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DOI Self Governance Orientation

DOI Self Governance Orientation. Negotiations. Negotiation Overview. President’s State of the Union – Feb BIA Green Book Published – Mar Draft Negotiation Guidance – April F inal Negotiation Guidance issued – May OSG Negotiator contacts Tribe. Negotiation Overview.

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DOI Self Governance Orientation

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  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

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