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15.034 AGRICULTURE ON INDIAN LANDS

FEDERAL AGENCY
BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

AUTHORIZATION
Indian Self-Determination and Education Assistance Act, Public Law 93-638, as amended, 25 U.S.C. 450; American Indian Agriculture Resource Management Act, Public Law 103-177, 107 Stat. 2011, 25 U.S.C. 3701.

OBJECTIVES
To protect and restore the agricultural (cropland and rangeland) resources on trust lands and facilitate the development of renewable agricultural resources.

TYPES OF ASSISTANCE
Direct Payments for Specified Use; Advisory Services and Counseling; Provision of Specialized Services.

USES AND USE RESTRICTIONS
Funds are used to support inventory, analysis, management, and improvement of Indian agricultural lands; to administer authorized use of Indian agricultural lands; and to support efforts to control noxious weeds and other invasive species on Indian lands.

Applicant Eligibility
Native American individuals, tribal governments and native organizations authorized by tribal governments, and individuals and entities authorized to make use of Indian agricultural lands and resources.

Beneficiary Eligibility
Native American landowners, Indian tribes and their members, native organizations authorized by tribal governments, and individuals and entities authorized to make use of Indian agricultural lands and resources.

Credentials/Documentation
Must have a landownership, tribal government, or authorized-user interest in the Indian agricultural land or resource that is the basis of assistance request.

Preapplication Coordination
For Public Law 93-638 requests, coordination recommended before a submission of request for noxious weed control funding. Pre-application coordination not needed for individual advisory services and counseling or provision of specialized service requests.

Application Procedure
For Public Law 93-638 requests, awards of noxious weed control funding are made by the Central Office of the BIA. Individual advisory services and counseling, and provision of specialized services are handled at the Agency, Region, or Central Office level as appropriate.

Award Procedure
In most cases, the award can be approved at the agency level. In some instances, the application will be forwarded to the Regional Director for approval. The dollar value of Agriculture awards depends upon the amount that has been prioritized by the individual tribe through tribal participation in the BIA's budget formulation process (TPA).

Deadlines
None.

Range of Approval/Disapproval Time
For Public Law 93-638 requests applications will be processed within 90 days.

Appeals
For Public Law 93-638 requests an unsuccessful applicant may request an informal conference with the deciding official, or may appeal the denial of the application to the Interior Board of Indian Appeals, or may bring suit in U.S. District Court. Full appeal procedures are found in 25 CFR, Part 900.

Renewals
For Public Law 93-638 requests agriculture awards may be renewed indefinitely upon satisfactory performance by the contractor/grantee. A notice of intent to renew should be submitted at least 90 days prior to the expiration of the current award. Noxious Weed Eradication assistance is awarded for projects on a year-by-year basis and is not intended to provide perennial support for tribal programs.

Formula and Matching Requirements
Noxious Weed Eradication requires a minimum 50 percent cost-share agreement for the control projects.

Length and Time Phasing of Assistance
For Public Law 93-638 requests noxious weed control funding is awarded annually and must be obligated by the second year.

Reports
Financial status reports, SF 269A, are required. The timing and nature of program accomplishment data will be negotiated with the contractor/grantee.

Audits
For awards made under Public Law 93-638 awards, grantees and subgrantees are responsible for obtaining audits. All non-Federal 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. Non-federal entities that expend less than $500,000 or more in Federal awards are exempt from Federal audit requirements for that year, except as noted in 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
14-2100-0-1-302.

Obligations
(Total Amount of Awards) Agriculture: FY 07 est. $3,337,950; FY 08 est. $3,504,600; and FY 09 est. not available. Noxious Weed Eradication: FY 07 est. $147,450; FY 08 est. $154,650; and FY 09 est. not available.

Range and Average of Financial Assistance
Agriculture: $200 to $575,000; $50,000. Noxious Weed Eradication: $500 to $300,000; $6,200.

PROGRAM ACCOMPLISHMENTS
Annually, program funds, through the TPA process, assist nearly 30,000 farmers, ranchers, and landowners in the management and development of over 45 million acres of Indian land used for farming and grazing. Fifty tribes/tribal organizations receive competitive Noxious Weed Eradication awards, treating approximately 80,000 acres of trust lands.

REGULATIONS, GUIDELINES, AND LITERATURE
25 CFR, Parts 161, 162, 166, 167, 168, and 900.

Regional or Local Office
Applications may be filed with the local Bureau of Indian Affairs agency office as listed in Appendix IV of the Catalog.

Headquarters Office
Office of Trust Responsibilities, Division of Water and Land Resources, Branch of Agriculture and Range, Bureau of Indian Affairs, 1849 C Street NW, MS 4513 MIB, Washington, DC 20240. Contact: David Edington. Telephone: (202)513-0866.

Web Site Address
http://www.doi.gov/bia/otrhome.htm; http:// www.doi.gov/bureau-indian-affairs.html

RELATED PROGRAMS
15.033, Road Maintenance_Indian Roads; 15.035, Forestry on Indian Lands; 15.040, Real Estate Programs_Indian Lands; 15.049, Irrigation Operations and Maintenance on Indian Lands.

EXAMPLES OF FUNDED PROJECTS
Inventories to identify vegetative cover, condition, and level of annual utilization; preparation of programmatic and unit-specific planning documents; rangeland pest control and livestock trespass investigation; leasing and permitting support and administration; chemical, mechanical and biological control of noxious weeds; and integrated pest management.

CRITERIA FOR SELECTING PROPOSALS
For contracts under the Indian Self-Determination and Education Assistance Act: All applicants for assistance meeting the criteria in 25 CFR part 900 will be funded. Noxious Weed Eradication: Project proposals are ranked according to land use and indicators of cooperator support, pest management integration, degree of establishment of targeted weed, and support of noxious weed control.


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