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BUDGET AND NEGOTIATION PROCESS. Bureau of Indian Affairs 93-638 as Amended and 25 CFR Part 1000 May 2, 2010. Citizen Potawatomi Nation: BIA Self-Governance Since 1999. Tribal Membership = 28,000 Service Population = 35,000 Former Reservation = 900 Sq. Miles

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budget and negotiation process

BUDGET ANDNEGOTIATION PROCESS

Bureau of Indian Affairs

93-638 as Amended and

25 CFR Part 1000

May 2, 2010

citizen potawatomi nation bia self governance since 1999
Citizen Potawatomi Nation:BIA Self-Governance Since 1999
  • Tribal Membership = 28,000
  • Service Population = 35,000
  • Former Reservation = 900 Sq. Miles
  • Trust Property = 5,300 acres
citizen potawatomi nation bia programs
Citizen Potawatomi Nation BIA Programs
  • Indian Child Welfare
  • Realty/Land Ops/Probate
  • Tribal Rolls
  • Tribal Courts
  • Law Enforcement
  • Indian Reservation Roads
  • 477 Program combine BIA/DOL/DHHS funding under one plan for Employment and Training.
  • Scholarships
    • Adult Vocational Training
    • Social Services
    • Welfare Assistance
  • NAGPRA/Historic Preservation/Language/Museum
bureau of indian affairs title iv
Bureau of Indian AffairsTitle IV
  • Successfully Complete Planning Phase—Planning Grant
    • Identification of Programs
    • Legal and Budgetary Research
    • Internal Organizational Preparation
    • Submit Resolution Requesting Self-Gov. Participation
    • Demonstrate Financial Stability/Financial Mgt.
self goverance documents
Self-Goverance Documents
  • Compact-General terms of gov to gov relationship
  • Funding Agreement- (Annual or Multi-Year) Identifies programs, services, functions, activities
  • Reprogramming Request w/footnotes—Line item funding serves as “obligating” document
  • Memorialization of Disputes—Unresolved issues
  • IRR Addendum—Roads specific details
  • Appraisal MOU—Negotiated with OST
  • Ammendments– example lease compliance funds
negotiation guidance for bia programs
Negotiation Guidance for BIA Programs
  • Provided each year by the Office of Self-Governance
  • Some programs requiring special attention:
    • Trust Programs (Security, Systems, and Records)
    • CSC, WA, IRR and Road Maintenance
    • Indian Employment and Training—477
    • Law Enforcement and Appraisals
    • List of Footnotes
  • Attachments
    • Negotiation Checklist, Contacts, and Reports
    • Model AFA and OST MOU Template (Appraisals & IIM)
    • IRR Model Addendum
    • Memorialization of Disputes & WildLand Fire Mgt.

TRIBAL SHARES, BASE BUDGETS,

AND THE REPROGRAMMING REQUEST

tribal shares
Tribal Shares
  • Tribal Shares Definition: A Tribe’s portion of all funds that support secretarial programs, services, functions, and activities that are not required by the secretary for performance of Inherent Federal Functions. (Headquarters, Region, Agency) Headquarters funds are “Off the table.” So, start by reviewing contracted programs and requesting Agency and Regional level budgets for administrative funds available.
  • Inherent Federal Functions (Residual): Those Federal functions which only federal employees can perform if all Tribes were to assume responsibilities for all BIA programs.
  • While the IHS has identified residual and Tribal Shares at each level (by formula), the BIA has not. Therefore, Tribal shares on the BIA side are not consistent between Regions and/or across time. Without such consistency, “No Negative Impact” trumps individual Tribal need and has driven down allocations in Agreements. Oftentimes, very close to the historically contracted amount.
stable base budgets
Stable Base Budgets
  • Definition: The amount of recurring funding identified in the President’s annual budget request to Congress. Subject to annual adjustment only to reflect changes in Congressional Appropriations.
  • Base Budgets are derived from:
    • P.L. 93-638 contract amounts
    • Negotiated Agency, Regional and Central Office Amounts
    • Other Recurring funding
    • TPA increases and decreases
    • Pay cost adjustments
  • Base Budgets may NOT include:
    • General Assistance
    • HIP
    • Road Maintenance
    • Contract Support

Funding NOT in the Base Budget generally take longer to get to the Tribe. Those funds outside the Base from other areas such as OST (Probate Funds) or Education (JOM) take even longer. Base Budgets Expedite funding allocation.

reprogramming request
Reprogramming Request
  • Definition: BIA Funding Spreadsheet or Line item funding to be transferred to the Tribe by Cost Code. TPA and Non-TPA are identified.
  • Columns: Program Title- OSG Cumulative Base– OSG Shortfall Base– OSG Shortfall Request– BIA Reprogramming Request– Total AFA-- Footnotes
citizen potawatomi nation sg negotiations in 1999
Citizen Potawatomi Nation SG Negotiations in 1999
  • Program Review brought funding allocation questions. Historical funding levels have not changed to keep up with inflation and population increases…CPN questioned 106(a)(1) amounts.
  • Tribal Shares at Agency and Region were disputed. Appealed up to Assistant Secretary. On December 20, 2000 CPN received a response from Assistant Secretary Kevin Gover. “The Act identifies three limitations on the Secretary’s authority to compact:1) the Secretary’s tryst responsibilities may not be diminished; 2) a compact cannot limit or reduce the funds or services provided to other tribes; and 3) functions which are inherently federal may not be compacted.”
  • Anadarko provided an explanation of the retention of funds in the Region for each disputed line.
  • “While the BIA is dedicated to providing tribes involved in compacting with the maximum amount of resources available for that purpose” some funds from the Agency were still sent back to the Region for administration.
  • Shortfall funding was not available as a compromise.
  • Resulting in Pages of Footnotes…
implementation of the key tribal budget process
Implementation of the Key: Tribal Budget Process
  • Annual Funding Agreement Provides Advance Payments
  • Self-Governance allows tribes the flexibility to re-design programs and reallocate budgets to meet local needs
  • Tribal Program BudgetingTakes Center Stage
classes of funds or budget groups
Classes of Funds or Budget Groups
  • Federal Programs/Tribal Programs: Service to Native Americans
  • Indirect Costs: Federal/Tribal Administrative Support
  • Enterprises: Make Money
  • Internal Service Funds: Service to Federal Programs, Tribal Programs, and Enterprises
bia budgets zero sum games
BIA Budgets: Zero Sum Games
  • BIA AFA: Tribal Rolls, Realty, Tribal Court, ICW, Law Enforcement, Cultural Resources (Language)
  • Employment & Training 477: WIA adult and Youth, Child Care, Higher Ed, WA, JOM
budget timeline 2009
Budget Timeline: 2009
  • July 1: Official Process Begins…Memo to Directors with Budget Information
  • July 21: Receipt of Budgets from Directors…In accounting format with fringe calculation spreadsheet
  • August 4-8: Budget Committee Meets
  • August 18: Budgets sent to Legislature for Review
  • Sept 1-5: Appropriations Committee and Budget approval
  • Sept 30: Input of approved budgets by Accounting