DOI Self Governance Orientation Negotiations Negotiation Overview Presidents
DOI Self Governance Orientation Negotiations Negotiation Overview Presidents State of the Union Feb BIA Green Book Published Mar Draft Negotiation Guidance April Final Negotiation Guidance issued May OSG Negotiator contacts Tribe
Negotiation Overview Tribe requests negotiations begin Face-to-Face negotiations upon Tribal request Tribe can request pre-negotiation meeting, if necessary Subsequent meetings held, if necessary Negotiation Teams Federal Team
Tribal Team OSG Negotiator - Lead negotiator for the Assistant Secretary Indian Affairs BIA Regional Director Lead negotiator for BIA programs BIA Regional Director Responsible for
coordinating with and notifying pertinent BIA program offices Tribal lead negotiator as designated by tribe Team membership designated by tribe Governing body Administrator
Legal Finance Program Negotiation Process Negotiations must address: Specific intentions of the Tribe (programs to be included) Legal or program issues identified as concerns by the BIA or Tribe
Options for negotiating programs and related budget amounts Dates for conducting and concluding negotiations Protocols for conducting negotiations Who will prepare an initial draft of the Compact/Funding Agreement DOI Self Governance Orientation What Exactly is Negotiated?
Self Governance Compact A compact should generally include: The authority and purpose Terms, provisions, and conditions of the compact Obligations of the Tribe and United States Other provisions
Annual Funding Agreement (AFA) AFAs are legally binding and mutually enforceable written agreements negotiated and entered into annually between a selfgovernance Tribe/Consortium and the BIA. Annual Funding Agreements (AFAs) The AFA must specify the programs that are included It must also specify the applicable funding: Retained by the BIA for inherently federal
functions identified as BIA residuals To be transferred to the Tribe/Consortium Retained by the BIA to carry out functions that the Tribe/Consortium could have assumed but elected to leave with the BIA (Retained Tribal Share) Multi-Year Agreement (MFA) At the option of the Tribe/Consortium, and subject to the availability of Congressional appropriations, a FA may
exceed one year (Multi-year Funding Agreement or MFA) Reprogramming Request Worksheet Key financial document to be completed at negotiations Specifies funding amounts Specifies the sources of funding to be transferred Footnotes identify unique factors concerning programs and/or amounts
Worksheets / Reprogramming Requests / Funding Agreement Online DOI Self Governance Orientation What Resources are Available for SG Negotiations?
Federal Law Statutes Snyder Act Johnson OMalley Act Indian Self Determination and Education Assistance Act (P.L. 93-638, as amended) Title I (25 USC 5301 et seq) Title IV (25 USC 5361) and Regulations
25 CFR Part 1000 Subpart E for BIA Programs Subpart G Negotiation Process for AFAs Subpart Q (Miscellaneous) Appendix A Model Compact OSG Negotiation Guidance to Federal Negotiators March - Presidents Budget Request (Green Book) published
- Draft circulated to feds April - Draft released for Tribal comment - SG Annual Conference May - Final version OSG Negotiation Guidance to Federal Negotiators Programs Requiring Special Attention Trust Programs
Contract Support Transportation Program Law Enforcement OSG Negotiation Guidance to Federal Negotiators Attachments to Final Guidance: Process Checklist Anticipated Data Calls Model AFA
Model Addenda: Tribal Transportation Program, Appraisals Services, Beneficiary Processes Program Green Book (Presidents BIA Budget Request to Congress) Organization Charts, Maps Executive Summary Tribal Priorities Program Changes
Summary Tables BIA Programs Budget Tables Program Changes Program Overview (program descriptions) Green Book (Presidents BIA Budget Request to Congress) Appendices: Justice Services bases
Tribal Priority Allocation (TPA) tables Bureau Regional Allocations Self Governance Compact Participation Self Governance Compact by Tribe/Consortium (SG Tribes Base funding) Consolidated Tribal Government Program Timelines Complete Funding Agreement negotiations: Fiscal year FAs by June 30
Calendar year FAs by October 1 Who is my OSG negotiator? Matt or Gordon Ken or Vickie Alaska Eastern
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