Overview of US Department of the Interior Indian Affairs Title 105(l) - September 25, 2020
This document provides an overview of the US Department of the Interior Indian Affairs Title, specifically Section 105(l) under Public Law 93-638, also known as ISDEAA. It highlights the importance of self-governance and communication within Tribal Consortia. It discusses listening sessions, developing internal frameworks for leases, and the process for executing facility leases under the Indian Self-Determination Education and Assistance Act.
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Presentation Transcript
US Department of the Interior Indian Affairs Title Indian Affairs and Section 105(l) - Pub. L. 93-638, ISDEAA - 25 U.S.C. 5324(l) September 25, 2020 Overview for the Self-Governance Communication & Education Tribal Consortium
105(l) Listening Sessions Title June 19, 2020: Assistant Secretary - Indian Affairs Letter to Tribal Leaders announcing listening sessions to learn about IA draft internal framework and answer any questions June 29, 2020 and July 1, 2020: Listening sessions on draft framework Draft framework and transcripts publicly available https://www.bia.gov/as-ia/raca/regulations-development-andor- under-review/section-105l-leases
Developing an Internal Framework Title June 2020: IA Collaboratively and successfully negotiated two 105(1) leases with Tribes one for a law enforcement facility and one for an educational facility. IA Objective: Develop a framework, utilizing lessons learned that will help guide negotiations for future 105(1) leases for these types of facilities.
Defining an Internal Framework Title Address the Basics The funding agreement vehicle on which the lease is based Method for lease calculation of lease compensation Facility description Scope and purpose of lease Review of materials Negotiation Legal sufficiency review Lease execution
NPM-OFPSM-3 Title September 11, 2020: National Policy Memo Lease of Facilities under the Authority of the Indian Self- Determination Education and Assistance Act, 25 U.S.C. 5324(l) Process for executing a facility lease Applies to all IA headquarters, field, and program offices under the authority of AS-IA, including the BIA and BIE https://www.bia.gov/sites/bia.gov/files/assets/public/raca/national_po licy_memoranda/pdf/NPM-OFPSM- 3%20Lease%20Facilities%20under%20ISDEAA_FINAL_Signed_IssueDat e_508.pdf
Title NPM Policy Section 105(l) of ISDEAA, 25 U.S.C. 5324(l), requires the Secretary, at the request of an Indian Tribe or Tribal organization (T/TO), to enter into a lease with the T/TO for a facility in which the T/TO holds title, has a leasehold interest, or has a trust interest for administration or delivery of services under an approved ISDEAA Title I contract, Title IV self-governance funding agreement (collectively ISDEAA agreement ), or Public Law (P.L.) 100-297 grant (297 grant). The lease must include compensation as provided in Section 105(l)(2) and such other reasonable expenses that the Secretary determines, by regulation, to be allowable. The applicable regulations are located at 25 CFR 900.69-900.74 and contain lease requirements and compensation elements. Lease terms and provisions are subject to negotiation between IA and the T/TO. Lease compensation must be reasonable and may not be duplicative with other federal funding the T/TO may be receiving, e.g., indirect or direct costs or facilities operation and maintenance funding.
DOI 105(l) Contacts Title Judith Wilson, Director of Office of Facilities, Property, and Safety Management at Judith.Wilson@bia.gov with copy to Bryan.Shade@sol.doi.gov.
