[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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