Overview of Tribal Self-Governance Program and PROGRESS Act

The Tribal Self-Governance Program, under the Indian Self-Determination and Education Assistance Act, allows tribes to operate services efficiently. The PROGRESS Act, signed into law in 2020, enhances self-governance and self-determination for Indian tribes by creating administrative efficiencies. It also establishes the Negotiated Rulemaking Committee to revise regulations. PSFAs and Tribal Shares play a key role in the program, enabling tribes to perform various functions and activities through contracts or compacts. Tribes have options to receive services directly from the BIA or operate under specific agreements.

• Tribal Self-Governance Program
• PROGRESS Act
• Indian tribes
• PSFAs
• Negotiated Rulemaking

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1. 1 DOI Self Governance Tribal Shares Vickie Hanvey, MBA, CPA, CFE Program Policy Analyst DOI Office of Self Governance

2. 2 Indian Self-Determination and Education Assistance Act P.L. 93-638, as amended (ISDEAA) Timeline 1975 1987 1988 1992 1994 2000 2020 ISDEA Arizona Republic Fraud in Indian Country Tribal Self-Governance Demonstration Project DOI Demonstration Project extended to IHS Authorization of SG as permanent option for DOI Authorization of SG as permanent option for IHS PROGRESS Act (Title IV Amendments)

3. PROGRESS Act Practical Reforms & Other Goals to Reinforce the Effectiveness of Self Governance & Self Determination for Indian Tribes (PROGRESS) Act (Pub.L. No. 116-180) signed into law October 21, 2020 amends ISDEAA Title IV creates opportunity for administrative efficiencies by enabling tribes to operate under similar statutory frameworks. 3

4. PROGRESS Act Negotiated Rulemaking Committee The Committee will negotiate and advise the Secretary of the Interior (Secretary) through the Office of Self Governance and the Assistant Secretary - Indian Affairs to develop the text of a proposed rule to implement Title IV of the Indian Self- Determination and Education Assistance Act (ISDEAA) regarding the Tribal Self-Governance Program as amended by the PROGRESS Act. It is anticipated that the proposed rule developed by the Committee will revise the current regulations implementing the Tribal Self- Governance Program codified at 25 C.F .R. Part 1000 to amend, delete, and add provisions as appropriate to implement the PROGRESS Act. 4

5. 5 PSFAs and Tribal Shares Associated funds (to perform the work) Work to be performed

6. 6 Tribal Shares (associated funds) PSFAs (work to be performed) A B C D L M N .. X Y Z A B C D L M N .. X Y Z Contract or Compact Tribe to perform Transferred for transfer Available: Available: Retained at DOI DOI to perform Inherent Federal Functions Not Available to Tribe Residual Funds to perform IFF

7. 7 Program, Services, Functions & Activities PSFAs (work to be performed) Tribes have the option to: Receive services directly from the BIA, Operate services under a P.L. 93-638 Title I Contract, Operate services under a P.L. 93-638 Title IV Compact and Funding Agreement A combination of service provisions of the three options above. A B C D L M N .. X Y Z Contract or Compact Tribe to perform Available: DOI to perform Inherent Federal Functions Not Available to Tribe

8. 8 Inherent Federal Function means a Federal function that may not legally be delegated to an Indian Tribe. PSFAs (work to be performed) A B C D L M N .. X Y Z 25 CFR 1000.94, those functions that only BIA employees could perform if all Tribes were to assume responsibilities for all BIA programs that the Act permits. Contract or Compact Tribe to perform Available: DOI to perform Examples: transferring Federal funding supervising Federal employees developing Federal administrative policy Inherent Federal Functions Not Available to Tribe

9. 9 Tribal Shares (associated funds) PSFAs (work to be performed) A B C D L M N .. X Y Z A B C D L M N .. X Y Z Contract or Compact Tribe to perform Transferred for transfer Available: Available: Retained at DOI DOI to perform Inherent Federal Functions Not Available to Tribe Residual Funds to perform IFF

10. 10 PSFAs and Tribal Shares 25 CFR 1000.97: (existing regulation) A Tribal Share is the amount determined for a particular Tribe/Consortium for a particular program at BIA Regional, Agency and Central Office s

11. 11 Tribal Shares (associated funds) Funds that are transferred to the Tribe are equal to the amount the Tribe would have been eligible to receive under contracts and grants for direct programs, funds that are specifically or functionally related to providing services to Tribal members (and any funds available to Tribes from other agencies). A B C D L M N .. X Y Z Transferred for transfer Available: Retained at DOI Residual Funds to perform IFF

12. 12 Tribal Shares (associated funds) Retained Tribal shares A B C D L M N .. X Y Z Transferred means those funds that were available as a Tribal share but under the funding agreement were left with BIA to administer. for transfer Available: Retained at DOI Residual Funds to perform IFF

13. 13 Tribal Shares (associated funds) Residual funds means funding that is necessary for the Bureau of Indian Affairs (BIA) to carry out inherent Federal functions that cannot be delegated to a Tribe by law. A B C D L M N .. X Y Z Transferred for transfer Available: Retained at DOI Residual Funds to perform IFF

14. 14 Questions