[Federal Register Volume 61, Number 172 (Wednesday, September 4, 1996)]
[Notices]
[Pages 46660-46662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22481]


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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs


Office of Tribal Services' Proposed Funding Distribution 
Methodologies

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of Proposed Transfer of Funds to Tribal Priority 
Allocations.

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SUMMARY: In compliance with House Report Language 103-551, notice is 
hereby given that in Fiscal Year (FY) 1997, the Bureau of Indian 
Affairs (BIA), Office of Tribal Services, proposes to permanently 
transfer Contract Support Funds, Housing Improvement Program Funds, and 
Social Services Welfare Assistance Funds to each eligible Indian 
tribe's Tribal Priority Allocations (TPA) budget based on the 
methodology selected for each program. Currently, funds are allotted 
annually to and

[[Page 46661]]

distributed by the twelve BIA area offices and the Office of Self-
Governance (OSG) for further distribution to tribes and BIA agencies 
based on the level of current year appropriations using the procedures 
and guidelines established by the BIA for payment of these funds. Under 
the new proposal, an initial amount of funds will be identified for 
each eligible tribe, including Self-Governance Tribes, which will recur 
annually.

DATES: Written comments regarding the above proposed actions must be 
received by Close of Business in the Office of Tribal Services on or 
before October 21, 1996 in order to be considered in the final 
decisions on the distribution methodologies for the above programs. 
Tribal leaders will be notified by letter of the methodology selected 
for all three programs.

FOR FURTHER INFORMATION CONTACT: The Office of Tribal Services, Bureau 
of Indian Affairs, MS-4603-MIB, 1849 C Street, N.W., Washington, D.C. 
20240, telephone number (202) 208-3463.

SUPPLEMENTARY INFORMATION: The purpose of this notice is to provide 
Indian tribes an opportunity to submit written comments on the above 
proposed actions.
    Based on information received from the Congress and through tribal 
consultation, the Bureau is seeking input from Indian Country on 
proposed distribution methodologies for all three programs. Two 
alternative proposals for each of these programs are listed for 
consideration and all tribes are encouraged to comment on the 
methodologies as described and identify which alternative they prefer 
for each program within 45 days from the date this notice is published 
in the Federal Register. In order for the BIA to select the most fair 
and equitable methodology that would best serve all tribes under all 
three programs, broad-based tribal support from the majority of areas 
will be required. Widespread support in one or two areas for one 
alternative could constitute a national majority of tribes; however, 
that alternative will not automatically be implemented unless it also 
receives majority support in other areas as well. The following methods 
are being considered by the BIA for determining each tribe's share of 
the Contract Support, Housing Improvement Program, and Social Services 
Welfare Assistance program funds for allocation to the TPA budget 
category.
    1. The BIA's Division of Social Services proposes to transfer 
welfare assistance funds to each Indian tribe currently benefitting 
from a welfare assistance program or eligible to participate in a 
welfare assistance program.

Alternative No. 1

    The Division of Social Services proposes to use an average of the 
most recent funding history covering the period of 1993-1995. Those 
tribes without a three-year funding history must be eligible for 
operation of a BIA social services program and use 25 CFR 20 as their 
standard in order to determine funding needs for their programs. They 
must submit verifiable data of actual expenditures and projected 
expenditures for an entire year to the Area Director by September 15, 
1996 for the Area Director's certification. If the data is not 
submitted, the Area Director will formulate an average yearly funding 
for that tribe based upon caseload and funding projections and certify 
the results. The data certified by the Area Director will be included 
in the nationwide totals for welfare assistance.

Alternative No. 2

    The Division of Social Services proposes to allocate to each 
eligible tribe a base amount of $20,000 plus a percentage of the 
remaining funds based on the total population within the BIA Total 
Category in the 1993 Bureau of Indian Affairs' Indian Service 
Population and Labor Force Estimates Report. A tribe's percentage share 
would represent a comparison of the tribe's data to the national 
totals. For example, tribe X receives a total of $1,302,617 for its 
share of welfare assistance funds. This consists of a $20,000 base and 
$1,282,617 in additional funds, based on the following formula:
[GRAPHIC] [TIFF OMITTED] TN04SE96.002

which translates into: 75,894,501 (total funds after $20,000 deducted 
per tribe) multiplied by .0169=$1,282,617 in additional funds which 
results in:

$20,000....  (base amount for tribe X) plus                             
$1,282,617.  (additional funding)                                       
------------                                                            
$1,302,617.  total funding for tribe X                                  
                                                                        

If any eligible tribe, including an OSG tribe, was not included in the 
1993 BIA Labor Force Report and chooses to obtain additional funding 
beyond the $20,000 tribal base, it must submit verifiable data that 
tribal members in the BIA Total Category exist in its service 
population to the Area Director by September 15, 1996 for 
certification. If the data is not submitted, the Area Director will 
formulate an average yearly funding for that tribe based upon caseload 
and funding projections and certify the results. The data certified by 
the Area Director will be included in the nationwide totals for welfare 
assistance. If the 1995 BIA Indian Service Population and Labor Force 
Estimate Report is published in final form, this document will be used 
to calculate the appropriate tribal share.
    2. The BIA's Division of Self-Determination Services proposes to 
transfer Contract Support Funds (CSF) to the TPA budget system in FY 
1997. This proposal concerns the payment of CSF for tribes and tribal 
organizations contracting under the Indian Self-Determination and 
Education Assistance Act (Pub. L. 93-638), as amended, and is limited 
to ongoing or continuing contracts and would not affect the Indian 
Self-Determination Fund which will continue to be maintained at the 
Central Office and distributed to meet indirect cost needs for new 
contracts. Under each of the alternatives explained below, the BIA will 
provide a pro rata distribution of the available funds to the eligible 
tribes.

Alternative No. 1

    In determining the amount of the one-time transfer of CSF to the 
tribal base, the Division of Self-Determination Services proposes to 
use each tribe's most current indirect cost rate in effect during the 
period between 1994-1996, as negotiated with the Office of the 
Inspector General.

Alternative No. 2

    The Division proposes to use an average of the most recent three-
year indirect cost rates, as negotiated with the Office of the 
Inspector General.
    It is proposed that tribes contracting under the Act without 
indirect cost rates would also have CSF added to their recurring TPA 
base at the time the transfer is executed. The BIA will add a standard 
percentage (approximately 20 percent) based on the national average 
indirect cost rate. The amount derived from this percentage will be 
added to the program amount being contracted.
    3. The BIA's Division of Housing Services proposes to transfer 
Housing Improvement Program (HIP) funds to the TPA budget of each 
federally recognized Indian tribe. The HIP is not intended to meet the 
overall housing needs in Indian Country but is meant to provide 
standard housing opportunities through repairs of existing homes and, 
in a limited number of cases, replacement homes for eligible 
applicants.

[[Page 46662]]

Alternative No. 1

    The Division of Housing Services proposes to allocate to each 
eligible tribe a base amount of $20,000 plus a percentage of the 
remaining funds based on the total populations within the following 
four categories in the 1993 Bureau of Indian Affairs' Indian Service 
Population and Labor Force Estimates Report: (1) Over 65 years of age, 
(2) Unable to Work, (3) Total Not Employed of the Potential Labor 
Force, and (4) Total number of Labor Force earning $7,000 or less per 
year. A tribe's percentage share would represent a comparison of the 
tribe's data to the national totals. For example, tribe X receives a 
total of $25,000 for its share of housing funds. This consists of a 
$20,000 base and $5,000 additional funds based on the following 
formula:
[GRAPHIC] [TIFF OMITTED] TN04SE96.003

which translates into: 5,000,000 (total funds after $20,000 deducted 
per tribe) multiplied by .001 = $5,000 in additional funds, which 
results in: $20,000 (base amount for tribe X) plus $5,000 (additional 
funding) $25,000 total funding for tribe X
If any eligible tribe, including an OSG tribe, was not included in the 
1993 BIA Labor Force Report and chooses to obtain additional funding 
beyond the $20,000 tribal base, it must submit verifiable data that 
tribal members in the four categories exist in its service population 
to the Area Director by September 15, 1996 for certification. If the 
data is not submitted, the Area Director will formulate a total for the 
four categories based upon Service Population estimates and certify the 
results. The data certified by the Area Director will be included in 
the nationwide totals for HIP. If the 1995 BIA Indian Service 
Population and Labor Force Estimate Report is published in final form, 
this document will be used to calculate the appropriate share.

Alternative No. 2

    The Division proposes to use the same methodology as the first 
alternative, but allocate a base of $10,000 rather than $20,000. If the 
1995 BIA Indian Service Population and Labor Force Estimate Report is 
published in final form, this document will be used to calculate the 
appropriate share.

    Dated: August 23, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-22481 Filed 9-03-96; 8:45 am]
BILLING CODE 4310-02-P