Laws and Regulations pertinent to negotiations and special attention programs requiring focus. Gain insight into the OSG Negotiation Guidance and its attachments, along with the Green Book contents. Get key information on finalized negotiation protocols and team contact details.

tpalmer
Download Presentation

DOI Self Governance Orientation

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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 Tribal Team • Tribal lead negotiator as designated by tribe • Team membership designated by tribe • Governing body • Administrator • Legal • Finance • Program Federal 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

  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 • Datesfor conducting and concluding negotiations • Protocolsfor 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. 93-638, 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 Changes • 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? Ken or Vickie • Eastern • Eastern Oklahoma • Midwest • Southern Plains • Southwest Matt or Gordon Alaska Northwest Pacific Rocky Mountain Western

More Related