In this Memorandum we compare the Administration’s FY 2016 request for Indian Affairs (which includes the Bureau of Indian Affairs (BIA) and Bureau of Indian Education (BIE)) appropriations with the FY 2016 amounts approved by the House and Senate Appropriations Committees. The House bill is currently being considered on the House floor. The President has issued a veto threat against that bill based on the policy riders it contains and the funding levels it would provide. Both House and Senate bills would provide important increases for Indian Affairs priorities above the FY 2015 enacted levels but do not break the overall spending caps set forth in the Budget Control Act. The President’s position on FY 2016 appropriations is that Members of Congress must come together to craft a budget deal similar to the deal reached for FYs 2014 and 2015 which provided increased discretionary spending in exchange for reductions elsewhere in the federal budget. The spending levels in the Administration’s FY 2016 request are based on an assumption that a budget deal will be reached for FY 2016 and the overall spending caps will be raised. Because Congress and the President are at odds, it is likely that FY 2016 appropriations will not be resolved until late into 2015. Attached in chart form is the Administration’s request. We describe in narrative only those subactivities and line items which differ significantly from FY 2015 enacted amounts and terms.
INDIAN AFFAIRS (IA) OVERVIEW
For FY 2016, the Administration requests $2.9 billion for Indian Affairs, $323.5 million above FY 2015 enacted levels. The House Appropriations Committee proposes $2.7 billion while the Senate Appropriations Committee proposes $2.6 billion.
Fixed Costs. The Administration’s request for the Indian Affairs budget includes $18.3 million to fully fund increases attributed to fixed costs. The House does not include increases for fixed costs in its proposal. Within the Indian Affairs budget, the Senate specifies the following regarding fixed costs for OPERATION OF INDIAN PROGRAMS:
Fixed costs have been included throughout the core programs based upon actual expenditures for the enacted fiscal year and internal transfers have been accepted. (S. Rept. 114-70, p. 37)
And fixed costs for CONSTRUCTION:
…fixed costs based upon actual expenditures have been included and internal transfers have been accepted. (S. Rept. 114-70, p. 40)
Indirect Costs. The House Report states:
The Committee is concerned that a recent Administration policy change with regard to indirect cost reimbursement may not fairly apply to Indian Tribes and tribal organizations. The Secretary is directed to report to the Committee justifying this policy change and in particular its application to tribal enrollment activities. (H. Rept. 114-170, p. 40)
Contract Support Costs (CSC). A major development is the Administration’s proposal to enact legislation to make BIA and IHS contract support costs (CSC) fully funded on a mandatory basis effective beginning in FY 2017. This proposal would require authorizing legislation. For FY 2016, the Administration requests and the House and Senate concur with a (discretionary) level of funding estimated to fully fund CSC for FY 2016 but differ in how to achieve this. The House proposes to keep Contract Support and the Indian Self-Determination Fund within the Operation of Indian Programs account. The Senate, however, proposes to create a new Contract Support Costs account, separate from the Operation of Indian Programs account, which would include both Contract Support and the Indian Self-Determination Fund. The Senate’s seemingly lower proposed amount for Operation of Indian Programs reflects this proposed transfer.
Tribal Grant Support Costs. The Administration proposes an increase above FY 2015 in order to fully fund Tribal Grant Support Costs for tribes operating BIE-funded schools. The House concurs, explaining that funding these costs is consistent with the policy of fully funding contract support costs.
Tiwahe (Family)Initiative. In FY 2015 the Administration, in response to the high rates of poverty, substance abuse, suicide, and violent crime in Indian Country (which put children at risk) proposed a comprehensive and integrated approach to address these often interrelated problems. The Administration requested $11.5 million for the Tiwahe Initiative which would broaden the focus to the family unit by: increasing the number of social workers dedicated to child protection; expanding job training opportunities; creating a pilot program to provide alternatives to incarceration and increased treatment opportunities; and expanding the qualification for housing services to alleviate overcrowding. For FY 2016 the Administration requests targeted increases to the Human Services activity and Public Safety and Justice activity to build on gains made in FY 2015. Congress largely agrees to the targeted increases for the Tiwahe initiative but differs in the amounts proposed.
Indian Reorganization Act – Carcieri Fix. The Administration continues to request language which would reverse the U.S. Supreme Court’s 2009 decision that the Secretary of the Interior does not have authority to take land into trust for tribes recognized after 1934. The language that the Administration requests is the same as that which was requested, but not enacted, in FYs 2011, 2012, 2013, 2014 and 2015. (FY 2016 Appendix, Budget of the U.S. Government, p. 716) Neither House Committee nor Senate Committee included this requested language.
Federal Recognition. The House bill contains language which would restrict the Secretary of Interior from moving forward with the proposed rule on Federal Acknowledgment. We note that since the bill’s drafting, the final rule was published in the FEDERAL REGISTER on July 1, 2015. (80 Fed. Reg. 37861 et seq.). The House bill states:
Provided further, That none of the funds made available by this or any other Act may be used by the Secretary to finalize, implement, administer, or enforce the proposed rule entitled “Federal Acknowledgement of American Indian Tribes” published by the Department of the Interior in the Federal Register on May 29, 2014 (79 Fed. Reg. 30766 et seq.). (H.R. 2822, p. 35)
OPERATION OF INDIAN PROGRAMS
FY 2015 Enacted $2,429,236,000
FY 2016 Admin. Request $2,660,591,000
FY 2016 House Committee $2,505,670,000
FY 2016 Senate Committee $2,232,419,000
Operation of Indian Programs (OIP) budget includes the Bureau of Indian Affairs (BIA) and the Bureau of Indian Education (BIE).
BUREAU OF INDIAN AFFAIRS
FY 2015 Enacted $1,618,705,000
FY 2016 Admin. Request $1,756,127,000
FY 2016 House Committee $1,651,510,000
FY 2016 Senate Committee $1,407,485,000
Activities within the Bureau of Indian Affairs are: Tribal Government; Human Services; Trust-Natural Resources Management; Trust-Real Estate Services; Public Safety and Justice; Community and Economic Development; and Executive Direction and Administrative Services.
FY 2015 Enacted $547,679,000
FY 2016 Admin. Request $583,767,000
FY 2016 House Committee $573,911,000
FY 2016 Senate Committee $301,517,000*
*This lower amount reflects the proposed transfer of Contract Support and the Indian Self-Determination Fund to a separate account.
The Tribal Government subactivities are: Aid to Tribal Government; Consolidated Tribal Government Program; Self-Governance Compacts; Contract Support; Indian Self-Determination Fund; New Tribes; Small and Needy Tribes; Road Maintenance; and Tribal Government Program Oversight. (See attached: Admin. Request, p. IA-ST-1)
Full Funding for Contract Support Costs: Administration, House, and Senate differ in how to achieve this. + $26 million above FY 2015 is requested, estimated to be enough to fully fund Contract Support. The House and Senate Committees concur with the Administration’s $272 million request for Contract Support but differ in how this would be achieved. For further information on Contract Support Costs, please see p. 19-22 of this Memorandum.
New Tribes. The Administration and Congress propose flat funding. The Senate Report states:
[The Committee] notes the challenge of reconciling the timing of the tribal recognition process with the annual budget formulation process. If additional tribes are recognized during fiscal year 2016 beyond those contemplated in the budget request, the Bureau is urged to support their capacity building efforts to the extent feasible. (S. Rept. 114-70, p. 37)
Small and Needy Tribes. + $1.2 million above FY 2015 is requested. The Administration notes “there are currently tribes and villages that receive less than the recommended TPA base funding. An analysis will be conducted to reexamine this group of tribes who have fallen below the established thresholds…” (Admin. Request, p. IA-TG-2). Congress proposes flat funding.
Tribal Government Program Oversight. + $4 million above FY 2015 is requested ($2 million for Central Oversight, $2 million for Regional Oversight) to develop a national One-Stop Tribal Support Center “to make it easier to for tribes to find and access information about the programs, services, and funding opportunities available to tribes across the federal government…The One-Stop center will advance an ‘all of government’ approach to meeting tribal needs, delivering on federal responsibilities, advancing government-to-government relationships, and supporting tribal nation building.” (Admin. Request, p. IA-TG-2). Congress proposes flat funding.
Road Maintenance. The Administration and the Senate propose flat funding. The House proposes a nominal increase. The House Report states:
The Committee recognizes that too many roads on Indian reservations are in poor condition and are a significant safety concern. (H. Rept. 114-170, p. 37)
FY 2015 Enacted $142,634,000
FY 2016 Admin. Request $149,004,000
FY 2016 House Committee $143,634,000
FY 2016 Senate Committee $146,004,000
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. (See attached: Admin. Request, p. IA-ST-1)
Social Services-Tiwahe Initiative. + $6 million above FY 2015 is requested to continue the work of the Tiwahe initiative. “The Tiwahe initiative supports the White House’s cross-agency Generation Indigenous initiative, which takes a comprehensive, culturally appropriate approach to help improve the lives and opportunities for Native Youth. Tiwahe, specifically, is a plan to strengthen Indian families and promote family stability in order to fortify tribal communities.” (Admin. Request, p. IA-HS-1). The House instead proposes a $1 million increase above FY 2015 for the Tiwahe initiative while the Senate proposes a $3 million increase above FY 2015.
TRUST–NATURAL RESOURCES MANAGEMENT
FY 2015 Enacted $184,852,000
FY 2016 Admin. Request $232,796,000
FY 2016 House Committee $184,852,000
FY 2016 Senate Committee $189,896,000
The Trust–Natural Resources Management subactivities are: Natural Resources; Irrigation Operation and Maintenance; Rights Protection Implementation; Tribal Management/Development Programs; Endangered Species; Tribal Climate Resilience/Cooperative Landscape Conservation; Integrated Resource Information; Agriculture and Range; Forestry; Water Resources; Fish/Wildlife & Parks; and Resource Management Oversight. (See attached: Admin. Request, p. IA-ST-1)
The Administration requests a total of $46.9 million in increases above FY 2015 for Trust-Natural Resources Management while the House proposes flat funding and the Senate counters with some nominal increases.
The House Report states:
The Committee is concerned about tribal communities that face severe challenges to their long-term resilience because of risks associated with climate, geography, and extreme weather conditions. The Bureau is encouraged to work with at-risk Tribes to identify and expedite the necessary resources to support mitigation and, where necessary, relocation. (H. Rept. 114-170, p. 37)
The Senate Report states:
The recommendation includes $189,846,000 for trust and natural resources programs, an increase of $4,994,000 above the enacted level. Within that amount, program increases include funding to support a level of $37,638,000 for rights protection implementation programs and an additional $2,000,000 for forest thinning activities.” (S. Rept. 114-70, p. 37)
The Administration requests the following increases:
Natural Resources. + $3 million above FY 2015 is requested to support the expansion of a Natural Resources Youth Program that will “focus on the protection, enhancement, and conservation of natural resources through science, education, and cultural learning.” (Admin. Request, p. IA-TNR-2) Congress proposes flat funding.
Irrigation Operations and Maintenance. + $1.5 million above FY 2015 is requested to “incorporate climate resilience planning through modernization studies for BIA irrigation projects…[and] to provide additional water measurement training to BIA and tribal staff, and to provide for water measurement and associated delivery system improvements.” (Admin. Request, p. IA-TNR-2) Congress proposes flat funding.
Rights Protection Implementation. + $4.5 million above FY 2015 is requested to “provide additional support to the existing programs to allow them to assess and address various existing and potential climate change impacts to all of the natural resources within their communities.” The Rights Protection Implementation program provides base funding for affected tribes to meet Federal court litigated and mitigated responsibilities in the conservation and management of fish and wildlife resources. (Admin. Request, p. IA-TNR-3) The House proposes flat funding while the Senate proposes a $2 million increase above FY 2015.
Tribal Management/Development. + $5 million above FY 2015 is requested to “enable tribes to further climate resilience on tribal landscapes through new and supplemented applicable scientific technologies: climate training; technical capacity, analysis and monitoring.” (Admin. Request, p. IA-TNR-3) Congress proposes flat funding.
Endangered Species. + $1 million above FY 2015 is requested to “support scientific monitoring and analysis to integrate consideration of changing climate conditions into this work on endangered species to inform tribal leaders and partners in decision making and resource management.” (Admin. Request, p. IA-TNR-3) Congress proposes flat funding.
Tribal Climate Resilience. + $20.4 million above FY 2015 is requested to “provide competitive awards to support critically vulnerable coastal artic communities and to help sustain tribal ecosystems supporting fish, wildlife, timber and other natural resources, and critical subsistence and cultural resources. This assistance will allow for the development of science, tools, and climate resilience assessment and planning, as well as adaptation activities to respond to current and projected impacts of climate change. The increase will also support two additional FTE to further developments on Integrated Resource Management Planning and to coordinate bureauwide efforts on climate preparedness and resilience within all of the BIA natural resource programs.” (Admin. Request, p. IA-TNR-3-4) Congress proposes flat funding.
Integrated Resource Info Program. + $1 million above FY 2015 is requested to “provide for two additional FTE to coordinate climate related activity, allowing Office of Trust Services Geospatial Support to improve its commitment to providing Geographic Information Systems framework to accelerate the ability of tribal governments to access content, do analyses and share results related to climate resilience.” (Admin. Request, p. IA-TNR-4) Congress proposes flat funding.
Forestry Projects. + $4 million above FY 2015 is requested (Admin. Request, p. IA-TNR-4-5). The House proposes flat funding while the Senate instead proposes a $2 million increase above FY 2015. The Administration specifies that the requested $4 million increase be allocated as follows:
• + $2 million for Forest Development for thinning of overstocked forests to create stand and forest resiliency to wildfire, insect epidemics, and disease infestations which are being intensified as a result of climate change. (The Senate concurs with this requested increase.)
• + $1 million for Resource Management Planning projects that include Integrated Resource Management Plans, Forest Management Plans, and Stand Level Inventories.
• + $1 million for environmental assessment and compliance projects associated with NEPA requirements.
Water Mgmt., Planning & Pre-Development. + $4.5 million above FY 2015 is requested to “fund additional activities necessary to manage and develop tribal water resources, support additional BIA water management staff, and to provide an amount not to exceed $2.5 million for use by the Secretary’s Indian Water Rights Office in analyzing individual water settlement proposals, training settlement negotiation and implementation teams, and otherwise implementing national policy objectives concerning Indian water settlements.” (Admin. Request, p. IA-TNR-5) Congress proposes flat funding.
Fish, Wildlife & Parks Projects. + $2 million above FY 2015 is requested to “afford tribes the opportunity to modify and engage efforts measured to emerging micro and macro climate issues, and ensure resilience in planning, development and operations with climate management considerations.” (Admin. Request, p. IA-TNR-5-6) Congress proposes flat funding.
TRUST–REAL ESTATE SERVICES
FY 2015 Enacted $127,002,000
FY 2016 Admin. Request $143,000,000
FY 2016 House Committee $125,817,000
FY 2016 Senate Committee $127,486,000
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. (See attached: Admin. Request, p. IA-ST-1)
The Administration requests a total of $16.2 million in increases above FY 2015 for Trust-Real Estate Services while the House proposes a $1.1 million cut below FY 2015. The House also pushes back against the Administration’s goal to place 500,000 acres of land into trust, and citing ongoing litigation, calls into question the land placed into trust for the Cowlitz tribe. The Senate counters with a nominal proposed increase above FY 2015 (taking into account fixed costs) and urges speedy action on rights-of-way approvals.
The House Report states:
The recommendation includes $125,817,000 for trust-real estate services, $1,185,000 below the fiscal year 2015 enacted level.
The Committee is concerned about the Department’s goal of placing more than 500,000 acres of land into trust by the end of fiscal year 2016. Such a goal incentivizes haste and leads to situations such as in Clark County, Washington. On March 9, 2015, the Department took into trust approximately 152 acres in Clark County on behalf of the Cowlitz Indian tribe, notwithstanding ongoing litigation in the matter. The Committee directs the Department to: (1) report to the Committee within 30 days of enactment of this Act on (a) the process it has established for taking the land out of trust should the court order the Department to do so; and (b) the cost to the Department of taking the land out of trust; and (2) focus not on an acre goal but on reducing the current backlog of fee-to-trust applications. It is entirely appropriate for the government’s goal to be to process those applications as efficiently and fairly as possible. The Committee recommends cuts to central and regional oversight in light of the program’s current goal.” (H. Rept. 114-170, p. 37-38)
The Senate Report states:
The bill provides $127,486,000, an increase of $484,000 above the enacted level for trust-real estate services programs. The Committee recognizes natural gas flaring has been an ongoing issue in places of energy development, including on tribal lands. The Committee also recognizes the challenge of attracting investment and building infrastructure and understands that rights-of-way approvals are an important component to reduce natural gas flaring. The Committee is aware there are significant delays in getting rights-of-way approvals and encourages the Department to move forward with reservation-wide fair market appraisals that provide fair market values to all parties affected for future rights-of-way applications on energy-affected tribal lands with natural gas flaring. (S. Rept. 114-70, p. 37-38)
The Administration requests the following increases:
Probate. + $1 million above FY 2015 is requested to “allow the program to hire an additional 10 Probate FTE, which will allow for 280 additional probates to be processed annually.” (Admin. Request, p. IA-RES-2)
Land Title and Record Office (LTRO). + $2 million above FY 2015 is requested to “support 18 additional FTE to be placed at the LTROs, to better address the increased and new type of workload created by the Fee To Trust and energy initiatives in addition to the regular records cleanup and geospatial support provided. (Admin. Request, p. IA-RES-2)
Land Records Improvement (Central). + $1.8 million above FY 2015 is requested to “allow BIA to avoid possible future litigation by fully funding the basic operation and maintenance of the Trust Asset and Accounting Management System while maintaining support for the one position at central office that maintains Land, Title and Records activities and geospatial oversight. (Admin. Request, p. IA-RES-2-3)
Water Rights Negotiations/Litigation. + $8.3 million above FY 2015 is requested to “fund four additional FTE to administer the program in the BIA regional offices, provide greater support to tribes involved in active litigation and negotiation cases, and support an initiative to strengthen the Federal program to settle Indian water rights claims. (Admin. Request, p. IA-RES-3)
Litigation Support/Attorney Fees. + $1 million above FY 2015 is requested to “expand the BIA’s capacity to provide assistance to tribal participants in adjudications to quantify their rights and/or negotiations to settle water rights claims litigation or negotiations associated with natural resource damage actions filed against responsible parties for injury to tribal natural and cultural resources, tribal trust land trespass actions and other rights protection issues.” (Admin. Request, p. IA-RES-3)
Regional Oversight. + $2 million above FY 2015 is requested to “support an additional 20 realty FTE nationwide to ensure the program achieves the Administration’s goal of taking more than 500,000 acres of land into trust by the end of 2016.” (Admin. Request, p. IA-RES-3)
PUBLIC SAFETY AND JUSTICE
FY 2015 Enacted $352,850,000
FY 2016 Admin. Request $364,423,000
FY 2016 House Committee $357,358,000
FY 2016 Senate Committee $377,405,000
The Public Safety and Justice subactivities are: Law Enforcement; Tribal Courts; and Fire Protection. (See attached Admin. Request, p. IA-ST-2)
The Administration and Congress propose targeted increases (of varying amounts) above FY 2015 to provide expanded support for the Tiwahe initiative. The House proposes increases for technical assistance to help implement key provisions of the Violence Against Women Act of 2013 (VAWA 2013) while the Senate proposes the most significant increases–specifically to address tribal court needs in PL 280 states.
Criminal Investigations and Police Services. + $3 million above FY 2015 is proposed by the Senate. The Administration requests flat funding.
Law Enforcement Special Initiatives. + $4 million above FY 2015 is requested to “enable expansion of BIA’s efforts to reduce recidivism from the current three Tiwahe initiative sites to five sites in FY 2016…the Office of Justice Services will work with tribes to implement comprehensive ‘alternatives to incarceration’ strategies that seek to address underlying causes of repeat offenses, including substance abuse and social service needs by utilizing alternative courts, increased treatment opportunities, probation programs, and interagency and intergovernmental partnerships.” (Admin. Request, p. IA-PSJ-1). The Senate concurs with the requested increase. (S. Rept. 114-70, p. 39) The House instead proposes a $1 million increase above FY 2015. (H. Rept. 114-170, p. 38)
Tribal Justice Support. + $10 million above FY 2015 is proposed by the Senate to address tribal court needs in PL 280 states. The Administration requests flat funding while the House proposes a $1 million increase above FY 2015 to “increase technical assistance and training in Indian Country to carry out the new provisions of the Violence Against Women Reauthorization Act of 2013.” (H. Rept. 114-170, p. 38).
The Senate Report states:
Consistent with the recommendations of the Indian Law and Order Commission report ‘A Roadmap For Making Native America Safer’ as required by the Tribal Law and Order Act of 2010 and to address the added tribal responsibilities outlined in the Violence Against Women Reauthorization Act of 2013. Within the increases provided for tribal justice support, the Committee includes $10,000,000 for the Office of Tribal Justice Support to work with Indian tribes and tribal organizations to assess needs, consider options, and design, develop, and pilot tribal court systems for tribal communities including those communities subject to full or partial State jurisdiction under Public Law 83–280. (S. Rept. 114-70, p. 39)
Tribal Courts. + $5 million above FY 2015 is requested to “ensur[e] that the judicial branch of targeted tribal public safety systems can function effectively to meet family and community needs under the Tiwahe initiative. Specifically, the increase will provide targeted base funding to tribal courts at each Tiwahe site.” (Admin. Request, p. IA-PSJ-1). The Senate concurs with the requested increase. (S. Rept. 114-70, p. 39) The House instead proposes a $1.5 million increase above FY 2015. (H. Rept. 114-170, p. 38)
Educational and Health-Related Services for Youth in Tribal Detention Centers Considered Allowable Costs. The House Report states:
For the purpose of addressing the needs of American Indian youth in custody at tribal detention centers operated or administered by the BIA, the Committee considers educational and health-related services to juveniles in custody to be allowable costs for detention/corrections program funding.” (H. Rept. 114-170, p. 38)
COMMUNITY AND ECONOMIC DEVELOPMENT
FY 2015 Enacted $35,996,000
FY 2016 Admin. Request $40,619,000
FY 2016 House Committee $40,505,000
FY 2016 Senate Committee $36,119,000
The Community and Economic Development subactivities are: Job Placement and Training; Economic Development; Minerals and Mining; and Community Development Oversight. (See attached: Admin. Request, p. IA-ST-2)
Minerals & Mining Central Oversight. $4.5 million in new funding is requested to “establish an Indian Energy Service Center staffed by BIA, the Office of Natural Resources Revenue, the Bureau of Land Management and the Office of the Special Trustee for American Indians to facilitate energy development in Indian Country… The Center will expedite leasing, permitting, and reporting for conventional and renewable energy on Indian lands – and importantly – provide resources to ensure development occurs safely, protects the environment, and manages risks appropriately by providing funding and technical assistance to support assessment of the social and environmental impacts of energy development.” (Admin. Request, p. IA-CED-1-2) The House concurs with the request. The Senate proposes flat funding.
The House Report states:
The recommendation includes the requested amount to establish the Indian Energy Service Center. The Bureau is directed to consult with affected tribes regarding staffing and related functions of the new office. (H. Rept. 114-170, p. 38)
EXECUTIVE DIRECTION AND ADMINISTRATIVE SERVICES
FY 2015 Enacted $227,692,000
FY 2016 Admin. Request $241,832,000
FY 2016 House Committee $225,433,000
FY 2016 Senate Committee $229,108,000
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. (See attached: Admin. Request, p. IA-ST-2)
Assistant Secretary Support. + $12 million above FY 2015 is requested to “help address long-standing concerns tribes have expressed with the quality of data in Indian Country” (Admin. Request, p. IA-ADM-2), to be allocated as follows:
• + $2 million for Internal capacity building: The Department will create a capability within DOI’s Office of Policy Analysis to study Indian Affairs policy, evaluate Indian programs, and assist in developing tribal datasets to support decision making by tribes, Indian Affairs, BIA and BIE program offices, and other Departmental offices.
• + $9 million for Census data: The Department will enter into an agreement(s) with the Census Bureau to improve the quality and quantity of tribal data.
• + $1 million for Data quality, openness and availability: The Department will embark on outreach and consultation with tribes regarding data collection.
The House proposes a cut below FY 2015 while the Senate proposes flat funding (the nominal increase being attributed to fixed costs).
BUREAU OF INDIAN EDUCATION
FY 2015 Enacted $810,531,000
FY 2016 Admin. Request $904,464,000
FY 2016 House Committee $854,160,000
FY 2016 Senate Committee $824,934,000
The Bureau of Indian Education (BIE) category displays funds for the BIE-funded elementary and secondary school systems 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.
BIE Oversight and Reform.
The House Report states:
Indian education remains among the Committee’s top priorities because it is a fundamental trust responsibility and because elementary and secondary students in particular have fallen far behind their peers for reasons now well documented by the Government Accountability Office, the Department of Education, and others.” (H. Rept. 114-170, p. 38)
The Committee remains concerned that control of BIE’s budget, procurement, hiring, and facilities maintenance and construction reside not within BIE but within the Bureau of Indian Affairs and the Deputy Assistant Secretary—Management (see Government Accountability Office report GAO–13–774). The Secretary is urged to reorganize Indian Affairs so as to improve leadership stability and accountability within the BIE. (H. Rept. 114-170, p. 39-40)
The Senate Report states:
The administration is commended for its continued focus on tribal education programs, including efforts to improve collaboration between the Departments of the Interior and Education and to implement Executive Order 13592 to improve educational outcomes for American Indian and Alaska Native students. It is noted that the administration is proposing significant reforms to the Bureau of Indian Education [BIE] to improve the quality of education offered and address the persistent performance gap of students educated at BIE-funded schools. These proposed changes will require a restructuring of the Bureau that is not currently reflected in the fiscal year 2016 budget request and will necessitate continued consultation with tribes, as well as the Committees on Appropriations and the authorizing committees of jurisdiction.
The Committee is concerned the Office of the Assistant Secretary-Indian Affairs, which includes the Bureau of Indian Education [BIE], has not addressed the findings or implemented the recommendations in recent Government Accountability Office [GAO] reports and testimonies (GAO–13–774, GAO–14–121, GAO– 15–389T, and GAO–15–539T). These reports outline systemic problems with management of BIE schools, such as lack of oversight over school spending and facilities, including construction, operation, maintenance, and basic repair and upgrades needed to improve the condition of schools that serve Indian Country. The Committee stands ready to work with the administration on the appropriate steps forward and directs the Office of the Assistant Secretary-Indian Affairs to report back within 60 days after enactment of this act on how this Office is implementing the GAO recommendations. As part of this report, the Committee expects a detailed description of the administrative functions of each entity that has or will have a decisionmaking role in supporting and overseeing school facilities, including construction, maintenance, operation, and relevant activities for BIE schools. (S. Rept. 114-70, p. 38)
Juvenile Detention Education Grants. The House specifies that the following grant program would be funded from the within the amount proposed for BIE:
The recommendation includes $1,000,000 to restore juvenile detention education program grants.” (H. Rept. 114-170, p. 39)
Elementary and Secondary Programs (Forward Funded)
FY 2015 Enacted $536,897,000
FY 2016 Admin. Request $565,517,000
FY 2016 House Committee $550,034,000
FY 2016 Senate Committee $542,577,000
The Elementary and Secondary forward funded programs include all components for operating an elementary and secondary school system. For schools operated by tribes through grants, the program also includes funding to cover the tribe’s administrative costs. The forward-funded programs are: the ISEP Formula Funding, ISEP Program Adjustments, Education Program Enhancements, Student Transportation, Early Childhood Development, and Tribal Grant Support Costs (formerly titled Administrative Cost Grants.) Funds appropriated for FY 2016 for these programs will become available for obligation on July 1, 2016, for SY 2016-2017. (See attached: Admin. Request, p. IA-ST-2)
The Administration requests the following increases:
Education Enhancements. + $10 million above FY 2015 is requested to “improve student achievement through the adoption of school improvement measures. The enhancement funding is to assist in the development and improvement of education departments that are administered by tribes, while seeking to expand the curriculum for areas like Native language immersion. School improvement efforts that could be adopted include establishing a tribally managed school reform plan.” (Admin. Request, p. IA-BIE-2) Congress proposes flat funding.
Tribal Grant Support Costs. + $ 12.9 million above FY 2015 in order to fully fund Tribal Grant Support Costs. The Administration explains that full funding would “provide an incentive for tribes to assume control over their remaining federally operated schools.” (Admin. Request, p. IA-BIE-2). The House concurs with the Administration’s request for full funding. The Senate however, proposes only a $2 million increase above FY 2015.
The House Report states:
The recommendation includes $75,335,000 to fully fund tribal grant support costs, as requested, $12,940,000 above the fiscal year 2015 enacted level. Fully funding these costs is consistent with the policy of fully funding contract support costs, and is instrumental for tribal control of schools. (H. Rept. 114-170, p. 38-39)
Tribal Education Department Grants. The House concurs with the Administration’s request to continue funding for Tribal Education Department Grants. The House Report states:
The recommendation includes $2,000,000 as requested for the development and operation of tribal departments or divisions of education as authorized in 25 U.S.C. 2020. (H. Rept. 114-170, p. 39)
Early Child and Family Development.
The House Report states:
The Committee recommends $15,520,000 for early child and family development, equal to the fiscal year 2015 enacted level. The Committee strongly supports early childhood development models that address the achievement gap of Indian children primarily located on rural reservations by teaching preschool Indian children the skills they need to begin school and offering developmental opportunities for parents. The BIE is directed to publish its report on the 2013–14 school year internal review of early childhood education programs in order to improve program direction and transparency. (H. Rept. 114-170, p. 38)
The Senate Report states:
The administration’s emphasis on education must be complemented by efforts to improve interagency coordination for the multiplicity of programs that affect the wellbeing of Native children. In addition to education, these include healthcare, social service, child welfare and juvenile justice programs. The Committee would like to note the recent Senate passage of S24, the Alyce Spotted Bear and Walter Soboleff Commission on Native Children.
The Committee encourages the Bureau to work with other relevant Federal, State, local, and tribal organizations to begin the process of identifying ways to make programs more effective in serving Native Children. Within the funding provided for the Early Child and Family Development Program, the Bureau shall not reduce funding for currently operating Family and Child Education programs. (S. Rept. 114-70, p. 39)
Early Childhood Caries.
The House Report states:
The Bureau is encouraged to coordinate with the Indian Health Service to establish a pilot program integrating preventive dental care at schools within the Bureau system. (H. Rept. 114-170, p. 39)
The Senate Report concurs:
The Bureau, working with the Indian Health Service as appropriate, is also urged to consider integrating school-based preventative health services such as dental care into elementary schools in order to improve health outcomes of tribal students. (S. Rept. 114-70, p. 39)
Language Immersion. The House Report states:
The Committee is supportive of standards and curricula that emphasize tribal history, language and culture. As alternative proposals are considered, language immersion should be carefully considered as a serious option for improved language development and student outcomes. (H. Rept. 114-170, p. 39)
Restriction on Funding for Satellite Locations. The Administration and Congress continue language restricting funding for satellite locations while providing the Secretary the ability to waive this restriction in certain instances. The House Report provides the following clarification regarding the intent of the provision:
The recommendation continues bill language providing the Secretary with the authority to approve satellite locations of existing BIE schools if a Tribe can demonstrate that the establishment of such locations would provide comparable levels of education as are being offered at such existing BIE schools, and would not significantly increase costs to the Federal Government. The intent is for this authority to be exercised only in extraordinary circumstances to provide Tribes with additional flexibility regarding where students are educated without compromising how they are educated, and to significantly reduce the hardship and expense of transporting students over long distances, all without unduly increasing costs that would otherwise unfairly come at the expense of other schools in the BIE system. (H. Rept. 114-170, p. 39)
Restriction on Funding for Elementary or Secondary Schools in Alaska. The Administration and Congress continue language restricting funding for the establishment of elementary or secondary schools in Alaska.
Restriction on Funding for Expanded Grades. The Administration and Congress continue language restricting funding for the expansion of grades and schools within the BIE system.
Restriction on Funding for Charter Schools. The Administration and Congress continue language restricting funding for the establishment of charter schools. The House Report provides the following clarification regarding the intent of the provision:
The Committee continues language limiting the expansion of grades and schools in the BIE system, including charter schools. The intent of the language is to prevent already limited funds from being spread further to additional schools and grades. The intent is not to limit tribal flexibility at existing schools. Nothing in the bill is intended to prohibit a Tribe from converting a tribally-controlled school already in the BIE system to a charter school in accordance with State and Federal law. (H. Rept. 114-170, p. 39)
Elementary and Secondary Programs (Non-Forward Funded)
FY 2015 Enacted $119,195,000
FY 2016 Admin. Request $142,361,000
FY 2016 House Committee $139,195,000
FY 2016 Senate Committee $122,361,000
The non-forward funded programs are: Facilities Operations, Facilities Maintenance and Johnson-O’Malley Assistance Grants. Funds for Facilities Operations and Facilities Maintenance are distributed by formula to schools in the BIE school system. (See attached: Admin. Request, p. IA-ST-2)
The Administration requests the following increases:
Facilities Operations. + $10 million above FY 2015 is requested to “allow BIE to fund schools at 61 percent of calculated need to augment escalating utility and operations costs for an aging school system, based on the FY 2014-2015 calculated need of $107,736,000.” (Admin. Request, p. IA-BIE-2) The House concurs with the request while the Senate proposes flat funding.
Facilities Maintenance. + $10 million above FY 2015 is requested to “allow schools to complete additional cyclic preventive maintenance repairs under the $2,500 maintenance fund limit before the required repairs deteriorate further, requiring additional funds from the minor or major improvement and repair account when repair costs exceed $2,500.” (Admin. Request, p. IA-BIE-3) The House concurs with the request while the Senate proposes flat funding.
Johnson-O’Malley. + $2.6 million above FY 2015 is requested to “support the student count. A new JOM student count is scheduled to be issued in early 2015.” (Admin. Request, p. IA-BIE-3) The House proposes flat funding while the Senate concurs with the Administration’s proposed increase. The House Report states:
The recommendation includes $14,739,000 for the Johnson-O’Malley program. The Bureau is directed to consult with Tribes and Congress before proposing any changes in the distribution of future funds or in the frequency or method of future counts. (H. Rept. 114-170, p. 39)
Post Secondary Programs (Forward Funded)
FY 2015 Enacted $69,793,000
FY 2016 Admin. Request $69,793,000
FY 2016 House Committee $69,793,000
FY 2016 Senate Committee $74,793,000
This subactivity funds forward funded Tribal Colleges and Universities (See attached: Admin. Request, p. IA-ST-2)
Forward funding for remaining non-forward funded tribal colleges. $5 million in new funding is proposed by the Senate as a one-time appropriation to facilitate the transition of the two non-forward funded tribal technical colleges (United Tribes Technical College (UTTC) and Navajo Technical University (NTU)) to forward funding. This proposal was not in the Administration’s request. The House acknowledges that not all tribal colleges are forward funded and requests that the Administration submit a proposal to transition these tribal colleges to forward funding in the FY 2017 request.
The House Report states:
The Committee acknowledges the inconsistency that not all tribal colleges and universities are forward-funded so as to align with academic calendars instead of fiscal calendars. The Administration is encouraged to submit a proposal beginning with the fiscal year 2017 budget submission to transition to forward-funding over a period of three to five years the remaining tribal colleges and universities, including the Institute of American Indian and Alaska Native Culture and Arts Development. (H. Rept. 114-170, p. 39)
The Senate Report states:
For Post-Secondary programs, the Committee includes an additional $5,000,000 to forward fund tribal technical colleges. This one-time increase provides a transition to forward funding, consistent with funding practices for most other tribal colleges, by covering both the 2015–2016 and 2016– 2017 school years. This funding addresses the long-standing concerns of tribal college leaders by providing greater financial security to plan for the academic year through forward funding. The Committee believes there should be parity on the way all tribal colleges that receive assistance throughout the bill are funded and encourages the administration to look for ways for all the tribal colleges to be put on the same funding schedule. (S. Rept. 114-70, p. 38)
Post Secondary Programs (Non-Forward Funded)
FY 2015 Enacted $64,182,000
FY 2016 Admin. Request $69,412,000
FY 2016 House Committee $64,182,000
FY 2016 Senate Committee $64,602,000
The two post-secondary schools in the BIE’s education system are Haskell Indian Nations University (Haskell), and the Southwestern Indian Polytechnic Institute (SIPI). BIE also provides grants to two tribal technical colleges: United Tribes Technical College (UTTC) and Navajo Technical University (NTU) and makes available a variety of higher education scholarships, fellowships, and loans to eligible Indian students. The non-forward funded programs are: Haskell and SIPI; Tribal Colleges and Universities Supplements; Tribal Technical Colleges; Scholarships and Adult Education; Special Higher Education Scholarships; Science Post Graduate Scholarship Fund. (See attached Admin. Request, p. IA-ST-2)
Scholarships and Adult Education. + $4.5 million above FY 2015 is requested to “prioritize a third objective of the scholarship fund which is to increase students’ engagement with Science, Technology, Engineering, and Mathematics (STEM) related initiatives.” (Admin. Request, p. IA-BIE-3). Congress proposes flat funding.
FY 2015 Enacted $20,464,000
FY 2016 Admin. Request $57,381,000
FY 2016 House Committee $30,956,000
FY 2016 Senate Committee $20,601,000
The Education Management subactivity consists of Education Program Management and Information Technology. (See attached: Admin. Request, p. IA-ST-2)
The Administration proposes a $36.7 million increase above FY 2015 for education management, specifying the increases below. The House proposes a $10.4 million increase above FY 2015, while the Senate proposes flat funding.
Education Program Management. + $2.5 million above FY 2015 is requested to “support the goals identified in the Blueprint.” (Admin. Request, p. IA-BIE-3-4)
Education IT. + $34.2 million above FY 2015 is requested: “(1) to procure computers and software necessary to administer online assessments; (2) in concert with funding from other sources (such as the E-Rate program) to increase bandwidth in schools to ensure digital delivery of these assessments; (3) to provide the resources and training that staff need to administer these online assessments effectively and efficiently.” (Admin. Request, p. IA-BIE-4)
CONTRACT SUPPORT COSTS
FY 2015 Enacted $246,000,000
FY 2016 Admin. Request $272,000,000
FY 2016 House Committee $272,000,000
FY 2016 Senate Committee $272,000,000
Indian Self-Determination Fund
FY 2015 Enacted $5,000,000
FY 2016 Admin. Request $5,000,000
FY 2016 House Committee $5,000,000
FY 2016 Senate Committee $5,000,000
A major development regarding FY 2016 appropriations was the Administration’s proposal to enact legislation to make BIA and IHS contract support costs (CSC) fully funded on a mandatory basis effective beginning in FY 2017 and the House and Senate Appropriations Committees subsequent recommendations regarding CSC funding.
Administration’s CSC Proposal. Under the Administration’s proposal, FY 2016 funding would continue to be discretionary but the agencies would consult with tribes and work with Congress on the details of the proposal to make the funding mandatory beginning in FY 2017. There would be three years—FYs 2017, 2018, and 2019—of capped mandatory funding, after which the funding would need to be reauthorized. The funding requested for FY 2016 is $272,000,000 for the BIA and $717,970,000 for IHS with both amounts expected to fully fund the need. Any funds not used in one year would carry over to the following year.
Appropriations Committee Recommendations. The House and Senate Appropriations Committees, each assuming $272 million for BIA Contract Support, take different approaches for the placement of CSC in the Indian Affairs budget.
The House Committee bill would maintain Contract Support ($272 million) and the Indian Self-Determination Fund ($5 million) as part of the Operation of Indian Programs account, whereas the Senate Committee envisions a new, separate Contract Support Costs account which would include both Contract Support and the Indian Self-Determination Fund. Hence, Section 406 of the House bill provides that the only amounts available for BIA CSC would be the sums appropriated under the Operation of Indian Programs account. Reflecting its recommendation to make CSC a separate budget account, the Senate bill (also section 406) provides that the only amounts available for BIA CSC would be the sums appropriated under the new, separate Contract Support Costs account.
The House Committee bill would identify a specific amount of CSC to be made available thus reintroducing the CSC spending “caps” albeit at levels likely to enable full FY 2016 payment. Unspent funds could not be diverted and would carry forward until expended, but only for obligations in FY 2016 or before. The Office of Management and Budget criticized the House provision as a “limitation on funding for CSC that could perpetuate the funding issues described in the Supreme Court’s Salazar v. Ramah Navajo Chapter decision”.
The Senate Committee bill, on the other hand, would provide “such sums as may be necessary” with a restriction that CSC funds may not be transferred to another budget account. Guaranteed full funding would protect against other funding being transferred to CSC as would having CSC in its own budget account. The Senate bill would provide a better path to achieving the tribal ultimate goal of permanent, indefinite, mandatory appropriations for CSC.
Below is the House and Senate Committee bill and report language regarding BIA CSC:
The House Bill states:
Provided further, That $272,000,000 shall be for payments to Indian tribes and tribal organizations for contract support costs associated with contracts, grants, self-governance compacts, or annual funding agreements between the Bureau and an Indian tribe or tribal organization pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) prior to or during fiscal year 2016, and shall remain available until expended. (HR 2822, p. 28)
The House Report states:
Contract Support Costs.—The recommendation includes $272,000,000 as requested for full funding of estimated contract support costs. Bill language has been added making these funds available until expended and protecting against the use of other appropriations to meet unanticipated shortfalls. The Bureau is directed to work with Tribes and tribal organizations to ensure that budget estimates continue to be as accurate as possible. (H. Rept. 114-170, p. 37)
The Senate Bill states:
For payments to tribes and tribal organizations for contract support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Bureau of Indian Affairs for fiscal year 2016, such sums as may be necessary, which shall be available for obligation through September 30, 2017: Provided, That amounts obligated but not expended by a tribe or tribal organization for contract support costs for such agreements for the current fiscal year shall be applied to contract support costs otherwise due for such agreements for subsequent fiscal years: Provided further, That, notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. (S 1645, p. 29)
The Senate Report states:
Contract Support Costs.—The Committee has included new language establishing an indefinite appropriation for contract support costs estimated to be $277,000,000, which is an increase of $26,000,000 above the fiscal year 2015 level. The budget request proposed to fund these costs within the “Operation of Indian Programs” account through Contract Support and the Indian Self Determination Fund budget lines. Under the Committee’s new budget structure, the full amount tribes are entitled to will be paid and other programs will not be reduced in cases where the agency may have underestimated these payments when submitting its budget. Additional funds may be provided by the agency if its budget estimate proves to be lower than necessary to meet the legal obligation to pay the full amount due to tribes, but this account is solely for the purposes of paying contract support costs and no transfers from this account are permitted for other purposes. Similar to the President’s request for calculating contract support costs, this provision also applies to new and expanded Indian Self-Determination and Education Assistance Act agreements funded through the Indian Self-Determination Fund activity. (S. Rept. 114-70, p. 39-40)
CSC Continuing Provisions. The House and Senate bills provide that Sections 405 and 406 of Division F of the Consolidated and Further Continuing Appropriations, 2015 (PL 113-235) remain in effect. The bills do not re-quote the FY 2015 language.
Section 405 from PL 113-235, consistent with the Interior appropriations acts for FYs 1999-2014, attempts to limit the ability of the IHS and BIA to fund past-year shortfalls in CSC funding from remaining unobligated balances for those fiscal years. This provision has been included in the appropriations acts for many years and has not precluded recovery on past-year CSC claims.
Section 406 from PL 113-235 provides that no FY 2014 funds may be used by the IHS or the BIA to pay prior year CSC or to repay the Judgment Fund for payment of judgments or settlements related to past-year CSC claims.
FY 2015 Enacted $128,876,000
FY 2016 Admin. Request $188,973,000
FY 2016 House Committee $187,620,000
FY 2016 Senate Committee $135,204,000
The Construction budget includes: Education Construction; Public Safety and Justice Construction; Resources Management Construction; and Other Program Construction/ General Administration.
Maintenance Shortfalls. The House Report states:
The Bureau is encouraged to request full funding for facilities maintenance needs in future budget requests.” (H. Rept. 114-170, p. 40)
FY 2015 Enacted $74,501,000
FY 2016 Admin. Request $133,245,000
FY 2016 House Committee $133,245,000
FY 2016 Senate Committee $79,476,000
The Education Construction subactivities are: Replacement School Construction; Employee Housing Repair; and Facilities Improvement and Repair. The Administration proposes to bring back the Replacement Facility Construction line item. (See attached: Admin. Request, p. IA-ST-3)
The Administration requests substantial increases above FY 2015 for all Education Construction subactivities, to which the House concurs. The Senate instead proposes some nominal increases above FY 2015.
The House Report states:
Serious health and safety hazards exist at BIE facilities across the country, including the Bug-O-Nay-Ge-Shig School of the Leech Lake Band of Ojibwe. The Secretary is directed to develop a comprehensive plan to work with Tribes to repair and replace all substandard educational facilities. The Secretary is urged to consider alternative funding mechanisms to supplement appropriations for replacing schools and facilities, including the use of bonds.” (H. Rept. 114-170, p. 40)
The Senate Report states:
The Committee understands the significant infrastructure needs and strongly urges the administration to work with tribal leaders in a transparent manner on developing the new school construction list. Further, the Committee stands ready to work with the administration and tribes to develop a strategy that provides safe, functional, and accessible facilities for schools. (S. Rept. 114-70, p. 40)
Replacement School Construction. + $25.3 million above FY 2015 is requested to “replace both Little Singer Community School and Cove Day School on the Navajo Reservation in Arizona and for planning and design for future schools. This funding will allow BIA to bring to good condition all of the 14 schools on the Education Facilities Replacement Construction Priorities List as published in the Federal Register on March 24, 2004. (Admin. Request, p. IA-CON-ED-1). The House concurs. The Senate instead proposes a $3 million increase above FY 2015, enough to replace one of the remaining schools.
Employee Housing Repair. + $3.7 million above FY 2015 is requested to “correct priority deficiencies at education employee housing, beginning with critical safety work items. Correction of these items is critical for IA’s compliance with American with Disabilities Act (ADA) requirements; Environmental Protection Agency (EPA) requirements; National Fire Protection Agency (NFPA); and other Life Safety code requirements …This increase is complemented by a $10.0 million request in the Department of Housing and Urban Development budget for a set aside to address teacher housing needs near schools in the BIE school system.” (Admin. Request, p. IA-CON-ED-3). The House concurs. The Senate proposes flat funding.
Replacement Facility Construction. $11.9 million in new funding is requested to “reconstitute the Facilities Component Replacement Program (FCRP) after several years. This program is an important part of BIA’s plan to bring schools into good condition. The FCRP funds replacement of individual buildings when it is more cost effective to replace rather than repair a building on school campuses but other buildings can be brought to or maintained in good condition with improvement and repair projects. Projects for use of the FCRP are in the process of being identified.” (Admin. Request, p. IA-CON-ED-3). The House concurs. The Senate instead proposes $2 million.
Facilities Improvement and Repair. +$17.7 million above FY 2015 is requested to be directed to “schools that rank highest in a ranking of schools with critical health and safety deficiencies. The BIE school system buildings currently have a $377 million deferred maintenance backlog.” (Admin. Request, p. IA-CON-ED-3) The House concurs. The Senate proposes flat funding.
PUBLIC SAFETY & JUSTICE (PS&J) CONSTRUCTION
FY 2015 Enacted $11,306,000
FY 2016 Admin. Request $11,306,000
FY 2016 House Committee $11,306,000
FY 2016 Senate Committee $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. (See attached: Admin. Request, p. IA-ST-3; H. Rept. 114-170)
Regional Detention Centers. The House Report states:
The Bureau is encouraged to consider establishing regional detention centers at new or existing facilities, such as the Shoshone-Bannock Tribes’ Justice Center, as it works to combat the crime problem in Indian Country. (H. Rept. 114-170, p. 40)
RESOURCES MANAGEMENT CONSTRUCTION
FY 2015 Enacted $34,427,000
FY 2016 Admin. Request $34,488,000
FY 2016 House Committee $34,427,000
FY 2016 Senate Committee $34,488,000
The Resources Management Construction subactivities are: Irrigation Project Construction; Engineering and Supervision; Survey and Design; Federal Power and Compliance; and Dam Projects. (See attached: Admin. Request, p. IA-ST-3)
OTHER PROGRAM CONSTRUCTION/ GENERAL ADMINISTRATION
FY 2015 Enacted $8,642,000
FY 2016 Admin. Request $9,934,000
FY 2016 House Committee $8,642,000
FY 2016 Senate Committee $9,934,000
The Other Program Construction subactivities are: Telecommunications Improvement and Repair; Facilities/Quarters Improvement and Repair; and Construction Program Management. (See attached: Admin. Request, p. IA-ST-3)
Construction Program Management. + $1.2 million above FY 2015 is requested for “the completed portions of the Fort Peck Reservation Rural Water System construction project requiring Operations and Maintenance (O&M), as authorized by the Congress. As construction by the Bureau of Reclamation progresses, completed portions will require O&M on an annual basis.” (Admin. Request, p. IA-CON-OTH-1) The Senate concurs. The House proposes flat funding.
INDIAN GUARANTEED LOAN PROGRAM
FY 2015 Enacted $7,731,000
FY 2016 Admin. Request $7,748,000
FY 2016 House Committee $7,731,000
FY 2016 Senate Committee $7,748,000
FY 2016 funding will support approximately $113.8 million in new loans in Indian Country, issued under the Loan Guarantee, Insurance and Interest Subsidy program, part of the Indian Financing Act of 1974 (P.L. 93-262), as amended. This program addresses the historic reluctance of private lenders to make business financing available to Indian borrowers on commercially reasonable terms, due to real or perceived concerns with inadequate collateral, poor or minimal credit history, and unclear jurisdiction. (Admin. Request, p. IA-LOAN-4)
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