Skip to Content
 
Our firm assisted tribal 8(a) enterprise to set up meetings and briefings with U.S. and multilateral development agencies and firms to explore opportunities for tribes and tribal enterprises to enter into the arena of international development consulting.

General Memorandum 14-021

General Memorandum 14-021
Indian Affairs FY 2014 Appropriations; Contract Support Costs Fully Funded

On January 17, 2014, President Obama signed the Consolidated Appropriations Act, 2014, as Public Law 113-76. This Act includes all twelve FY 2014 appropriations bills, and we report here on the Indian Affairs budget which includes the Bureau of Indian Affairs (BIA) and the Bureau of Indian Education (BIE). The BIA and BIE developed their FY 2014 Operating Plans as required by PL 113-76 which provides for full funding for Contract Support Costs and makes reductions in order to stay within the overall spending cap.
The Indian Affairs FY 2014 Operating Plan may be found here: http://www.doi.gov/budget/upload/IA_Operating_Plan.pdf . The National Congress of American Indians took the chart provided in the Operating Plan and added additional columns to show the percentage difference between the FY 2014 Enacted funding level for a program vs. the FY 2013 Enacted level and the difference between the FY 2014 Enacted level and the FY 2013 Post-Sequester level. A copy is attached.

LEGISLATIVE PROVISIONS

As mentioned above, the Acts includes funding to fully fund Contract Support Costs; thus it does not contain an aggregate cap as has been in past appropriations statutes. It does, consistent with the Interior appropriations acts for FYs 1999-2013, attempt to limit the ability of the IHS and BIA to fund past-year shortfalls in Contract Support funding from remaining unobligated balances for those fiscal years (section 406). This provision has been included in the appropriations act for many years and has not precluded recovery on past-year CSC claims.

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 Law 110-5 and 110-28), Public Laws 110-92, 110-116, 110-137, 110-149, 110-161, 110-329, 111-6, 111-8 and 111-88, 112-10, 112-74 and 113-6 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 for 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.

OPERATION OF INDIAN PROGRAMS

FY 2013 Enacted $2,363,002,000
FY 2013 Post-Sequester $2,243,891,000
FY 2014 Admin. Request $2,183,774,000
FY 2014 Enacted $2,378,763,000

BUREAU OF INDIAN AFFAIRS

FY 2013 Enacted $1,568,911,000
FY 2013 Post-Sequester $1,489,827,000
FY 2014 Admin. Request $1,379,739,000
FY 2014 Enacted $1,590,009,000

TRIBAL GOVERNMENT

FY 2013 Enacted $521,786,000
FY 2013 Post-Sequester $495,485,000
FY 2014 Admin. Request $301,164,000
FY 2014 Enacted $535,082,000

The Tribal Government subactivities are: Aide to Tribal Government; Consolidated Tribal Government Program; Self-Governance Compacts; Contract Support; Indian Self-Determination Fund; New Tribes; Small and Needy Tribes; Roads Maintenance; and Tribal Government Program Oversight. For budget details by program, see page 1 of the attached chart.

Contract Support Costs

FY 2013 Enacted $220,767,000
FY 2013 Post Sequester $209,638,000
FY 2014 Admin. Request $231,000,000
FY 2014 Enacted $247,000,000

The Administration's proposed budget would have transferred Contract Support to a new account apart from OIP and capped each tribe's payment of CSC below full funding. Congress rejected the Administration's proposal and instead instructed the IHS and the BIA to fully fund Contract Support Costs. The $247 million provided in the Indian Affairs Operating Plan for FY 2014 is estimated to meet the full CSC need. Congress called on the Administration to work with them and with tribes on a long-term solution to meet the legal obligation of paying CSC. A work plan and announcement of consultation with tribes is to be completed within 120 days of enactment (May 17, 2014). The IHS and the BIA will begin consultation on this matter on March 11 at the National Congress of American Indians Winter Session in Washington, DC.

HUMAN SERVICES

FY 2013 Enacted $135,615,000
FY 2013 Post-Sequester $128,779,000
FY 2014 Admin. Request $126,095,000
FY 2014 Enacted $132,778,000

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 1 of the attached chart.

The FY 2014 proposed budget would have eliminated the Housing Improvement Program (HIP); however, the FY 2014 Enacted budget simply cuts it by $4.5 million from the FY 2013 Enacted level. The Administration had proposed the elimination of HIP 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.

TRUST–NATURAL RESOURCES MANAGEMENT

FY 2013 Enacted $162,529,000
FY 2013 Post-Sequester $154,337,000
FY 2014 Admin. Request $189,193,000
FY 2014 Enacted $184,295,000

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 1-2 of the attached chart.

TRUST–REAL ESTATE SERVICES

FY 2013 Enacted $130,334,000
FY 2013 Post-Sequester $123,762,000
FY 2014 Admin. Request $128,891,000
FY 2014 Enacted $126,758,000

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 2 of the attached chart.

• Litigation Support/Attorney Fees – This account falls under the Rights Protection Subactivity. It was not funded in FY 2013 but, consistent with the President's FY 2014 Budget request, it received $1.5 million. These funds provide support to 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.

PUBLIC SAFETY AND JUSTICE

FY 2013 Enacted $344981,000
FY 2013 Post-Sequester $327,592,000
FY 2014 Admin. Request $365,261,000
FY 2014 Enacted $350,000,000

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

COMMUNITY AND ECONOMIC DEVELOPMENT

FY 2013 Enacted $34,722,000
FY 2013 Post-Sequester $32,972,000
FY 2014 Admin. Request $36,654,000
FY 2014 Enacted $35,300,000

The Community and Economic Development subactivities are: Job Placement and Training; Economic Development; Minerals and Mining; and Community Development Oversight. For budget details by program, see page 3 of the attached chart.

EXECUTIVE DIRECTION AND ADMINISTRATIVE SERVICES

FY 2013 Enacted $238,944,000
FY 2013 Post-Sequester $226,900,000
FY 2014 Admin. Request $232,481,000
FY 2014 Enacted $225,782,000

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. For budget details by program, see pages 3-4 of the attached chart.

• Assistant Secretary Support – The President's Budget had requested a $2.2 million increase and an offset of $766,000, for total funding of $12.7 million. The programmatic increase was to be comprised of $2 million for an independent evaluation of the BIE school system, and $1 million for a comprehensive evaluation that was 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; however, the FY 2014 Enacted level for the Assistant Secretary Support subactivity is $11.1 million ($1.6 million below the requested amount). The offset would have been taken proportionally from the offices which support the AS-IA, i.e., Office of Public Affairs, Office of Congressional and Legislative Affairs, among others.

BUREAU OF INDIAN EDUCATION

FY 2013 Enacted $794,092,000
FY 2013 Post-Sequester $754,064,000
FY 2014 Admin. Request $802,756,000
FY 2014 Enacted $788,754,000

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 Bureau of Indian Education 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. For budget details by program, see page 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.
-- Requested School Operations Reduction Denied. The President's request included a $16 million reduction in Indian School Equalization Program ISEP formula funds in order to establish a new Education Turnaround Pilot Program ($15 million) and fund other priorities. The FY 2014 Enacted Budget keeps the funds in ISEP and does not fund the proposed Education Turnaround Pilot Program.

CONSTRUCTION

FY 2013 Enacted $105,698,000
FY 2013 Post-Sequester $105,698,000
FY 2014 Admin. Request $107,124,000
FY 2014 Enacted $110,124,000

The Construction Budget was shielded from sequestration in FY 2013, perhaps largely because the Replacement School Construction subactivity (funded at $17.8 million in FY 2012) was not funded in FY 2013 and nor were any funds requested in the President's FY 2014 Request. Further information on the Replacement School Construction subactivity is detailed under the Education Construction section below.

EDUCATION CONSTRUCTION

FY 2013 Enacted $52,779,000
FY 2013 Post-Sequester $52,779,000
FY 2014 Admin. Request $52,285,000
FY 2014 Enacted $55,285,000

The Education Construction subactivities are: Replacement School Construction; Employee Housing Repair; and Facilities Improvement and Repair. The Administration's proposal continued the budgetary focus on facilities maintenance and repair at multiple sites, thus no funds were sought for the school construction program in order to continue the facilities maintenance and repair program for all 183 schools rather than undertake the construction of new school facilities. While the President's request was zero, the Enacted amount for FY 2014 is $954,000 for this subactivity. For budget details by program, see page 5 of the attached chart.

PUBLIC SAFETY & JUSTICE (PS&J) CONSTRUCTION

FY 2013 Enacted $11,283,000
FY 2013 Post-Sequester $11,283,000
FY 2014 Admin. Request $11,306,000
FY 2014 Enacted $11,306,000

The Public Safety & Justice Construction subactivities are: Facilities Replacement/New Construction; Employee Housing; Facilities Improvement and Repair; Fire Safety Coordination; Fire Protection. No funds were requested and no funds were appropriated for Facilities Replacement/New Construction. For budget details by program, see page 5 of the attached chart.

RESOURCES MANAGEMENT CONSTRUCTION

FY 2013 Enacted $32,657,000
FY 2013 Post-Sequester $32,657,000
FY 2014 Admin. Request $32,759,000
FY 2014 Enacted $32,759,000

The Resources Management Construction subactivities are: Irrigation Project Construction; Engineering and Supervision; Survey and Design; Federal Power and Compliance; and Dam Projects. For budget details by program, see page 5 of the attached chart.

OTHER PROGRAM CONSTRUCTION

FY 2013 Enacted $8,979,000
FY 2013 Post-Sequester $8,979,000
FY 2014 Admin. Request $10,774,000
FY 2014 Enacted $10,774,000

The Other Program Construction subactivities are: Telecommunications Improvement and Repair; Facilities/Quarters Improvement and Repair; and Construction Program Management. For budget details by program, see page 6 of the attached chart.

If we may provide additional information or assistance regarding FY 2014 Indian Affairs appropriations, please contact us at the information below.

# # #

Inquiries may be directed to:
Moriah O'Brien (mobrien@hobbsstraus.com)

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


© 2010 HOBBS, STRAUS, DEAN & WALKER, LLP
WASHINGTON, DC  |  PORTLAND, OR  |  OKLAHOMA CITY, OK  |  SACRAMENTO, CA  |  ANCHORAGE, AK
X
Loading