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GENERAL MEMORANDUM 11-075

GENERAL MEMORANDUM 11-075
FY 2011 Appropriations for Indian Affairs and Other Interior Agencies

This report focuses on the final FY 2011 funding levels, as contained in the Department of the Interior (DOI) Operating Plan, for major programs in the Indian Affairs (IA), Office of the Special Trustee (OST), and related agencies that are of particular interest to Indian tribes and tribal organizations. The DOI budget is included in the Department of Defense and Full-Year Continuing Appropriations Act (HR 1473, PL 112-10) which was signed into law April 15, 2010. PL 112-10 funds federal agencies through the end of the fiscal year, September 30, 2011. Federal agencies were instructed to file operating or spending plans with Congress within 30 days of enactment for the allocation of FY 2011 funds. The Indian Affairs has provided the attached four-page chart of its final FY 2011 funding figures, without an accompanying narrative. The DOI operating plan for all agencies and bureaus is available at http://www.doi.gov/budget/2011/data/pdf/Interior_Operating_Plan.pdf.

PL 112-10 (Section 1101(a)) provides that funding, unless otherwise specified, is "under the authority and conditions provided in the applicable appropriations acts for fiscal year 2010…" Since PL 112-10 did not specifically change the legislative provisions from those in the FY 2010 Interior Appropriations Act, they remain in effect in FY 2011. PL 112-10 also provides (Section 1111) that earmarks contained in the FY 2010 appropriations Acts, committee reports or joint explanatory statement have no legal effect with respect to the FY 2011 appropriations Act. Further, PL 112-10 imposed a 0.2 percent across-the-board reduction on all discretionary accounts (except Defense) from the amounts listed in the text of the Act.

We highlight some of the significant FY 2011 budget actions. The amounts reported here reflect the 0.2 percent reduction as contained in the DOI Operating Plan.

INDIAN AFFAIRS (IA) BUDGET OVERVIEW

The FY 2011 funding level of $2.59 billion for Indian Affairs is $25.5 million less than the FY 2010 level but is $28 million above the President's budget request. Within the FY 2011 total are $2.3 billion for the Operation of Indian Programs (OIP; a $6.1 million decrease from the FY 2010 level) and $209.6 million for Construction (a $15.4 million increase below the FY 2010 amount).
OPERATION OF INDIAN PROGRAMS

FY 2010 Enacted $2,335,965,000
FY 2011 Admin. Request $2,394,640,000
FY 2011 Enacted $2,329,846,000

The FY 2011 Operation of Indian Programs (OIP) funding is a decrease of $6.1 million below the FY 2010 enacted level and $64.8 million below the President's request level.

Bureau of Indian Affairs

FY 2010 Enacted $1,536,565,000
FY 2011 Admin. Request $1,590,145,000
FY 2011 Enacted $1,577,148,000

Budget Structure Changes:
• internal transfer of $26.4 million in Road Maintenance funds from Community and Economic Development to the Tribal Government account
• internal transfer of $18.46 million in Minerals and Mining funds from Trust–Natural Resources Management to the Community and Economic Development account

Program Increases:
• Contract Support – funded at $219.5 million, which is $53.5 million above the FY 2010 level and $32 million above the budget request. The budget justification stated the requested amount would result in tribal contractors receiving 94 percent of both their direct and indirect contract support costs (up from an estimated 72.2 percent in FY 2010); with the increase, that percentage should improve. There is also $1.99 million for the Indian Self-Determination Fund, which is used for first year administrative costs related to new and expanded contracts.

• Public Safety and Justice – funded at $334.1 million, which is $5.2 million above the FY 2010 level but is $27.5 million below the budget request. Since the total includes the requested internal transfer of Facilities Operations and Maintenance funds ($6.2 million) the FY 2011 total is essentially level funding.

Bureau of Indian Education

FY 2010 Enacted $799,400,000
FY 2011 Admin. Request $804,495,000
FY 2011 Enacted $752,698,000

The Bureau of Indian Education (BIE) category is comprised of funds for the BIE-funded elementary and secondary school system ($596.9 million) as well as other education programs ($125.7 million), including higher education and scholarships, and Education Management ($29.9 million).

The Act provides a $2.9 million increase for Tribal Grant Support Costs, for total funding of nearly $46.3 million. We note this is the first significant increase for the administrative costs of current tribally-operated schools in a number of years; however, no separate funds are provided for the transitional costs associated with schools which convert from federal to tribal operation.

We also note that the FY 2011 operating plan does not transfer $50.7 million in Facilities Maintenance funds from Construction to the elementary + secondary school non-forward funded programs. Previously the Administration had requested such a transfer.

CONSTRUCTION

FY 2010 Enacted $225,000,000
FY 2011 Admin. Request $115,723,000
FY 2011 Enacted $209,580,000

Education Construction

FY 2010 Enacted $112,994,000
FY 2011 Admin. Request $ 52,854,000
FY 2011 Enacted $140,509,000

The Act provides a $27.5 million increase above FY 2010 and $87.6 million above the Administration's request for all education construction and repair activities. The increase is applied to the Replacement School Construction and Replacement Facility Construction accounts.

Public Safety & Justice Construction

FY 2010 Enacted $64,407,000
FY 2011 Admin. Request $11,377,000
FY 2011 Enacted $17,864,000

Resources Management Construction

FY 2010 Enacted $38,385,000
FY 2011 Admin. Request $42,159,000
FY 2011 Enacted $42,075,000

NON-BIA PROGRAMS
OFFICE OF THE SPECIAL TRUSTEE

The FY 2011 budget for the Office of the Special Trustee (OST) is $160,678,000; this includes $31,534,000 (a $16 million decrease from FY 2010) for the Office of Historical Accounting. The OST FY 2011 budget request was $160.2 million.

NATIONAL PARK SERVICE

• Tribal historic preservation grants – $7.9 million, same as the FY 2010 level before the across-the-board reduction. These funds aid tribes in assuming the State Historic Preservation Office duties on tribal lands.

FISH AND WILDLIFE SERVICE

• State and Tribal Wildlife Grants – $61,876,000, which is $28.1 million below the FY 2010 enacted and FY 2011 request levels. These funds are used for the development of wildlife conservation plans and on-the-ground conservation projects to stabilize, restore, enhance, and protect species and their habitats. The total includes $6.9 million for the tribal competitive grants program.

Please let us know if we may be of further assistance regarding the FY 2011 budget for programs in the Indian Affairs portion of the Interior Department or other programs covered in this Memorandum.

# # #

Inquiries may be directed to
Marie Osceola-Branch (mosceola-branch@hobbsstraus.com)

Available Documents for Download ( any referenced attachments are included in download )


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