AFA Negotiation Process...How does a Tribe/Consortium negotiate an AFA? There are two phases of the negotiation process. Information phase • Tribe/Consortium submit a letter of interest
What is an Annual Funding Agreement (AFA) for a non-BIA program?
Legally binding and mutually enforceable agreement
Each funding agreement negotiate terms such as: authorize the tribe to plan, conduct, consolidate, and administer programs, services, functions, and activities or portions thereof, administered by the Department of the Interior
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A description of that portion or portions of a bureau program that are to be performed by the Tribe/Consortium; associated funding, terms and conditions under which the Tribe/Consortium will assume a program, or portion of a program. Subject to such terms as may be negotiated, authorize the tribe to plan, conduct, consolidate, and administer programs, services, functions, and activities or portions thereof, administered by the Department of the Interior ... Additional Activities. Each funding agreement … may, in accordance to such additional terms as the parties deem appropriate, also include other programs, services, functions, and activities, or portions thereof, administered by the Secretary of the Interior which are of special geographic, historical, or cultural significance to the participating Indian tribe requesting a compact.
Who may participate in an AFA? Any Self-Governance Tribe and a DOI Bureau.
• The Secretary annually publishes a list of eligible programs in the Federal Register.
The qualified applicant pool shall consist of each tribe that— (1) successfully completes the planning phase; (2) has requested participation in Self-Governance by resolution or other
official action by the tribal governing body; and (3) has demonstrated, for the previous three fiscal years, financial stability
and financial management capability. Eligible for a grant to plan and negotiate participation in Self-
Governance.
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Any self-governance tribe may contact a National Wildlife Refuge or National Fish Hatchery directly concerning participation in Service programs under the Tribal Self-Governance Act. Each Indian tribe seeking to begin participation in Self-Governance shall complete a planning phase and is eligible for a grant to plan and negotiate participation in Self-Governance. The planning phase shall include— (1) legal and budgetary research; and (2) internal tribal government planning and organizational preparation. If a Tribe is not a Self-Governance Tribe, there are other opportunities to work with FWS, such as an MOU or other type of partnership.
How does a Tribe/Consortium negotiate an AFA? There are two phases of the negotiation process.
Information phase
• Tribe/Consortium submit a letter of interest to the bureau administering a program .
Negotiation phase
• An authorized official of the newly selected Tribe/Consortium submits a written request to negotiate an AFA.
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How does a Tribe/Consortium negotiate an AFA? There are two phases of the negotiation process. 1. The information phase; and 2. The negotiation phase To initiate the information phase, a Tribe/Consortium submits a letter of interest to the bureau administering a program that the Tribe/Consortium may want to include in its AFA. To initiate the negotiation phase, an authorized official of the newly selected Tribe/Consortium submits a written request to negotiate an AFA. What non-BIA programs are eligible for inclusion in an annual funding agreement? The Secretary annually publishes a list of eligible programs in the Federal Register. Activities that may be eligible for a self-governance funding agreement may include, but are not limited to: Construction, farming, concessions, maintenance, biological program efforts, habitat management, fire management, and implementation of comprehensive conservation planning.
How does the bureau respond to a request to negotiate? Within 15 days of receiving a request to negotiate the bureau will—
• identify a lead negotiator and awarding official for executing the AFA, or • If the program is of a special geographic , cultural, or historic significance to a
Tribe/Consortium, the bureau will schedule a pre-negotiation meeting as soon as possible to determine if the program is available for negotiation.
Within 30 days the bureau and the Tribe/Consortium will agree to a date to conduct an initial negotiation meeting.
• Subsequent meetings will be held with reasonable frequency at reasonable times.
Once negotiations have been completed—
• An AFA will be prepared and executed or disapproved within 30 days or by a mutually agreed upon date.
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How does the bureau respond to a request to negotiate? Within 15 days of receiving a Tribe's/Consortium's request to negotiate, the bureau will take the steps in this section. If more than one bureau is involved, a lead bureau must be designated to conduct negotiations. If the program is contained on the section 405(c) list, the bureau will identify the lead negotiator(s) and awarding official(s) for executing the AFA. If the program is potentially of a special geographic, cultural, or historic significance to a Tribe/Consortium, the bureau will schedule a pre-negotiation meeting with the Tribe/Consortium as soon as possible. The purpose of the meeting is to assist the bureau in determining if the program is available for negotiation. Within 10 days after convening a meeting under paragraph (c) of this section: If the program is available for negotiation, the bureau will identify the lead negotiator(s) and awarding official(s); or If the program is unavailable for negotiation, the bureau will give to the Tribe/Consortium a written explanation of why the program is unavailable for negotiation. Within 30 days of receiving a written request to negotiate, the bureau and the Tribe/Consortium will agree to a date to conduct an initial negotiation meeting. Subsequent meetings will be held with reasonable frequency at reasonable times. Once negotiations have been successfully completed, the bureau and Tribe/Consortium will prepare and either execute or disapprove an AFA within 30 days or by a mutually agreed upon date.
What happens when the AFA is signed? The Secretary forwards copies of the AFA to:
• Tribe/Consortium • The House Subcommittee on Native Americans and Insular Affairs; and • The Senate Committee on Indian Affairs; • For BIA programs, the AFA is also forwarded to each Indian Tribe/Consortium
served by the BIA Agency that serves any Tribe/Consortium that is a party to the AFA.
Becomes effective not earlier than 90 days after the AFA is submitted to the Congressional committees.
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What happens when the AFA is signed? After all parties have signed the AFA, a copy is sent to the Tribe/Consortium. The Secretary forwards copies of the AFA to: The House Subcommittee on Native Americans and Insular Affairs; and The Senate Committee on Indian Affairs; For BIA programs, the AFA is also forwarded to each Indian Tribe/Consortium served by the BIA Agency that serves any Tribe/Consortium that is a party to the AFA. The effective date is not earlier than 90 days after the AFA is submitted to the Congressional committees under § 1000.177(b).
