The Bureau of Indian Affairs: FY2022 Appropriations

The Bureau of Indian Affairs: FY2022 Appropriations

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August 13, 2021
The Bureau of Indian Affairs: FY2022 Appropriations
The Bureau of Indian Affairs (BIA), in the U.S. Department
amounts spent in FY2020 as reported in the FY2022 BIA
of the Interior (DOI), administers programs for tribal
request.
government, social services, law enforcement,
b. BIA proposed this as a new account in the FY2021 request.
infrastructure, and trust land and natural resources in Indian
c.
BIA proposed this as a new account in the FY2022 request.
Country. BIA plays a leading role in carrying out federal
trust, treaty, and other responsibilities to American Indians,
BIA discretionary appropriations are provided through
Alaska Natives, and federally recognized tribes.
several accounts. Operation of Indian Programs (OIP) is
BIA’s largest account. Other accounts include Contract
This In Focus compares President Biden’s request for
Support Costs, Payments for Tribal Leases, Construction,
FY2022 discretionary appropriations with enacted BIA
Indian Land and Water Claim Settlements and
FY2020 and FY2021 discretionary appropriations.
Miscellaneous Payments to Indians (Settlements), and the
Supplemental, mandatory, and Bureau of Indian Education
Indian Guaranteed Loan Program (Loan Program). BIA’s
(BIE) appropriations are not included. Issues for Congress
FY2022 request would increase funding for most accounts
include determining the amount of discretionary funding to
relative to FY2020 and FY2021. BIA also proposed a new
provide BIA, the distribution of such funding across
account for FY2022—Indian Land Consolidation.
programs and activities, and the terms and conditions of
Operation of Indian Programs
such funding. Congress also may consider whether to adopt
BIA’s proposal
The requested level for OIP in FY2022 is $1.916 billion, an
for a new appropriations account.
increase of 21.5% from $1.577 billion in FY2020 enacted
Discretionary Appropriations Accounts
and an increase of 18.5% from $1.616 billion in FY2021
enacted. Table 2 shows FY2020 enacted, FY2021 enacted,
Congress and the Administration generally provide
and FY2022 requested appropriations for each OIP activity,
discretionary appropriations to BIA in annual
several of which are discussed below. Of the OIP total, the
appropriations laws for the Department of the Interior,
FY2022 request includes $788.9 million for tribal priority
Environment, and Related Agencies. BIA requested $2.618
allocations (TPA). TPA is a BIA budgetary tool that allows
billion in discretionary funding in FY2022, an increase of
direct involvement by tribes in setting priorities for their
26.0% from $2.078 billion enacted in FY2020 and 21.3%
operating programs. TPA includes funds across multiple
from $2.159 billion enacted in FY2021. (See Table 1.)
activities as “guaranteed” base funding for tribes.
Table 1. Bureau of Indian Affairs (BIA) Discretionary
Tribal Government (TG). The requested level for TG in
Appropriations, by Account (dollars in millions)
FY2022 is $356.4 million, an increase of 6.7% from $334.2
FY2020
FY2021
FY2022
million enacted in FY2020 and an increase of 4.5% from
Account
Enacted
Enacted
Requested
$341.0 million enacted in FY2021. TG assists tribes in
strengthening government structures, such as funding for
Operation of Indian
$1,577.1
$1,616.5
$1,916.1
newly recognized tribes, and supports self-governance
Programs
through contracting and compacting of federal programs by
Contract Support
$316.6
$335.0
$240.0
tribes under the Indian Self-Determination and Education
Costsa
Assistance Act (ISDEAA; 25 U.S.C. §§5301 et seq.). TG
includes funding for BIA road maintenance on tribal lands.
Payments for Tribal
—
$21.6
$36.6
Leasesb
Human Services (HS). The FY2022 requested level for HS
Indian Land
—
—
$150.0
is $175.3 million, an increase of 12.6% from $155.7 million
Consolidationc
enacted in FY2020 and an increase of 8.7% from $161.2
million enacted in FY2021. HS supports social programs,
Construction
$126.6
$128.8
$188.0
such as Social Services, Welfare Assistance, and Indian
Settlements
$45.6
$45.6
$75.8
Child Welfare Act programs.
Loan Program
$11.8
$11.8
$11.8
Trust-Natural Resources Management (TNRM). The
Total
$2,077.8
$2,159.3
$2,618.3
requested level for TNRM in FY2022 is $395.8 million, an
increase of 74.5% from $226.8 million enacted in FY2020
Source: Prepared by CRS with data from House Appropriations
and an increase of 52.9% from $258.8 million enacted in
Committee, 2021 (H.Rept. 117-83), and the FY2022 BIA request.
FY2021. TNRM assists tribes with managing, developing,
a.
Contract Support Costs are based on such sums as necessary;
and protecting trust lands and natural resources. Requested
the value for FY2022 requested is based on information to date.
funding for Tribal Climate Resilience is $61.0 million, a
The value for FY2020 enacted appropriations reflects actual
$46.0 million (307.7%) increase over the FY2020 enacted
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link to page 1 The Bureau of Indian Affairs: FY2022 Appropriations
level and a $44.0 million (259.6%) increase over FY2021
Source: Prepared by CRS with data from House Appropriations
enacted level. FY2021 enacted appropriations transferred
Committee, 2021 (H.Rept. 117-83), and the FY2022 BIA request.
the Minerals and Mining sub-activity from the Community
and Economic Development activity to TNRM. FY2022
Payments for Tribal Leases
requested funding for Minerals and Mining is $67.0 million,
Under Section 105(l) of ISDEAA, the Secretary of the
a $40.5 million (152.5%) increase over FY2020 enacted
Interior is required to enter into a lease with a tribe, upon
appropriations and a $40.3 million (150.9%) increase over
the tribe’s request, for a facility the tribe uses to carry out
FY2021 enacted appropriations.
the tribe’s responsibilities under a contract or compact,
commonly referred to as a 105(l) lease. In FY2021,
Trust-Real Estate Services (TRES). The requested level
Congress funded a new appropriations account, Payments
for TRES in FY2022 is $169.9 million, an increase of
for Tribal Leases, to consolidate BIA and BIE 105(l)
23.0% from $138.1 million enacted in FY2020 and an
leasing costs, which were funded under other BIA and BIE
increase of 20.8% from $140.7 million enacted in FY2021.
accounts in prior fiscal years. Requested funding for this
TRES addresses BIA’s responsibilities to tribes in trust
account in FY2022 is $36.6 million, a $15.0 million
services, probate, and land titles and records.
(69.5%) increase from FY2021 enacted appropriations. The
FY2022 request proposed to reclassify this account from a
Public Safety and Justice (PSJ). The FY2022 requested
discretionary to a mandatory appropriations account
level for PSJ is $507.1 million, an increase of 16.8% from
beginning in FY2023.
$434.3 million enacted in FY2020 and an increase of 13.0%
from $448.7 million enacted in FY2021. PSJ funds
Other Appropriations Accounts
programs on police services, detention/correctional
Requested funding for Contract Support Costs (i.e., the
facilities, and tribal courts. The FY2022 request proposed
indirect costs of tribes administering federal programs
increases for several PSJ activities, including law
under ISDEAA) in FY2022 is $240.0 million (see Table 1).
enforcement special initiatives to address missing and
FY2022 requested funding for the Construction account is
murdered indigenous peoples and implementation of public
$188.0 million, an increase of 48.5% from $126.6 enacted
safety changes resulting from the Supreme Court’s decision
in FY2020 and an increase of 45.9% from $128.8 million
in McGirt v. Ok lahoma (for more information on this case,
enacted in FY2021. Requested funding for Settlements in
see CRS Legal Sidebar LSB10527, This Land Is Whose
FY2022 is $75.8 million, an increase of 66.2% from $45.6
Land? The McGirt v. Ok lahoma Decision and
million in both FY2020 and FY2021 enacted levels. The
Considerations for Congress, by Mainon A. Schwartz).
FY2022 request essentially maintains (< 1% increase) the
FY2020 and FY2021 enacted levels for the Loan Program.
Community and Economic Development (CED). The
FY2022 requested level for CED is $42.9 million, a
New Appropriations Account
decrease of 18.4% from $52.5 million enacted in FY2020
In FY2022, DOI proposed a new appropriations account—
and an increase of 75.1% from $24.5 million enacted in
Indian Land Consolidation—with $150.0 million for
FY2021. The decrease from the FY2020 enacted level is in
reestablishing the Indian Land Consolidation Program
large part due to the transfer of Minerals and Mining to the
(ILCP). DOI indicates the ILCP would be a modified
TNRM activity. CED activities seek to foster job placement
version of the land consolidation program that existed prior
and economic growth in Indian Country. The FY2022
to the current Land Buy-Back Program (LBBP). The
request proposed increased funding for training programs
LBBP’s establishment stems from the 2009 settlement of
focused on clean energy jobs.
Cobell v. Salazar, a lawsuit against DOI involving alleged
claims of mismanaged trust assets of tribal members. The
Table 2. BIA Operation of Indian Programs
settlement authorized the LBBP to acquire fractionated
Subaccount Activities (dollars in millions)
interests (i.e., numerous individuals owning an interest in
the same parcel of land) in tribal lands. The LBBP is
FY2020
FY2021
FY2022
scheduled to expire in November 2022. DOI states that the
Subaccount
Enacted
Enacted
Requested
ILCP would continue consolidating fractionated interests.
Tribal Government
$334.2
$341.0
$356.4
Tiwahe Initiative
Human Services
$155.7
$161.2
$175.3
Launched in 2014, the Tiwahe Initiative, funded under the
Trust – Natural
HS, PSJ, and CED activities, expanded social services and
$226.8
$258.8
$395.8
Resources Management
similar programs to address child and family welfare, job
training, and incarceration issues. To address concerns
Trust – Real Estate
$138.1
$140.7
$169.9
about documentation of funding, in FY2021, Congress
Services
directed BIA to produce one report on funding levels and
Public Safety & Justice
$434.3
$448.7
$507.1
distribution of funding to tribes and another report on
guidelines for tribes to implement the Tiwahe Initiative
Community & Economic
using TPA funding. In FY2022, DOI proposed funding to
$52.5
$24.5
$42.9
Development
execute the reports requested by Congress and to add two
new Tiwahe sites.
Executive Direction
$235.5
$241.6
$268.7
Total
$1,577.1
$1,616.5
$1,916.1
Tana Fitzpatrick, Specialist in Natural Resources Policy
IF11899
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The Bureau of Indian Affairs: FY2022 Appropriations

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