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Attorneys from the firm advised the Tribal Negotiated Rulemaking Committee in developing the Indian Reservation Roads (IRR) Program regulations.

General Memorandum 14-015

General Memorandum 14-015
Agriculture FY 2014 Appropriations

This report covers the final FY 2014 funding levels for selected programs of particular interest to tribes, tribal organizations, and tribal colleges in the Department of Agriculture appropriations bill. It is included in the Consolidated Appropriations Act, 2014 (Act) (HR 3547, PL 113-76) which was signed into law on January 17, 2014. The Act provides funding for what would normally be all 12 separate appropriations bills. A Joint Explanatory Statement accompanies the Act, rather than a formal conference report. The House Report for the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations bill is H. Rpt. 113-116 and the Senate Report is S. Rpt. 113-46. These documents may be accessed on Congress's website: Thomas.loc.gov

The Joint Explanatory Statement notes that instructions in either the House or Senate Appropriations Committee reports accompanying the bill are approved unless specifically changed in the Statement.

In this Memorandum the term "FY 2013 Enacted" is the pre-sequestration funding level for FY 2013.

Buffalo/Bison Inspection of Tribally-Raised Buffalo. The House Report urges the Food Safety and Inspection Service (FSIS) to work with tribes on a buffalo/bison slaughter program:

The Committee urges FSIS to enhance its efforts to work with Tribes to set up voluntary, fee-for-service programs for the slaughter of Tribally-raised buffalo and bison. In doing so, FSIS should work with the Tribal Council and make the Council aware of such opportunities as mobile slaughter and trade associations such as the North American Meat Association and the American Association of Meat Processors which may be able to assist them in qualifying for inspection and starting operations. (H. Rpt. 113-116, p. 26)

Office of Tribal Relations

FY 2013 Enacted $ 485,000
FY 2014 Request $ 502,000
FY 2014 Enacted $ 498,000
Federally Recognized Tribes Extension Program

FY 2013 Enacted $2,963,000
FY 2014 Request $3,039,000
FY 2014 Enacted $3,039,000

Under the Federally Recognized Tribes Extension Program, state land grant universities provide education and resources for tribes in areas including range management, wildlife and fisheries enhancement and education for adults and youth.

The Senate Report comments on the limitation placed on competition for the program in FY 2013:

The Committee is concerned that in FY 2013, NIFA (National Institute of Food and Agriculture) limited competition for the Federally Recognized Tribes Extension Program funding to current awardees effectively excluding eligible tribes not currently funded from extension funding. NIFA has assured the Committee that this practice is exclusive and unique to fiscal year 2013, does not set precedent, and will not be replicated in any other program.
(S. Rpt. 113-46, p. 26)

Tribal Colleges Extension Services

FY 2013 Enacted $4,204,000
FY 2014 Request $4,312,000
FY 2014 Enacted $4,446,000

Native American Institutions Endowment Fund (tribal colleges)

FY 2013 Enacted $11,880,000
FY 2014 Request $11,880,000
FY 2014 Enacted $11,880,000

The Senate Report explains:
The Native American Institutions Endowment Fund authorized by Public Law 103-382 provides an endowment for the 1994 land-grant institutions (34 tribally controlled colleges). This program will enhance educational opportunity for Native Americans by building educational capacity at these institutions in the areas of student recruitment and retention, curricula development, faculty preparation, instruction delivery systems, and scientific instrumentation for teaching. Income funds are also available for facility renovation, repair, construction, and maintenance. On the termination of each fiscal year, the Secretary shall withdraw the income from the endowment fund for the fiscal year, and after making adjustments for the cost of administering the endowment fund, distribute the adjusted income as follows: 60 percent of the adjusted income from these funds shall be distributed among the 1994 land-grant institutions on a pro rata basis, the proportionate share being based on the Indian student count; and 40 percent of the adjusted income shall be distributed in equal shares to the 1994 land-grant institutions. (S. Rpt. 113-46, pp. 24-25)

1994 Institutions Equity Grants (tribal colleges)

FY 2013 Enacted $3,251,000
FY 2014 Request $3,335,000
FY 2014 Enacted $3,439,000

1994 Institution Research Initiative (tribal colleges)

FY 2013 Enacted $1,756,000
FY 2014 Request $1,801,000
FY 2014 Enacted $1,801,000

Every two years the tribal colleges compete for these funds.

Community Facility Grants for Tribal Colleges and Universities

FY 2013 Enacted $3,284,000
FY 2014 Request $4,000,000
FY 2014 Enacted $4,000,000

The Act also provides $5.9 million for a Rural Community Development Initiative "to develop the capacity and ability of private, nonprofit community-based housing and community development organizations, low-income rural communities, and Federally Recognized Native American Tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas." In FY 2013 USDA Rural Development provided $114.7 million in FY 2013 to help finance tribal essential communities via direct and guaranteed loans and grants. Most of the funds were direct loans.
Alaska Native/Native Hawaiian-Serving Higher Education Institutions

FY 2013 Enacted $3,114,000
FY 2014 Request $3,194,000
FY 2014 Enacted $3,194,000

The Act provides that the funds are to be divided equally between Hawaii and Alaska.

Rural Business Program Subsidy and Grants

FY 2013 Enacted $83,745,000
FY 2014 Request $51,777,000
FY 2014 Enacted $96,539,000
The Act provides that of the total, $4 million is for business grants for federally recognized tribes. Within the $4 million is $250,000 "for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development."

Among the programs funded under this account are the Rural Business Enterprise grants ($24.3 million) and the Rural Business Opportunity grants ($2.25 million). In FY 2013 there were 17 awards to tribes totaling $1.1 million under the Rural Business Opportunity program and 30 awards to tribes totaling $3.1 million under the Rural Business Enterprise Program.

Rural Development Direct Loan Fund Subsidy

FY 2013 Enacted $ 7,385,000
FY 2014 Request $12,324,000
FY 2014 Enacted $ 6,000,000

The Act reserves $531,000 of these funds for federally recognized tribes.

Rural Water and Waste Disposal Program Subsidy and Grants

FY 2013 Enacted $511,000,000
FY 2014 Request $304,000,000
FY 2014 Enacted $462,400,000

Within the total is $66.5 million in loans and grants for Native Americans, including Native Alaskans, the Colonias, and residents of Hawaiian Homelands. Also included is $800,000 for a qualified national Native American organization to provide technical assistance for rural water systems for tribal communities, and $15 million for a circuit rider program to provide technical assistance for rural water systems.

Indian Tribal Land Acquisition Loans

FY 2013 Enacted $2,000,000
FY 2014 Request $2,000,000
FY 2014 Enacted $2,000,000

Indian Highly Fractionated Land Loan Subsidy

FY 2013 Enacted $169,000
FY 2014 Request $ 68,000
FY 2014 Enacted $ 68,000

Both subsidies for FY 2013 and 2014 are intended to support $10 million in loans to individual Indians to purchase highly fractionated parcels of land.

Supplemental Nutrition Assistance Program (includes the Food Distribution Program on Indian Reservations.

FY 2013 Enacted $77.3 billion
FY 2014 Request $78.4 billion
FY 2014 Enacted $82.2 billion

The Act provides $104 million for the Food Distribution Program on Indian Reservations. In addition, bill language provides that $998,000 may be used "to provide nutrition education services to state agencies and Federally recognized tribes participating in the Food Distribution Program on Indian Reservations."

Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)

FY 2013 Enacted $6.9 billion
FY 2014 Request $7.1 billion
FY 2014 Enacted $6.7 billion

Currently 34 tribal organizations administer the WIC program.

Distance Learning and Telemedicine – Grants

FY 2013 Enacted $24,300,000
FY 2014 Request $24,950,000
FY 2014 Enacted $24,323,000

Within the total is $3 million for telemedicine and distance learning grants for health needs in the Mississippi River Delta area and $2 million for noncommercial educational broadcast stations that serve rural areas that are qualified for Community Service Grants by the Corporation for Public Broadcasting.

Broadband Telecommunications – Loan authorization

FY 2013 Enacted $42,200,000
FY 2014 Request $63,356,000
FY 2014 Enacted $34,483,000

The Joint Explanatory Statement directs the Rural Utilities Service "to focus expenditures on projects that bring broadband service to currently unserved households."

Broadband Telecommunications – Direct

FY 2013 Enacted $3,892,000
FY 2014 Request $8,268,000
FY 2014 Enacted $4,500,000

Broadband Telecommunications – Grants

FY 2013 Enacted $10,090,000
FY 2014 Request $10,372,000
FY 2014 Enacted $10,372,000

Please let us know if we may provide additional information regarding FY 2014 appropriations for Department of Agriculture programs.

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Inquiries may be directed to:
Karen Funk (kfunk@hobbsstraus.com)

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


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