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15.022 TRIBAL SELF-GOVERNANCE

FEDERAL AGENCY
BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

AUTHORIZATION
Indian Self-Determination and Education Assistance Act, Title IV, Public Law 93-638, as amended, 25 U.S.C. 458 aa et seq.

OBJECTIVES
To further the goals of Indian Self-Determination by providing funds to Indian tribes to administer a wide range of programs with broad administrative and programmatic flexibility.

TYPES OF ASSISTANCE
Direct Payments for Specified Use.

USES AND USE RESTRICTIONS
Funds may be used by Federally Recognized Tribal Governments to support a wide range of programs such as law enforcement, tribal courts, scholarships, social services, road maintenance, forestry, agriculture, real estate services, wildlife and parks, and water resources. Funds may be used only for programs previously administered by the Bureau of Indian Affairs or for programs specifically authorized by Federal statute and may not be used for the operation of elementary and secondary schools or for community colleges. The Indian tribe must ensure adequate protection of trust resources.

Applicant Eligibility
Federally Recognized Indian Tribal Governments and tribal consortia authorized by the Federally Recognized Indian Tribal Governments to be served.

Beneficiary Eligibility
Federally Recognized Indian Tribal Governments and their Members.

Credentials/Documentation
Initial application must be accompanied by an authorizing resolution of the governing body of the Indian tribe or in the case of a consortia, Indian tribes to be served. First-time applicants must have successfully completed a planning phase and must have demonstrated for the previous three years, financial stability and financial management capability.

Preapplication Coordination
An informal preapplication conference is recommended. Technical assistance in preparing the application is available upon request. This program is excluded from coverage under E.O. 12372.

Application Procedure
The application and selection process is governed by regulations contained in 25 CFR Part 1000. Applicants first apply for inclusion in an applicant pool. Once an Indian tribe/consortium has established eligibility for admission to the applicant pool, it can be selected to become a Self-Governance Tribe. Application information is available from the office(s) listed below under "Information Contacts."

Award Procedure
The annual dollar value of the funding agreement is subject to negotiation between the applicant, the local Bureau agency office, the servicing Regional office, and the Office of Self-Governance. Final funding agreements are signed by the authorized tribal representative and the Director, Office of Self-Governance.

Deadlines
An application for inclusion in the applicant pool may be filed at any time. However, an Indian tribe/consortium must submit its application by March 1 of the year in which the initial funding agreement and compact are to be negotiated. The application must be complete before the tribe can be placed in the applicant pool and selected to operate as a Self-Governance Tribe.

Range of Approval/Disapproval Time
Funding agreements are to be negotiated and submitted to Congress and neighboring Indian tribes at least 90 days before the proposed effective date of the agreement. Negotiation and approval of a new funding agreement may take up to four months.

Appeals
Applicable appeal procedures are contained in 25 CFR Part 1000.

Renewals
Funding agreements may be for a single or multi-year period and renewed indefinitely upon satisfactory performance by the Indian tribe/consortium. The amount of the annual funding agreement may be negotiated each year.

Formula and Matching Requirements
None.

Length and Time Phasing of Assistance
Funds are provided on an annual basis and remain available until expended by the tribe/consortium. When possible, payments are made in a lump sum following enactment of the Department's appropriations.

Reports
The timing and nature of program accomplishment data will be negotiated with the Indian tribe/consortium. Annual, external reviews of the management of trust assets will be conducted.

Audits
For awards made under this program, Indian tribes/consortia are responsible for obtaining audits. All nonfederal entities that expend $500,000 or more of Federal awards in a year ($300,000 for fiscal year ending on or before December 30, 2003) are required to obtain an annual audit in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501 et. seq.) and OMB Circular A-133 Compliance Supplement and Government Auditing Standards. Nonfederal entities that expend less than $500,000 (for fiscal years ending after December 1, 2003) a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in OMB Circular A-133.

Records
Financial records must be retained for 3 years from the date of submission of the single audit report. Procurement records must be retained for 3 years from the date of final payment. Property records must be retained for 3 years from the date of disposition, replacement, or transfer. Records pertaining to any litigation, audit exceptions or claims must be retained until the dispute has been resolved.

Account Identification
14-2100-0-1-452.

Obligations
FY 07 $388,643,000; FY 08 est. $389,500,000; and FY 09 est. $391,000,000.

Range and Average of Financial Assistance
$9,800 to $34,134,000; $4,091,000.

PROGRAM ACCOMPLISHMENTS
In fiscal year 2007, 94 Indian tribes/consortia are participating in the Tribal Self-Governance Program. The 94 annual funding agreements with Indian tribes and tribal consortia will provide an estimated 234 Federally recognized Indian Tribes with the opportunity to exercise discretion in establishing funding priorities, and allow them wide latitude in the design of tribal programs, services, functions, and activities in response to local circumstances.

REGULATIONS, GUIDELINES, AND LITERATURE
25 CFR Part 1000; OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments.

Regional or Local Office
Office of Self Governance, Department of the Interior, Northwest Field Office, 500 West 12th Street, Suite 102, Vancouver, WA 98660. Telephone: (360) 699-1011. Use the same number for FTS or the nearest Bureau of Indian Affairs Regional Office as listed in Appendix IV of the Catalog.

Headquarters Office
Director, Office of Self-Governance, Office of the Deputy Assistant Secretary - Policy and Economic Development, Department of the Interior, 1951 Constitution Avenue, N.W., MS 355-G, Washington, DC 20240. Telephone: (202) 219-0240.

Web Site Address
http://www.doi.gov/bureau-indian-affairs.html

RELATED PROGRAMS
None.

EXAMPLES OF FUNDED PROJECTS
Among the activities supported by one consortium was the organization of a tourism alliance, provision of 300 college scholarships, repair of 16 homes, and the initiation of job readiness training for welfare recipients. A tribe in the northwest managed over 3800 acres of forest land, helped 27 tribal members move from welfare to paid employment, and supported 20 members in adult education/training programs. Another tribal consortium provided life skills assistance (tax preparation, driver's education, resume writing, etc.) to over 500 members, provided assistance to village groups in preparing economic development proposals which resulted in increased funding being provided by other Federal agencies, and worked with the Reindeer Herders Association to improve the health and economic value of the reindeer herds.

CRITERIA FOR SELECTING PROPOSALS
All applicants meeting the eligibility criteria of 25 CFR Part 1000 will be selected, up to a maximum of 50 new participants annually. An applicant must be a Federally Recognized Tribe or tribal consortium, have an authorizing tribal resolution(s) from the tribal governing body (ies), have successfully completed a planning phase and have demonstrated for the previous three years, financial stability and financial management capability. Applicants are selected in the order in which complete applications are received. For more information contact the offices listed under Information Contacts.


General Services Administration
Office of Chief Acquisition Officer
Regulatory and Federal Assistance Division (VIR)