On September 25, the Senate Interior Appropriations Subcommittee released a draft FY 2013 Interior appropriations bill and budget chart. The “Chairman’s mark of the Fiscal Year 2013 Interior, Environment, and Related Agencies Appropriations Bill” contains appropriations for both Indian Affairs and the Environmental Protection Agency. There is no Senate report accompanying the bill (which does not have an assigned number).
In this Memorandum we highlight key proposed funding levels for Indian Affairs (Bureau of Indian Affairs (BIA)/Bureau of Indian Education (BIE)) and selected programs in the Environmental Protection Agency (EPA) and compare them to the Administration’s and House Committee’s requests. We also note legislative language and provisions of particular interest as contained in the draft Senate Subcommittee bill. We attach the Indian Affairs (IA) budget chart for the draft Senate Subcommittee bill. Detailed information on the distribution of increases or decreases by account level will not be available until the IA releases its detailed budget chart.
Currently federal agencies are operating under a Continuing Resolution (CR), which provides funding for the first six months of FY 2013 (October 1, 2012, through March 27, 2013) at an annualized amount slightly above their FY 2012 levels. It is uncertain whether Congress will be able to enact full FY 2013 appropriations measures, a year-long CR, or a sequestration alternative when it returns after the November elections.
INDIAN AFFAIRS
The draft Senate Subcommittee bill would provide nearly $2.51 billion for Indian Affairs, which is $18.2 million less than the FY 2012 level. This would also be $13.5 million below the budget request and $5.5 million below the House Committee level. Within the draft Senate Subcommittee-recommended total are $2.3 billion for the Operation of Indian Programs (OIP; $1.8 million below the FY 2012 level) and $105.9 million for Construction ($17.7 million decrease from FY 2012).
In general, the draft Senate Subcommittee bill provides funding along the Administration’s request levels, except for:
• Trust-Natural Resources Management – a $7.7 million decrease, comprised of reductions to Rights Protection Implementation (-$3.5 million); Tribal Management/Development Program (-$2 million); Cooperative Landscape Conservation (-$799,000); Agriculture and Range (-$500,000) and Forestry
(-$1 million).
• Public Safety and Justice – a $4.5 million decrease, comprised of reductions to Law Enforcement (-$3.5 million) and Tribal Courts (-$1 million).
The most significant differences compared to the House Committee recommendations are:
• Bureau of Indian Education – The draft Senate Subcommittee bill does not include the additional $12.9 million increase for the Bureau of Indian Education Tribal Grant Support Costs, and the additional $9.2 million for Education Construction that were proposed in the House Committee bill.
• Public Safety and Justice – a $12.5 million decrease due to reductions under Law Enforcement and Tribal Courts.
OPERATION OF INDIAN PROGRAMS
FY 2012 Enacted $2,367,738,000
FY 2013 Admin. Request $2,379,431,000
FY 2013 House Committee $2,404,672,000
FY 2013 Senate Subcommittee $2,365,853,000
BUREAU OF INDIAN AFFAIRS
TRIBAL GOVERNMENT
FY 2012 Enacted $519,331,000
FY 2013 Admin. Request $529,158,000
FY 2013 House Committee $531,408,000
FY 2013 Senate Subcommittee $529,158,000
Contract Support Costs (CSC)
FY 2012 Enacted $219,209,000
FY 2013 Admin. Request $228,000,000
FY 2013 House Committee $228,000,000
FY 2013 Senate Subcommittee $228,000,000
Roads Maintenance
FY 2012 Enacted $25,390,000
FY 2013 Admin. Request $25,155,000
FY 2013 House Committee $27,405,000
FY 2013 Senate Subcommittee $25,155,000
HUMAN SERVICES
FY 2012 Enacted $136,360,000
FY 2013 Admin. Request $135,151,000
FY 2013 House Committee $135,151,000
FY 2013 Senate Subcommittee $135,151,000
TRUST–NATURAL RESOURCES MANAGEMENT
FY 2012 Enacted $157,245,000
FY 2013 Admin. Request $162,109,000
FY 2013 House Committee $162,109,000
FY 2013 Senate Subcommittee $154,310,000
TRUST–REAL ESTATE SERVICES
FY 2012 Enacted $126,759,000
FY 2013 Admin. Request $127,813,000
FY 2013 House Committee $127,813,000
FY 2013 Senate Subcommittee $127,813,000
PUBLIC SAFETY AND JUSTICE
FY 2012 Enacted $346,223,000
FY 2013 Admin. Request $353,882,000
FY 2013 House Committee $361,882,000
FY 2013 Senate Subcommittee $349,382,000
COMMUNITY AND ECONOMIC DEVELOPMENT
FY 2012 Enacted $34,810,000
FY 2013 Admin. Request $34,333,000
FY 2013 House Committee $35,333,000
FY 2013 Senate Subcommittee $34,333,000
EXECUTIVE DIRECTION AND ADMINISTRATIVE SERVICES
FY 2012 Enacted $251,530,000
FY 2013 Admin. Request $239,573,000
FY 2013 House Committee $239,573,000
FY 2013 Senate Subcommittee $239,573,000
• Contract Support Limitation. As requested, both bills 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.
• Disaster Relief Language. As requested, both bills 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 language, the Bureau would be prevented from using unobligated funds to provide additional welfare assistance, such as occurred during the 2005 Hurricane Katrina disaster.
• Tribal Shares Language. As requested, both bills would continue bill language regarding tribal shares.
• TPA Redistribution. As requested, both bills would continue a provision from prior Interior appropriations acts (FYs 1999-2012), which authorizes redistribution of TPA and tribal base funds to alleviate funding inequities.
• Status of Appropriations Balances. The draft bill does not include the House Committee bill provision that would continue FY 2012 language that requires the DOI, IHS, EPA and Forest Service to provide Congress quarterly reports on the balances of appropriations.
• Indian Law and Order Commission. The draft Subcommittee bill does not include the House Committee proposed a one-year extension for the Commission to complete its congressionally mandated work.
• Carcieri Fix. Neither the House nor draft Senate Subcommittee version of the Interior Appropriations bill include the Administration-proposed language that would provide a “clean” Carcieri fix that would have reversed the U.S. Supreme Court’s 2009 decision that the Interior Secretary did not have authority to take land into trust for tribes recognized after 1934.
BUREAU OF INDIAN EDUCATION
FY 2012 Enacted $795,480,000
FY 2013 Admin. Request $796,133,000
FY 2013 House Committee $810,124,000
FY 2013 Senate Subcommittee $796,133,000
Bill Language
• Multi-Program Contractors. As requested, both bills would 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.
• Eligibility for School Operations Funding. With the reinstatement of the Jones Academy as eligible for school operations funding starting in SY12-13, the Administration proposed, and both bills include, changes to bill text on eligibility for these funds. The bill language states:
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 2013 Admin. Request $69,793,000
FY 2013 House Committee $69,793,000
FY 2013 Senate Subcommittee $69,793,000
Post Secondary Programs (Non-Forward Funded)
FY 2012 Enacted $61,435,000
FY 2013 Admin. Request $62,052,000
FY 2013 House Committee $62,052,000
FY 2013 Senate Subcommittee $62,052,000
CONSTRUCTION
FY 2012 Enacted $123,630,000
FY 2013 Admin. Request $105,910,000
FY 2013 House Committee $117,110,000
FY 2013 Senate Subcommittee $105,910,000
Education Construction
FY 2012 Enacted $70,826,000
FY 2013 Admin. Request $52,866,000
FY 2013 House Committee $62,066,000
FY 2013 Senate Subcommittee $52,866,000
The draft bill does not include the House Committee-recommended $9.2 million increase to Education Construction for Replacement School Construction funding, and a $2 million increase for Construction Management.
Public Safety & Justice (PS&J) Construction
FY 2012 Enacted $11,311,000
FY 2013 Admin. Request $11,306,000
FY 2013 House Committee $11,306,000
FY 2013 Senate Subcommittee $11,306,000
Resources Management Construction
FY 2012 Enacted $32,959,000
FY 2013 Admin. Request $32,733,000
FY 2013 House Committee $32,733,000
FY 2013 Senate Subcommittee $32,733,000
Bill Language
• School Construction. 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.
• 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.
INDIAN ARTS AND CRAFTS BOARD
FY 2012 Enacted $1,279,000
FY 2013 Admin. Request $1,279,000
FY 2013 House Committee $1,279,000
FY 2013 Senate Subcommittee –0–
It appears the Senate Committee bill does not concur with the Administration’s proposed transfer of 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)
NON-BIA PROGRAMS
OFFICE OF SPECIAL TRUSTEE
FY 2012 Enacted $152,075,000
FY 2013 Admin. Request $146,000,000
FY 2013 House Committee $146,000,000
FY 2013 Senate Subcommittee $146,000,000
Bill Language
The bills, consistent with the Administration’s proposal, would continue the following provisions—
o The proposed budget would continue language to extend the statute of limitations on filing tribal and individual Indian mismanagement claims.
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)
o Pay private attorneys for the costs of legal representation for employees and former employees incurred in connection with Cobell v. Salazar. (Sec. 106)
NATIONAL PARK SERVICE
Tribal historic preservation grants – Both bills, consistent with the Administration’s proposal, would provide $8.9 million, level funding. These funds aid tribes in assuming the State Historic Preservation Office (SHPO) duties on tribal lands.
FISH AND WILDLIFE SERVICE
State and Tribal Wildlife Grants
FY 2012 Enacted $61,323,000
FY 2013 Admin. Request $61,323,000
FY 2013 House Committee $30,662,000
FY 2013 Senate Subcommittee $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 Senate Subcommittee bill would provide the Administration-proposed $4.2 million from the above total for the tribal competitive grants program, same as in FY 2012. The House Committee bill would provide $2.1 million.
OFFICE OF NAVAJO AND HOPI RELOCATION
FY 2012 Enacted $7,738,000
FY 2013 Admin. Request $8,400,000
FY 2013 House Committee $7,600,000
FY 2013 Senate Subcommittee $7,962,000
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 2013 Admin. Request $9,369,000
FY 2013 House Committee $8,348,000
FY 2013 Senate Subcommittee $8,808,000
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.
ENVIRONMENTAL PROTECTION AGENCY
FY 2012 Enacted $8,449,385,000
FY 2013 Admin. Request $8,344,480,000
FY 2013 House Committee $7,055,041,000
FY 2013 Senate Subcommittee $8,515,832,000
The Senate Subcommittee draft would provide $8.5 billion for the EPA, which is slightly more than the Administration’s budget request and nearly $1.5 billion above the House Committee’s level. There are a limited number of tribal-specific programs under the EPA but tribes are often eligible for the larger grant programs. We report below on several programs of interest to tribes.
STATE AND TRIBAL ASSISTANCE GRANTS
FY 2012 Enacted $3,612,937,000
FY 2013 Admin. Request $3,355,723,000
FY 2013 House Committee $2,602,043,000
FY 2013 Senate Subcommittee $3,626,951,000
There are two categories of assistance under the State and Tribal Assistance Grants (STAG), e.g., Infrastructure Assistance Grants ($2.5 billion), and Categorical Grants (nearly $1.1 billion). Of the $1.5 billion decrease in EPA’s budget envisioned by the House Committee, $1 billion would come from the State and Tribal Assistance Grants. The Senate Subcommittee would restore this funding to a level slightly above the FY 2012 enacted level.
Infrastructure Assistance Grants
• Brownfields Projects
FY 2012 Enacted $94,848,000
FY 2013 Admin. Request $93,291,000
FY 2013 House Committee $60,000,000
FY 2013 Senate Subcommittee $94,848,000
• Safe Drinking Water Revolving Loan Fund
FY 2012 Enacted $917,892,000
FY 2013 Admin. Request $850,000,000
FY 2013 House Committee $829,000,000
FY 2013 Senate Subcommittee $917,892,000
• Clean Water State Revolving Loan Fund
FY 2012 Enacted $1,466,456,000
FY 2013 Admin. Request $1,175,000,000
FY 2013 House Committee $ 689,000,000
FY 2013 Senate Subcommittee $1,466,456,000
• Water Supply and Wastewater Infrastructure Grants for Alaska Rural and Native Villages
FY 2012 Enacted $ 9,984,000
FY 2013 Admin. Request $10,000,000
FY 2013 House Committee –0– .
FY 2013 Senate Subcommittee $10,000,000
The Alaska Rural and Native Village Program, administered by the State of Alaska, provides infrastructure funding to Alaska Native Villages and rural Alaska communities that lack access to basic drinking water and sanitation infrastructure. Last year the House Appropriations Committee attempted to zero out this line item but the Senate Appropriations Committee restored the funding. This year, the House Appropriations Committee has made another effort to do so and the Senate Subcommittee has, once again, restored the funding.
Categorical Grants
• Tribal General Assistance Program (GAP)
FY 2012 Enacted $67,631,000
FY 2013 Admin. Request $96,375,000
FY 2013 House Committee $67,631,000
FY 2013 Senate Subcommittee $67,631,000
• Tribal Air Quality Management
FY 2012 Enacted $13,252,000
FY 2013 Admin. Request $13,566,000
FY 2013 House Committee $13,252,000
FY 2013 Senate Subcommittee $13,252,000
• Underground Storage Tanks (LUST/UST)
FY 2012 Enacted $1,548,000
FY 2013 Admin. Request $1,490,000
FY 2013 House Committee $1,490,000
FY 2013 Senate Subcommittee $1,490,000
• Brownfields Grants
FY 2012 Enacted $49,317,000
FY 2013 Admin. Request $47,572,000
FY 2013 House Committee $47,572,000
FY 2013 Senate Subcommittee $49,317,000
• Section 319 Non-Point Source Pollution Grants
FY 2012 Enacted $164,493,000
FY 2013 Admin. Request $164,757,000
FY 2013 House Committee $150,505,000
FY 2013 Senate Subcommittee $164,493,000
• Wetland Program Development Grants
FY 2012 Enacted $15,143,000
FY 2013 Admin. Request $15,167,000
FY 2013 House Committee $15,167,000
FY 2013 Senate Subcommittee $15,143,000
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
• Brownfields
FY 2012 Enacted $23,642,000
FY 2013 Admin. Request $25,685,000
FY 2013 House Committee $23,642,000
FY 2013 Senate Subcommittee $24,424,000
• Underground Storage Tanks (LUST/UST)
FY 2012 Enacted $12,846,000
FY 2013 Admin. Request $12,283,000
FY 2013 House Committee $12,283,000
FY 2013 Senate Subcommittee $12,010,000
• Resource Conservation and Recovery Act (RCRA) Waste Management
FY 2012 Enacted $112,469,000
FY 2013 Admin. Request $117,298,000
FY 2013 House Committee $112,469,000
FY 2013 Senate Subcommittee $114,202,000
OTHER
The draft Senate bill includes the following provision regarding potential federal recognition for Native Hawaiians:
SEC. 427. Now and hereafter, in exercise of the authority delegated under sections 441, 442, 463, and 465 of the Revised Statutes (43 U.S.C. 1457; 25 U.S.C. 29), the Secretary shall consider for recognition the self-governing community that may include individuals enrolled under Act 195 (26th Haw. Leg. Sess. (2011)); Provided, That such community shall not be entitled to programs and services available to entities listed pursuant to section 104 of Public Law 103–454 except to the extent a statute governing such a program or service expressly provides that it applies to such community or its members; that such community may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law; and that section 2116 of the Revised Statutes (25 U.S.C. 177) shall have no present or past application in the State where such community is located.
Please let us know if we may provide additional information or assistance regarding the FY 2013 Interior, Environment and Related Agencies appropriations.
