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General Memorandum 13-036

General Memorandum 13-036
FY 2014 Appropriations Request for Indian Affairs, Office of the Special Trustee and Other Interior Programs

In this Memorandum we report on the Administration's FY 2014 budget request for the 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. These programs are funded under the Interior, Environment and Related Agencies appropriations bill.

The Indian Affairs detailed budget information is in chart form and we discuss in the narrative only those issues that describe significant changes or may be of particular interest. We attach the chart from the IA budget justification. The page numbers in this Memorandum refer to each agency's FY 2014 budget justification. The budget describes increases and decreases relative to FY 2012 enacted levels since the Department of the Interior has not released its spending plan for the recently enacted FY 2013 appropriations, which included a 5.1percent across-the-board budget reduction due to sequestration. By and large FY 2013 final funding levels will be 5.1% below the
FY 2012 amounts.

INDIAN AFFAIRS (IA) BUDGET OVERVIEW

The Administration seeks an FY 2013 funding level of $2.56 billion for Indian Affairs, which is $31.2 million above the FY 2012 enacted level. Within the total are $2.18 billion for the Operation of Indian Programs (OIP; a $183.9 million decrease from FY 2012) and $107.1 million for Construction (a $16.5 million decrease from FY 2012).

The Administration proposes two highly controversial budget recommendations: 1) move Contract Support Costs from Operation of Indian Programs to a separate account and that CSC be provided on a contract-by-contract basis; and2) that the primary funding source (Indian School Equalization Program formula funds or ISEP) for BIE-funded schools academic programs be reduced by $16 million as an offset to establishing a new school turnaround pilot program. Both of these proposals were resoundingly opposed by tribal witness testifying at the House Interior Appropriations Subcommittee hearing on April 24-25 and the Senate Committee on Indian Affairs hearing of April 24. Regarding ISEP, many witnesses argued that if the Administration wanted to establish this new grant program, it should be funded by the Department of Education rather than the BIE funds for ISEP. Both are discussed further elsewhere in this Memorandum.

Highlights within the Indian Affairs budget include:

• Contract Support Costs as separate account. The FY 2014 appropriations bill language proposes an entirely new account and process for CSC as an interim step while working toward developing what the Administration's terms a long-term, comprehensive solution in consultation with tribes. In addition to a cap on aggregate CSC spending ($230 million requested), bill language would specify that the amount available for contract support costs associated with each ongoing Indian Self-Determination Act agreement will not exceed the amount identified in the Contract Support Costs table submitted by the Secretary to the Appropriations Committees.

• Increases/Reductions/Savings. The Administration's proposed FY 2014 program increases include $8.8 million for Contract Support; $2 million for Tribal Grant Support Costs for tribally operated schools; $34.4 million for Trust-Natural Resources; $7.6 million for Trust-Real Estate Services; $17.3 million for Public Safety and Justice (PS&J) programs, including $1 million for tribal courts; $2.3 million for Community and Economic Development; and $15 million for a new School Turnaround Pilot Project.

The program decreases total $42.4 million for OIP programs and $16.5 million for Construction programs. The proposed budget recommends elimination of the Housing Improvement Program (HIP; -$12.6 million) and program reductions of $16.5 million under the Indian School Equalization Program (ISEP) for BIE-funded schools and $2.6 million under Law Enforcement Special Initiatives.
In addition, the Administration's budget assumes $19.7 million administrative costs savings will be realized under the Indian Affairs "horizontal consolidation" that will occur in FY 2014 and result in streamlined and improved oversight operations; and an additional $13.9 million through Management efficiencies.

• Youth Programs. A total of $2.5 million within various Indian Affairs budget accounts are sought to expand youth programs and partnerships to "engage youth in the natural sciences and to establish an office to coordinate youth programs across Indian Affairs." (IA-OVW-7)

• Pay Increases. The Administration proposes $16.1 million for the FY 2014 Fixed Costs for " Indian Affairs employees, tribal (638) employees, other teachers, Working Capital Fund, Workers Compensation, Unemployment Compensation, and increases associated with rentals (both General Services Administration and direct)." This amount includes $3.8 million in pay adjustment for "increased costs for teachers salaries during the 2011-2012 school year, based on DoD comparability pay and an adjustment for 638 contracted/compacted tribal employees in FY 2012." (IA-OIP-4) Fixed Costs is comprised of pay cost increases and rentals.

• Indian Reorganization Act – Carcieri Fix. The Administration proposes language that would provide a "clean" Carcieri fix, which would reverse the U.S. Supreme Court's 2009 decision that the Secretary of the Interior did not have authority to take land into trust for tribes recognized after 1934. The language below is identical to that proposed, but not enacted, in FYs 2011 and 2012 appropriations measures.

INDIAN REORGANIZATION ACT

SEC. 116. (a) Modification - (1) In general - The first sentence of section 19 of the Act of June 18, 1934 (commonly known as the "Indian Reorganization Act") (25 U.S.C. 479), is amended - (A) by striking "The term" and inserting "Effective beginning on June 18, 1934, the term"; and (B) by striking "any recognized Indian tribe now under Federal jurisdiction" and inserting "any federally recognized Indian tribe". (2) Effective date - The amendments made by paragraph (1) shall take effect as if included in the Act of June 18, 1934 (commonly known as the "Indian Reorganization Act") (25 U.S.C. 479), on the date of enactment of that Act. (b) Ratification and confirmation of actions - Any action taken by the Secretary of the Interior pursuant to the Act of June 18, 1934 (commonly known as the "Indian Reorganization Act") (25 U.S.C. 461 et seq.) for any Indian tribe that was federally recognized on the date of the action is ratified and confirmed, to the extent such action is subjected to challenge based on whether the Indian tribe was federally recognized or under Federal jurisdiction on June 18, 1934, ratified and confirmed as fully to all intents and purposes as if the action had, by prior act of Congress, been specifically authorized and directed. (c) Effect on other laws (1) In general – Nothing in this section or the amendments made by this section affects - (A) the application or effect of any Federal law other than the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (as amended by subsection (a)); or (B) any limitation on the authority of the Secretary of the Interior under any Federal law or regulation other than the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (as so amended). (2) References in other laws - An express reference to the Act of June 18, 1934 (25 U.S.C. 461 et seq.) contained in any other Federal law shall be considered to be a reference to that Act as amended by subsection (a). (p. 698, Department of Interior Appendix)

• Indian Arts and Crafts Board. As it did in the FY 2012 budget request, the Administration proposes to transfer the Indian Arts and Crafts Board (IACB) from the Office of the Secretary to the Operation of Indian Programs account; associated funding is $1.2 million. The IACB is responsible for overseeing the implementation of the Indian Arts and Crafts Act. The FY 2014 goal will be to "further broaden its work to educate the tribes, Indian arts and crafts industry, consumers, and law enforcement nationwide about the Act's requirements and prohibitions to encourage the broadest possible compliance." (IA-ACB-2)

OFFICE OF THE SPECIAL TRUSTEE

The FY 2014 budget request for the Office of the Special Trustee (OST) is $139.7 million, a $12.4 million decrease from the FY 2012 funding level. Within the OST total is $23 million for the Office of Historical Accounting.

OPERATION OF INDIAN PROGRAMS

FY 2012 Enacted $2,367,738,000
FY 2014 Admin. Request $2,183,774,000

The FY 2014 proposed funding for OPERATION OF INDIAN PROGRAMS (OIP) would be a net decrease of $183.9 million from the FY 2012 enacted level but includes a $15.8 million increase for Fixed Costs and related changes, $54.2 million in programmatic changes, a decrease of $32.9 million in administrative cost savings and internal transfers of $221.2 million.

BUREAU OF INDIAN AFFAIRS

FY 2012 Enacted $1,572,258,000
FY 2014 Admin. Request $1,379,739,000

The Administration proposes increases for: Trust-Natural Resources Management (+$31.9 million); Trust-Real Estate Services (+$2.1 million); Public Safety and Justice (+$19 million); Community and Economic Development (+$1.8 million); and Bureau of Indian Education (+$7.2 million). Major reductions are proposed for Human Services (-$10.2 million), Executive Direction/Administrative Services (-$19 million) and Tribal Government (-$218.1 million).

TRIBAL GOVERNMENT

FY 2012 Enacted $519,331,000
FY 2014 Admin. Request $301,164,000

The Tribal Government subactivities are: Aide to Tribal Government; Consolidated Tribal Government Program; Self-Governance Compacts; New Tribes; Small and Needy Tribes; Roads Maintenance; and Tribal Government Program Oversight. For budget details by program, see page IA-ST-2 of the attached chart.

The proposed budget would provide $5.2 million for Fixed Costs, an internal transfer of $220.9 million, and a reduction of $2.6 million for administrative cost savings—resulting in a net decrease of $218.1 million. The major change to Tribal Government is the proposed transfer of Contract Support to a new account apart from OIP, as discussed later within this report.

• Roads Maintenance. Funding is proposed at $25.3 million, which reflects a $320,000 decrease in program funds and $156,000 in administrative cost savings. The budget request level "should have minimal impact on the current road maintenance activities." The budget justification states:

Preventive maintenance and rehabilitation for deteriorated roads are crucial for the BIA transportation system and the current service delivery will be maintained in FY 2014. BIADOT and the tribes will continue to keep BIA-owned streets, roads, highways, and bridges at the target levels for acceptable roads in accordance with the Service Level Index of 14 percent and 62 percent. Regular maintenance activities such as sealing cracks, repairing pavement, cleaning and repairing drains, fixing signals, and sweeping streets will continue in FY 2014. (IA-TG-2)

• New Tribes. Funding is proposed at $480,000, which reflects a $166,000 increase in program funds. The FY 2014 funds would be provided to the Shinnecock Indian Nation (NY), Wilton Rancheria (CA), and Tejon Indian Tribe (CA), all of whom recently attained federal recognition.

Bill Language

• TPA Redistribution. The Administration proposes to continue a provision from prior Interior appropriations acts (FYs 1999-2012), which authorizes redistribution of TPA and tribal base funds to alleviate funding inequities as follows:
SEC. 105. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No federally recognized tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2014. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply.

• Tribal Shares Language. The budget proposal would continue bill language regarding tribal shares as follows:

Notwithstanding any other provision of law, no funds available to the Bureau of Indian Affairs for central office oversight and Executive Direction and Administrative Services (except executive direction and administrative services funding for Tribal Priority Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public Law 103-413).

• Disaster Relief Language. The budget proposal would continue previous bill language that authorizes expenditures in excess of the funded amounts in order to provide disaster assistance to Indian communities. Without the following language, the Bureau would be prevented from using unobligated funds to provide additional welfare assistance:

Provided, That in cases of designated Federal disasters, the Secretary may exceed such cap, from the amounts provided herein, to provide for disaster relief to Indian communities affected by the disaster;
HUMAN SERVICES

FY 2012 Enacted $136,360,000
FY 2014 Admin. Request $126,095,000

The Human Services subactivities are: Social Services; Welfare Assistance; Indian Child Welfare Act (ICWA); Housing Improvement Program (HIP); Human Services Tribal Design; and Human Services Program Oversight. For budget details by program, see page IA-ST-2 of the attached chart.

The proposed budget would provide $838,000 in Fixed Costs but the net result is a $10.2 million decrease due to administrative cost savings (-$1.2 million) and elimination of the Housing Improvement Program ($-12.6 million).

• Social Services. The budget request of $37 million includes a $3 million increase for a new initiative that would address domestic and family violence. Funds would be used for 26 case workers (20 tribal and 6 BIA positions). The budget justification states that the goals of the initiative are to:

1) Expand family services related to domestic and family violence;
2) Improve teamwork between law enforcement and social services to more rapidly address instances of domestic and family violence; and
3) Improve coordination of services with other related domestic and family violence partners in Indian Country. (IA-HS-2)

• Housing Improvement Program. The Administration proposes the elimination of HIP (funded at $12.59 million in FY 2012) on the basis that it serves the same population as those helped through the Native American Housing Block Grant program operated by the Department of Housing and Urban Development. An additional $450,000, related to HIP, would be eliminated under Human Services Regional Oversight. The budget justification states:
Tribes who receive HUD funding are not precluded from using that funding to provide assistance to HIP applicants. The proposed elimination will lead tribes to find alternative ways of addressing the housing needs in their communities. (IA-HS-2)

TRUST–NATURAL RESOURCES MANAGEMENT

FY 2012 Enacted $157,245,000
FY 2014 Admin. Request $189,193,000

The Trust–Natural Resources Management subactivities are: Natural Resources; Irrigation Operation and Maintenance; Rights Protection Implementation; Tribal Management/Development Programs; Endangered Species; Cooperative Landscape Conservation; Integrated Resource Information; Agriculture and Range; Forestry; Water Resources; Fish/Wildlife & Parks; and Resource Management Oversight. For budget details by program, see pages IA-ST-2 of the attached chart.

The budget request would result in a net $31.9 million increase from the FY 2012 level for Trust–Natural Resources Management programs, including $34.4 million in program increases, $1.6 million for Fixed Costs and a reduction of $3.8 million in administrative cost savings. The program increases include:

o Rights Protection Implementation – $7.5 million increase, for total funding of $36.7 million to increase support to Indian organizations and programs in developing conservation management plans and codes. The requested increase would be allocated to: the Chippewa-Ottawa Resource Authority (CORA) for the implementation of the Inland Consent Decree ($1.6 million) to allow CORA beneficiary tribes and members "to protect their inland consent decree treaty-reserved rights;" other inter-tribal organizations ($1.9 million) i.e., NW Indian Fisheries Commission, Great Lakes Indian Fish & Wildlife Commission, Columbia River Intertribal Fisheries Commission, U.S./Canada Pacific Salmon Treaty, and Washington State Timber-Fish-Wildlife Project; $3.5 million for evaluation and research activities by inter-tribal organizations or individual tribes; and $500,000 for a competitive grant program for development of tribal youth programs "focused on science in line with conservation and resource management."

o Tribal Management/Development Program – $2 million increase, for total funding of $9.7 million, to expand the efforts of 32 tribes in fish and wildlife project management and contribute toward new initiatives.

o Endangered Species – $1.5 million increase, for total funding of $2.7 million, to conduct wildlife surveys and habitat assessments related to preparation of necessary documents and participation in the Endangered Species Act consultation process.

o Cooperative Landscape Conservation – $9.8 million increase, for total funding of $10 million which will be allocated as follows:
--Climate Adaptation and Science Activities including: climate change coordination competitive and annual proposal-based programs ($6.3 million); regional Landscape Conservation Cooperatives and other climate adaptation related activities ($500,000); Central Office Coordinator ($50,000) to support outreach activities at conferences, workshops and other venues related to climate change adaptation; and youth biological inventory program ($1 million as 50 percent share of total cost).
--Ocean and Costal Science and Technical Support: competitive grant program for tribes with ocean and coastal trust resources or harvest rights ($1 million), and $1 million for tribal participation and collaboration regarding "science and management of ocean and coastal resources."

o Invasive Species – $3 million increase, for total funding of $6.4 million. It is expected that $2.5 million of the increase will be used for science-based collaborative efforts to address the threat and spread of invasive species.

o Forestry Program (Tribal Priority Allocation) – $3.1 million increase, for total funding of $27.6 million. The proposed increase would be allocated to Forest Inventory and Planning, one of several components of the Forestry Program. The increase will aid the program in maintaining "productive levels of Forestry Inventory and Planning activities."

o Forestry Projects – $3.8 million increase, for total funding of $21.08 million. Part of the increase ($1.5 million) would fund four BIA "multi-region service hubs by a competitive proposal process to support reservation-level data gathering for forest resource impact analysis." There is proposed $1.3 million for the direct support of Forest Managers and resource professionals, and $1 million for 50 percent share of support for a youth biological inventory program.

o Water Management, Planning and Pre-Development – $1 million increase, for total funding of $6.7 million. The increase would be used for research and studies in support of tribal work on water issues.

o Fish, Wildlife and Parks Projects – $2.25 million increase, for total funding of $8.69 million. Within the proposed increase are $2 million for Hatchery Maintenance (distribution to be determined by annual ranking of maintenance projects submitted by tribes), and $250,000 for Hatchery Operations (for Lower Elwha Hatchery Operations).

TRUST–REAL ESTATE SERVICES

FY 2012 Enacted $126,759,000
FY 2014 Admin. Request $128,891,000

The Trust–Real Estate Services subactivities are: Trust Services; Navajo-Hopi Settlement Program; Probate; Land Title and Records Offices; Real Estate Services; Land Records Improvement; Environmental Quality; Alaskan Native Programs; Rights Protection; and Trust-Real Estate Services Oversight. For budget details by program, see page IA-ST-2/-3 of the attached chart.

At the request level, the Trust–Real Estate Services (RES) amount would be a net increase of $2.1 million, with programmatic increases totaling $7.6 million, Fixed Costs of $1.7 million and a reduction of $7 million in administrative cost savings.

• Trust Services – $5.5 million increase, for total funding of $15.1 million. The proposed increase would be provided to Klamath Tribes for implementation of economic activities as part of the Klamath Basin Restoration Agreement.

• RES Program – $688,000 increase, for total funding of $33.3 million. The increase would be used for additional support to BIA staff management of workload associated with the New Energy Frontier initiative priorities.

• Litigation Support/Attorney Fees – $1.5 million increase which would also be the total funding. These funds "will provide the necessary support for the tribes to protect their tribal trust resources or treaty rights in cases where the Federal Government cannot represent Indian interests for various reasons, including conflicts of interest." (IA-RES-3)

PUBLIC SAFETY AND JUSTICE

FY 2012 Enacted $346,223,000
FY 2014 Admin. Request $365,261,000

The Public Safety and Justice subactivities are: Law Enforcement; Tribal Courts; and Fire Protection. For budget details by program, see pages IA-ST-3 of the attached chart.

The proposed budget would provide a net $19 million increase from the FY 2012 level, with $17.3 million in programmatic increases, $3.7 million for Fixed Costs, and a reduction of $3.2 million in administrative cost savings.

Law Enforcement increases include:

o Criminal Investigations and Police Services – $5.5 million programmatic increase and internal transfer (+$8.4 million) to realign the drug enforcement and intelligence sharing programs for total funding of $199.7 million. The programmatic increase is comprised of $4 million which would be allocated to tribal base funding under Criminal Investigations and Police Services, and $1.5 million would be for BIA direct service programs.

o Detention/Corrections – $13.4 million increase, for total funding of $96.9 million. The budget justification estimates 70 percent of the increase would be allocated to tribal base funding and the balance for operation of Indian Affairs' direct service detention programs. The proposed increase would address staffing shortages at seven new or expanded detention facilities scheduled to come online in FY 2013 or by the end of FY 2014.

o Law Enforcement Special Initiative – a programmatic reduction of $2.55 million and an internal transfer of $6.8 million, for total funding of $7.9 million. The decreases proposed reflect reprioritization "to address other core responsibilities to [AI/ANs]" and would be applied to: Southwest Border Initiative (-$1 million); Intelligence Sharing (-$550,000) and Incident Management Analysis and Reporting System (IMARS; -$1 million).

• Tribal Courts – $1 million increase, for total funding of $24.3 million. The increase, geared to continue improvement in the 185 Indian Affairs-funded tribal court operations, would fund hiring additional judges, training and equipment. The Administration notes that additional training requirements to address requirements and new authority under the Tribal Law and Order Act (TLOA) and the Violence Against Women Act (VAWA) will be addressed through a pilot training program and technical assistance. The budget justification states Division of Tribal Justice Support will:

… initiate pilot training and technical assistance programs to assist the tribal courts in the continued improvement of tribal court operations. Once a pilot program becomes successful, the associated funding is generally allocated to increase the tribe's base funding. Some of the pilot programs to be initiated include: public defender programs to include providing training and assistance from US Courts' Public Defenders Office; implementation of technological advances that improve the cost effectiveness of tribal justice operations including case management systems, alternative sentencing devices such as ankle bracelet monitoring devices and home confinement devices; pre-trial and probation officers to assist in working with the U.S. Probation Office; and providing preventative skills to young women who have been exposed to domestic violence. (IA-PSJ-4)
The budget justification also notes that specific training will be provided to Alaska Native communities "who have a significant need regarding training and technical assistance."

COMMUNITY AND ECONOMIC DEVELOPMENT

FY 2012 Enacted $34,810,000
FY 2014 Admin. Request $36,654,000

The Community and Economic Development (CED) subactivities are: Job Placement and Training; Economic Development; Minerals and Mining; and Community Development Oversight.

The budget request would result in a net increase of $1.8 million from the FY 2012 level, including $2.3 million in programmatic increase, $193,000 in Fixed Costs and reductions of $118,000 for internal transfers and $588,000 in administrative cost savings. For budget details by program, see page IA-ST-3 of the attached chart.

• Minerals and Mining Projects – $2.9 million increase, for total funding of $15.5 million. The increase would be utilized for tribal energy development projects ($1.9 million) and the Navajo Alternative Energy Project ($1.0 million). Proposed use of the tribal energy development projects increase would be to further the technical and engineering studies related to the hydroelectric projects at Crow Nation, Pyramid Lake and Cherokee Nation.

• Economic Development – $1.8 million reflects a decrease of $543,000 due to eliminating several Office of Indian Energy and Economic Development programs such as the Native American Business Development Institute, Industry Days, and training for Native American entrepreneurs.

EXECUTIVE DIRECTION AND ADMINISTRATIVE SERVICES

FY 2012 Enacted $251,530,000
FY 2014 Admin. Request $232,481,000

The Executive Direction and Administrative Services subactivities are: Assistant Secretary Support; Executive Direction; Administrative Services; Safety and Risk Management; Information Resources Technology; Human Capital Management; Facilities Management, Intra-Governmental Payments; and Rentals.

The proposed budget would be a net $19.04 million reduction from the FY 2012 level, with $3.3 million in Fixed Costs, a $5.6 million programmatic decrease, and a reduction of $9.7 million in administrative cost savings. For budget details by program, see pages IA-ST-3/-4 of the attached chart.

• Assistant Secretary Support – $2.2 million increase and an offset of $766,000, for total funding of $12.7 million. The programmatic increase is comprised of $2 million for an independent evaluation of the BIE school system, and $1 million for a comprehensive evaluation that is intended to "strengthen the oversight, management, and analytical capabilities of the Indian Water Rights Office and other Bureaus and offices that work on these issues." (IA-ADM-2) The offset would be taken proportionally from the offices which support the AS-IA, i.e., Office of Public Affairs, Office of Congressional and Legislative Affairs, among others.

• Information Resources Technology – $7.1 million reduction, for total funding of $46.6 million. The reduction is proposed as a result of the anticipated savings derived from the DOI IT Transformation initiative, which centralized common IT services such as email, data centers, servers, etc.

BUREAU OF INDIAN EDUCATION

FY 2012 Enacted $795,480,000
FY 2014 Admin. Request $802,756,000

The Bureau of Indian Education (BIE) category displays funds for the BIE-funded elementary and secondary school system as well as other education programs including higher education and scholarships. The subactivities are: Elementary and Secondary Programs–Forward Funded; Elementary and Secondary Programs (non-forward funded); Post Secondary Programs–Forward Funded, Post Secondary Programs (non-forward funded); and Education Management.

General Overview. The proposed budget would provide a net $7.2 million increase above the FY 2012 level, including total funding of $636.3 million for School Operations, $134.7 million for Post Secondary Programs, and $18.5 million for Education Management. The budget proposal seeks $6.7 million in programmatic increases, $642,000 in internal transfers, and assumes a reduction of $4.7 million in administrative cost savings. For budget details by program, see pages IA-ST-4 of the attached chart.

School Operations Overview. Highlights of the proposed budget impacting BIE schools include:

-- Programmatic increase of $2 million for Tribal Grant Support Costs (TGSC) for total funding of $48.2 million.
-- School Operations Reduction of $16 million less in ISEP formula funds in order to establish a new Education Turnaround Pilot Program ($15 million) and fund other priorities.
-- Fixed costs request of $5.18 million for Elementary and Secondary Programs Forward Funded and Elementary and Secondary Programs Non-forward funded programs. Fixed costs are related to pay and benefits, and rent costs.
-- BIE Streamlining. Following completion of the independent study of the BIE's operations and organization currently underway, the Bureau will, in consultation with tribes, determine the organizational structure and strategies most suited to meeting tribal needs and priorities. The budget justification states:
The Bureau of Indian Education (BIE) will embark on a major consolidation and streamlining of it operations in FY 2013. An in-depth study by an independent third party of BIE's operations and organization is currently in progress, with findings and recommendations anticipated in June. BIE will consult with the tribes to identify the best strategies and organizational structure to ensure that tribal needs and priorities are addressed. A critical component in streamlining is the analysis of functions and identification of opportunities to reduce or eliminate duplicative functions, and the associated positions. The BIE will explore the use of early retirement and voluntary separations to manage FTE reductions along with other position management techniques. Following consultation, BIE will design and implement a plan for efficiently delivering educational services to Native Americans enrolled in BIE funded schools. (IA-OVW-10)

-- BIE Accountability System and Index. As part of the BIE's application to the Department of Education for a flexibility waiver from the No Child Left Behind accountability requirements, the BIE plan may include the development of an "Accountability Index." The Index would require that BIE schools achieve a minimum of 70 points. The BIE proposal will undergo tribal and stakeholder consultation and be subject to Department of Education recommended changes. The budget justification provides the following explanation:
The proposed BIE Accountability Index will consist of student participation in assessments; achievement in assessed subjects; student attendance, graduation, and drop-out rates; school improvement activities; school participation in professional development activities; and school compliance with federal mandates. These measures are far in excess of what NCLB currently requires, but provide a clearer picture of school performance in educating their students.
Because BIE's proposed accountability system will undergo stakeholder input and tribal consultation, as well as Department of Education recommended changes, the measures outlined here will likely change to reflect the implementation of the program that replaces current AYP measures. (IA-BIE-27/-28)

Elementary and Secondary Programs–Forward Funded
FY 2012 Enacted $522,247,000
FY 2014 Admin. Request $523,026,000

Amounts provided under the forward funded category are for use in SY 2014-2015. The proposed FY 2014 amount would be a net increase of $4.1 million over the FY 2012 level. The budget request includes a programmatic increase of $2 million for Tribal Grant Support Costs and $4.3 million for Fixed Costs. There is a proposed ISEP reduction of $16.4 million in order to fund a new Education Turnaround Pilot Program and $718,000 in administrative savings. The forward funded programs and their proposed funding levels are:

o Tribal Grant Support Costs – $48,253,000 (+$2 million). Funds are for administrative costs of currently tribally-operated schools. As in FYs 2012-2013, the Administration does not seek separate funds for the transitional costs associated with schools which convert from federal to tribal operation even though at least one school will convert to tribally controlled schools status by July 1, 2013, and two tribes have expressed interest in converting their schools under one grant in July 2014. Instead, the proposed FY 2014 bill language would continue authorization of up to $500,000 of Tribal Grant Support Costs (TGSC) funds to be used for the initial year costs.

The BIE estimates the FY 2014 request would provide only 67 percent of administrative costs need in School Year (SY) 2014-2015 compared to the 64 percent of TGSC need estimated to be provided in SY 2012-2013. Compared to the Administration's request for the BIA and IHS non-school contractors, TGSC would still be greatly underfunded despite the $2 million increase even if Congress provides the requested amount. The BIA CSC request of $230 million (a $10.7 million increase) for the ongoing CSC needs would result in a 91 percent CSC rate, and an additional $1 million is requested for the Indian Self-Determination Fund to pay CSC of new and expanded contracts. For the IHS contract support costs, the Administration seeks a $5.7 million increase. We discuss below the Administration's proposal to establish CSC funds as a separate account, apart from Operation of Indian Programs.

o Indian School Equalization formula (ISEF) – $377,527,000 (net –$13.1 million). This amount reflects a $16.4 million or 4.2 percent programmatic decrease, but factoring in the $3.8 million increase in Fixed Costs and a $551,000 decrease in administrative savings, the net result is a $13.1 million decrease in ISEF funds. In
SY 2012-2013, the ISEF resulted in a weighted student unit (WSU) of $5,342.34. But the FY 2014 amount would result in an estimated decrease to $5,162 WSU in SY 2014-2015.

o ISEP Program Adjustments – $5,324,000 (+$46,000). The proposed increase is attributable to Fixed Costs. As in prior years, the FY 2014 funding would be used primarily for the "FOCUS on Student Achievement Project," and the balance for school safety audits, school security and police (Chemawa Indian School (OR) and Sherman Indian School (CA)). The FOCUS program targets schools that are close to meeting the annual measurable objectives set by their state achievement tests and where the additional resources could help them achieve Adequate Yearly Progress (AYP). In SY 2012-2013 there are 12 schools participating in the program.

o Student Transportation – $52,796,000 (+$164,000). The request amount is expected to provide a SY14-15 payment rate of $3.17 per mile, which is two cents below the SY 2012-2013 level. The proposed increase is for Fixed Costs. The Bureau continues to acknowledge that an estimated 15 percent of the total BIE transportation miles are on dirt or unimproved road systems, and school buses must cover greater distances than the metropolitan areas—conditions which contribute to greater fuel and maintenance costs—yet again no programmatic increase is sought. The Student Transportation funds are also used to fund two round-trip airfares for students attending off-reservation boarding schools in addition to the operation of school transportation systems.

o Early Childhood Development – $15,451,000 (+106,000). The FY 2014 request reflects a $106,000 net increase due to Fixed Costs. In SY 2012-2013 these funds supported the Family and Child Education (FACE) program for pre-school children, parenting skills, adult education and family literacy services at 44 sites.

o Education Program Enhancements – $12,090,000 (+$58,000). The proposed increase is for Fixed Costs. As in previous years, these funds would be used to continue targeted assistance to schools that have not achieved AYP—particularly those in restructuring status. Funds are primarily used to support BIE Reads and Math Counts programs but the Bureau has also sponsored school leadership training. Regarding the BIE Reads and Math program, BIE is implementing changes intended to align with Common Core Standards and requirements that will aid in transitioning students to grade-level standards-based instruction. The budget justification states:

During SY 2013-2014, the BIE will initiate a review of the BIE Reads program and will modify its direction to support effective implementation of a BIE-wide literacy initiative aligned with the Common Core State Standards (Common Core Standards.) Support will continue to those schools previously funded for participation in the Math Counts program to implement improved math instruction. The BIE has added an additional requirement that all school receiving BIE Reads or Math Counts funds will establish criteria and processes to transition students to grade-level standards-based curriculum instruction. This requirement will ensure that students are performing at grade-level based upon the standards and assessments of the state in which the BIE school is located. (IA-BIE-15)

o Education Turnaround Pilot Program – $15,000,000. The Administration requests $15 million to establish and implement a new Education Turnaround Pilot Program (ETPP), which will be based on the Dept. of Education's turnaround schools model and concepts. The funds would come from a reduction in the ISEF formula. BIE-funded schools that "demonstrate commitment for substantially raising student achievement and have unmet needs will be eligible to receive Turnaround School funds with priority status given to those schools in restructuring." The budget justification states the following regarding ETPP:

These additional funds will be provided to BIE-funded schools through a process of identification based on an objective review of data by the BIE. BIE will modify the Department of Education's [School Improvement Grants] process to enable schools to be selected and managed throughout the funding period to insure fidelity of implementation and achievement of stated goals. The Department of Education will work with BIE to evaluate proposals and establish the pilot programs. BIE field staff will provide oversight to ensure the schools implement the interventions outlined in their school plans and their plans are carried out with fidelity utilizing the Department of Education's Turnaround School models.
Grants will be awarded to schools that demonstrate the strongest commitment for using the funds to substantially raise the achievement of students. Recipients of ETPP funds will be required to align all federal resources and use of all available funds–including but not limited to ISEP and ISEP Supplemental funds, NCLB, and IDEA funds–in a school wide budget that focuses on the implementation of the selected turnaround model. (IA-BIE-21)

Elementary and Secondary Programs (these are the non-forward funded programs)
FY 2012 Enacted $122,534,000
FY 2014 Admin. Request $123,006,000

Amounts provided under the non-forward funded category are for use in SY 2013-2014. The budget request reflects a net increase of $472,000 due to fixed costs. Beginning in FY 2012, funding under this category now includes Facilities Maintenance, Facilities Operations and JOM. As in FY 2012, no funds are sought for the Residential Education Placement and the Juvenile Detention Education programs. Specifics for programs in this category are:

o Facilities Operations – $58,766,000 (+$201,000). The Facilities Operations funds are used for costs such as electricity, heating fuels, communications, GSA vehicle rentals, custodial services and numerous other vital operating expenses. In prior years schools have received less than 50 percent of the amount needed for Facilities Operations. The gross underfunding will surely continue under this budget request level.

o Facilities Maintenance – $51,106,000 (+$441,000). The Facilities Maintenance funds are intended for the preventive and routine upkeep as well as unscheduled maintenance of school buildings, equipment, utility systems and grounds.
o Johnson O'Malley (JOM) – $13,134,000 (-$170,000). JOM funds provide special academic and culturally relevant educational services to Indian students from age 3 through grade 12 in public schools. According to the budget justification, 88 percent of the funds continue to be distributed directly to tribes as base funding through its Self-Governance or Consolidated Tribal Government Programs.

Education Management
FY 2012 Enacted $21,971,000
FY 2014 Admin. Request $18,524,000

Education Management is comprised of two elements: Education Program Management ($11.9 million) which pays the salaries of BIE personnel who oversee elementary, secondary and post secondary education programs, and Education IT ($6.6 million), which funds the collection and analyses of school performance data. The personnel include those in education line offices, the Division of Compliance, Monitoring, and Accountability, and technical support staff. Specifics for programs in this category are:

o Education Program Management – $11,902,000 for administrative costs in performing services as State Education Agency and similar to those performed by a public school district for the BIE-funded school system as well as employee separation costs. The FY 2014 request reflects a $3.5 million decrease in anticipated administrative savings.
o Education Information Technology – $6,622,000. The FY 2014 request reflects a $72,000 decrease due to anticipated administrative savings. Funds are used for data telecommunications to support the Educational Native American Network (ENAN, which provides Internet capability at the schools) and the NASIS, which is a web-based data collection and analysis system used by the BIE.

Bill Language

• Multi-Program Contractors. The Administration proposes to continue the provision in Interior appropriations Acts since FY 2005 that is intended to preserve the ability of tribes who operate both school and non-school programs to receive appropriate funding for administrative costs and indirect costs incurred by these multi-program contractors.
Notwithstanding any other provision of law, including section 113 of title I of appendix C of Public Law 106-113, if in fiscal year 2003 or 2004 a grantee received indirect and administrative costs pursuant to a distribution formula based on section 5(f) of Public 101-301, the Secretary shall continue to distribute indirect and administrative cost funds to such grantee using the section 5(f) distribution formula.

• Eligibility for School Operations Funding. The Administration proposes to continue the provision on schools eligible for school operations funding, which was revised in FY 2012 due to the reinstatement of the Jones Academy.
No funds available to the Bureau shall be used to support expanded grades for any school or dormitory beyond the grade structure in place or approved by the Secretary of the Interior at each school in the Bureau school system as of October 1, 1995. Appropriations made available in this or any prior Act for schools funded by the Bureau shall be available, in accordance with the BIE funding formula, only to the schools in the Bureau school system as of September 1, 1996 and to any school or school program that was re-instated in FY 2012.

Post Secondary Programs (Forward Funded)
FY 2012 Enacted $67,293,000
FY 2014 Admin. Request $69,793,000

The FY 2014 request would be a $2.5 million increase over the FY 2012 enacted level. The increase would provide additional funds to help Tribal Colleges and Universities (TCUs) with part of the costs of increased enrollment and according to the budget justification allow them to "reallocate other funds to other priority areas." Funded under this account are Operating Grants for 27 tribally-controlled colleges and universities; technical assistance; and endowment grants.

Post Secondary Programs (Non-Forward Funded)
FY 2012 Enacted $61,435,000
FY 2014 Admin. Request $64,992,000

The FY 2014 request would be a net $3.5 million increase over the FY 2012 enacted level. Among the programs funded under this account are the Tribal Colleges and Universities Supplemental Grants; tribal technical colleges (United Tribes Technical College and Navajo Technical College); Haskell and SIPI; Scholarships and Adult Education; and Special Higher Education Scholarships.

• Science Post Graduate Scholarship Fund. The Administration requests $3 million for a new Science Post Graduate Scholarship Fund to promote graduate studies in the natural sciences. It is anticipated that the requested amount will provide 150 scholarships of approximately $20,000 each.

• Other Increases. The FY 2014 budget also requests: $610,000 increase for Scholarships and Adult Education (total funding of $33.03 million), and $100,000 increase for Special Higher Education Scholarships (total funding of $2.2 million) to increase the number of scholarships under both programs.

CONTRACT SUPPORT COSTS

FY 2012 Enacted $221,206,000
FY 2014 Admin. Request $231,000,000

The FY 2014 request amount would provide an estimated 91 percent of the "most recent projections as the estimated full funding requirement." The FY 2014 appropriations bill language proposes an entirely new account for contract support costs (CSC). In addition the bill language introduces a new approach to CSC spending that would cap not only the aggregate appropriation but also the allocation of that amount to each individual tribe or tribal organization. The purpose of the new language appears to be a legislative "Ramah fix" that would remove the Government's responsibility, as held in Salazar v. Ramah Navajo Chapter, to fully fund CSC for each contract and eliminate tribes' ability to recover CSC shortfalls through contract actions.

The budget narrative describes the new approach as a "short-term" one in working toward "a balanced, long-term solution." The budget justification explains:
In light of the Supreme Court's Salazar v. Ramah Navajo Chapter decision, the Administration is proposing that Congress appropriate contract support costs funding to tribes on a contract-by-contract basis. To ensure as much clarity as possible regarding the level of contract support costs funding, the Administration will provide Congress a contract-by-contract funding table for incorporation into the appropriations act. The Administration proposes this change as an interim step towards a more comprehensive solution. The broader goal is to develop a longer-term solution through consultation with tribes, as well as streamline and simplify the contract support costs process which is considered by many as overly complex and cumbersome to both tribes and the Federal government.
(IA-CS-5)
The bill language states:

For payments of contract support costs associated with ongoing Indian Self-Determination Act agreements with the Bureau of Indian Affairs for fiscal year 2014, not to exceed $230,000,000, to remain available until September 30, 2015: Provided, That, notwithstanding any other provision of law, the amount available for contract support costs associated with each ongoing Indian Self-Determination Act agreement with the Bureau of Indian Affairs for fiscal year 2014 shall not exceed the amount identified in the Bureau of Indian Affairs Contract Support Costs table submitted by the Secretary of the Interior to the House and Senate Committees on Appropriations, except that tribes and tribal organizations may use their tribal priority allocations for unmet contract support costs of ongoing Indian Self-Determination Act agreements [emphasis added].

The budget proposal also requests $1 million for the Indian Self-Determination Fund (ISD), which is $1 million below the FY 2012 level. The ISD Funds are for first year administrative costs related to new and expanded contracts.

• Contract Support Limitation. Consistent with prior Interior appropriations acts the proposed budget would continue language that attempts to limit the ability of the BIA and IHS to fund past-year shortfalls in contract support funding from remaining unobligated balances for those fiscal years as follows:
SEC. 406. Notwithstanding any other provision of law, amounts appropriated to or otherwise designated in committee reports for the Bureau of Indian Affairs and the Indian Health Service by Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291, 107-63, 108-7, 108-108, 108-447, 109-54, 109-289, division B and Continuing Appropriations Resolution, 2007 (division B of Public Law 109-289, as amended by Public Laws 110-5 and 110-28), Public Laws 110-92, 110-116, 110-137, 110-149, 110-161, 110-329, 111-6, 111-8, 111-88, 112-10 and 112-74 for payments for contract support costs associated with self-determination or self-governance contracts, grants, compacts, or annual funding agreements with the Bureau of Indian Affairs or the Indian Health Service as funded by such Acts, are the total amounts available for fiscal years 1994 through 2013 for such purposes, except that the Bureau of Indian Affairs, tribes, and tribal organizations may use their tribal priority allocations for unmet contract support costs of ongoing contracts, grants, self-governance compacts, or annual funding agreements.

CONSTRUCTION

FY 2012 Enacted $123,630,000
FY 2014 Admin. Request $107,124,000

The Administration's proposed budget results in a net $16.5 million decrease from the FY 2012 level, including a programmatic decrease of $16.1 million, decrease of $552,000 in anticipated administrative cost savings, and an increase of $153,000 for Fixed Costs. For budget details by program, see page IA-ST-5 of the attached chart.

EDUCATION CONSTRUCTION

FY 2012 Enacted $70,826,000
FY 2014 Admin. Request $52,285,000

The Administration's proposal would continue the budgetary focus on facilities maintenance and repair at multiple sites, thus no funds are sought for the school construction program. The requested amount for Education Construction is a net $18.5 million below the FY 2012 level, including $178,000 to achieve anticipated administrative cost savings. Funding requests for the major components of Education Construction follow.

Replacement School Construction (-$17.8 million). No FY 2014 funds are requested in order "to continue the facilities maintenance and repair program for all 183 schools rather than undertake the construction of new school facilities. This strategy recognizes the importance of a quality school environment to best meet the learning needs of Indian students while working in a period of fiscal constraint." (IA-CON-ED-1) The Bureau reports that 40 of the 43 replacement school projects funded through FY 2012 have been completed and three are in the design/build phase.

The FY 2014 budget request for the remaining major components of Education Construction is as follows:

• Employee Housing Repair – $3.8 million. The Administration proposes a programmatic reduction of $600,000 for the employee housing repair program so that the program can "reprioritize available resources to those repair projects at various quarters locations in most need. This program will take a strategic review to determine the program need and a long-term view." (IA-CON-ED-1) According to the budget justification, the FY 2014 funding priorities will be continued implementation of the master housing plan for elimination of unneeded units as well as prioritization of repair/replacement of existing housing inventory.

• Facilities Improvement & Repair – $48.4 million. The proposed funding level would be a $124,000 net decrease due to anticipated cost savings. Within the requested total are the following:
o Program Management – $3.2 million
o Minor improvement and repair – $25.2 million
o Advance planning and design – $1 million
o Condition assessments – $1.3 million
o Asset Disposal – $3.9 million
o Emergency repairs – $3.4 million
o Environmental projects – $4.8 million
o Portable classrooms – $1.5 million
o Energy Program – $3.2 million
o Education telecommunications – $350,000
o Boiler inspections – $250,000
o Seismic safety data – $72,000

Bill Language

The Administration's proposal would continue the appropriations language enacted in FY 2009 that allows the Bureau to take over a construction project from a grantee that fails to complete planning and design of a project and begin construction within 18 months of funds being appropriated:
Provided further, That in order to ensure timely completion of construction projects, the Secretary may assume control of a project and all funds related to the project, if, within 18 months of the date of enactment of this Act, any grantee receiving funds appropriated in this Act or in any prior Act, has not completed the planning and design phase of the project and commenced construction.

OTHER CONSTRUCTION

Public Safety & Justice (PS&J) Construction
FY 2012 Enacted $11,311,000
FY 2014 Admin. Request $11,306,000

The proposed PS&J Construction funding total would result in level funding for the Employee Housing; Fire Safety Coordination; and Fire Protection programs. A $5,000 reduction in administrative cost savings is proposed for Facilities Improvement and Repair (FI+R). No funds are requested for Facility Replacement/New Construction.

Resources Management Construction
FY 2012 Enacted $32,959,000
FY 2014 Admin. Request $32,759,000

The Resources Management proposed budget includes $63,000 in Fixed Costs and $263,000 in administrative cost savings. The bulk of the savings reductions are applied to Engineering and Supervision (-$51,000), Federal Power Compliance
(-$22,000) and Safety of Dams (-$181,000) programs.

Bill Language

• OST Reimbursement for Space Expansion. The proposed budget would continue bill language that allows the Office of the Special Trustee to reimburse its appropriate share of construction costs related to the expansion of space at the agency level necessitated by trust reform implementation. The bill language states:
Provided further, That this appropriation may be reimbursed from the Office of the Special Trustee for American Indians appropriation for the appropriate share of construction costs for space expansion needed in agency offices to meet trust reform implementation.

INDIAN ARTS AND CRAFTS BOARD

FY 2012 Enacted $1,279,000
FY 2014 Admin. Request $1,279,000

The Administration proposes to transfer the Indian Arts and Crafts Board (IACB) from the Office of the Secretary to the Operation of Indian Programs account, "to better align cultural programs that assist Indian communities under the Assistant Secretary-Indian Affairs." (IA-ACB-1) The IACB has responsibility for implementing and enforcing the Indian Arts and Crafts Act which contains civil and criminal penalties for combating counterfeit Indian arts and craft. It also manages three museums in the Plains Region.

NON-BIA PROGRAMS
OFFICE OF SPECIAL TRUSTEE

FY 2012 Enacted $152,075,000
FY 2014 Admin. Request $139,677,000

The proposed budget reflects a net decrease of $12.3 million for Office of Special Trustee, which includes a net decrease of $1.4 million in Fixed Costs. The programmatic increases are achieved through transfers and program changes.

Within the OST total are:

• Executive Direction — $2.9 million, which reflects a $2.3 million decrease due to elimination of the National Indian Program Training Center contract (which will become self-supporting through tuition charges); elimination of the Trust Regulations, Policies, and Procedures program (OST will instead work with Indian Affairs and other DOI offices to address trust regulatory needs); and elimination of the Product Development Initiative.
• Program Operations and Support — $137.6 million, which reflects a $9.3 million decrease. Within this total are:
Program Operations would total $87.4 million comprised of the following–
-- Office of Historical Trust Accounting – $23.045 million, with a $6.986 million programmatic decrease and $1.1 million in internal transfers. The programmatic reduction will be accomplished through space savings and contractor assistance reductions.
-- Field Operations – $24.7 million, a $1.3 million net increase which includes $973,000 in internal transfers and a $143,000 increase for additional workload.
-- Appraisal Services – $10.7 million, a net $53,000 increase but reflects an $11,000 reduction as a result of improved efficiencies through streamlined appraisals.
-- Trust Services – $28.9 million, a net $2.2 million increase but includes a $207,000 reduction due to the elimination of the Internship program. The Administration proposes that the Data Quality and Integrity program ($2.3 million) be transferred to Trust Services from Trust Accountability.
-- Trust Accountability — As in FY 2012, no funds are requested. Congress, however, provided $15.1 million in FY 2012. For FY 2014 the Administration proposes internal transfers of $11.6 million and $3.8 million in program eliminations. Programs to be transferred are: Office of Hearings and Appeals ($8.7 million) to Budget, Finance and Administration; Risk Management ($637,000) to Office of Trust Review and Audit; and Data Quality and Integrity ($2.3 million) to Trust Services. Programs to be eliminated are Trust Training ($1.7 million), Product Development ($1 million) and Trust Accountability ($1 million).

Program Support would total $50.1 million, a net increase of $10.6 million. Program Support is comprised of the following–
--Business Management – $34.7 million for strategic planning, workforce development design and execution of special projects.
--Program Management – $15.4 million for independent audits of trust programs and monitoring implementation of corrective actions.

Bill Language

• Statute of Limitations. The proposed budget would continue language to extend the statute of limitations on filing tribal and individual Indian mismanagement claims. The provision reads:
Provided further, That notwithstanding any other provision of law, the statute of limitations shall not commence to run on any claim, including any claim in litigation pending on the date of the enactment of this Act, concerning losses to or mismanagement of trust funds, until the affected tribe or individual Indian has been furnished with an accounting of such funds from which the beneficiary can determine whether there has been a loss.

• Other. The budget proposal would also continue the following provisions related to the trust programs—
o Authorize use of unobligated balances from prior appropriations acts for OST or BIA for trust management reform, other than activities related to historical accounting, which is limited to the appropriated amount. (Sec. 104)

NATIONAL PARK SERVICE

The FY 2014 budget request for several National Park Service (NPS) programs are as follows:

o Tribal historic preservation grants – $8.9 million, level funding. These funds aid tribes in assuming the State Historic Preservation Office (SHPO) duties on tribal lands. The NPS estimates the FY 2014 funds would result in awards of "150 grants to support Tribal Historic Preservation Offices (THPOs), with approximately 25 competitive individual project grants."

o Competitive Grants to Underrepresented Communities – $3 million. Funds awarded under this new program would be used "for the survey and nomination of properties associated with communities underrepresented, as determined by the Secretary, on the National Register and as National Historic Landmarks." (National Park Service Budget Justification, HPF-5) An Indian tribe, band, nation, or other organized group or community, including a Native village, Regional Corporation or Village Corporation, would be among those eligible to apply for a grant.

o Native American Graves Protection and Repatriation Act (NAGPRA) grants –
$1.7 million, level funding. Funds are for tribes and Native Hawaiian Organizations to document repatriation requests and for museums to meet inventory and other NAGPRA requirements.

FISH AND WILDLIFE SERVICE

State and Tribal Wildlife Grants
FY 2012 Enacted $61,323,000
FY 2014 Admin. Request $61,323,000

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 FY 2014 budget proposes $4.2 million of the total for the tribal competitive grants program, same as in FY 2012.

OFFICE OF NAVAJO AND HOPI RELOCATION

FY 2012 Enacted $7,737,000
FY 2014 Admin. Request $8,100,000

Funds are used for activities related to the settlement of a northern Arizona land dispute between the two tribes.

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE
CULTURE AND ARTS DEVELOPMENT

FY 2012 Enacted $ 8,519,000
FY 2014 Admin. Request $11,369,000

Within the above total, $2 million is forward funding for school operations. Funds are used to support the operational costs of the Institute, a multi-tribal higher education center focused on the study, application, preservation and care of Indian arts and culture.

Please let us know if we may provide additional information or assistance regarding the FY 2014 budget request for programs in the Indian Affairs 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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