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American Indian Policy Institute at Arizona State University | April 2020 Policy Update

AIPI April 2020 Policy Update

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State Update
Federal Update

Policy Recap for April 2020

 AIPI Starts Blog to Provide COVID-19 Information for Tribes

To View Daily Updates Curated by AIPI Click Here


Information and Resources for Tribal Governments and Citizens
  • Centers for Disease Control and Prevention: The CDC is continually monitoring the spread of COVID-19 and providing up-to-date information on healthy/safe practices to engage in.
  • National Indian Health Board: NIHB is also providing up-to-date information regarding the policy and human impacts of COVID-19 on tribal governments and citizens. Visit their website for ongoing developments and advocacy to secure tribal health resources. Visit their website for information regarding future calls and webinars with federal agencies and The White House.
  • National Congress of American Indians: NCAI has also developed an Indian Country resource landing page with links to partner organizations and healthcare institutions with information and resources available to tribes and their citizens.
  • Indian Health Service: IHS is providing up-to-date information on its website regarding COVID-19 and IHS/tribal healthcare facilities.
  • Bureau of Indian Affairs: BIA has developed a website for information and resources on the COVID-19 outbreak and information for tribal governments and schools.
  • Department of Education: The U.S. Department of Education has developed a landing page for COVID-19 information and resources for schools and school personnel
  • Federal Emergency Management Agency: FEMA has released a COVID-19 Emergency Declaration Fact Sheet following President Trump's COVID-19 Pandemic Declaration. Tribes are encouraged to reach out to their regional FEMA Tribal Liaisons for Assistance, contact information for your regional FEMA Tribal Liaison can be found here.
  • Substance Abuse and Mental Health Services Administration: SAMHSA has published guidance to curtail the spread of COVID-19.
  • Centers for Medicare & Medicaid Services: CMS is providing updates on its 'Newsroom' webpage for COVID-19 implications to the provision of Medicare and Medicaid Services.
  • Department of Labor: The department has developed a COVID-19 webpage with information on how to protect and safeguard workplaces from the spread of COVID-19.
Arizona Legislative Update
The 54th State of Arizona Legislature convened for its 2020 Second Regular Session on February 25, 2020. The 53rd Legislature, Second Regular Session adjourned Sine Die on May 4, 2019.

In this Issue, Dated January 29, 2020 through March 24, 2020, four bills were introduced and/or considered and one was signed into law.

A total of 26 bills related to tribes have been filed, introduced, or considered in the 54th State of Arizona Legislature. To view the full list and analyses of these bills, Click Here.


Highlights - View the Overall Document by Clicking the Link Above

Bills Considered by the State of Arizona 54th Legislature
March 10, 2020 – HB 2120, “Schools; graduation ceremonies; cultural regalia”. Senate read second time House third reading and voting to pass (58-2-0-0) on March 5, 2020 and transmitted to the Senate on March 6, 2020. Introduced by Rep. David Cook (R-8) on February 5, 2020. Link to Bill.
  • Bill would prohibit a school district governing board or a charter school from prohibiting a pupil from wearing cultural regalia while participating in a graduation ceremony.
March 11, 2020 – SB 1492, “Arizona teachers academy; program pathways”. House read a second time. Senate third read and voting to pass (26-0-4-0) and transmitted to the House on February 20, 2020. Introduced by Sen. Paul Boyer (R-20) on February 3, 2020. Link to Bill.
  • Bill would allow an Arizona college that is state owned, operated, or chartered by a qualifying Indian tribe on its own Indian reservation and offers baccalaureate teacher education programs to be eligible to participate in the Arizona Teachers Academy and receive monies from its fund.
March 12, 2020 – HB 2813, “Sports betting; historic racing; revenue”. House Committee of the Whole action: Retained on the Calendar. House Minority Caucus and House Majority Caucus: Do Pass on March 10, 2020. Introduced by Rep. Stephen Pierce (R-1) on February 11, 2020. Link to Bill.
  • Bill would allow an Indian tribe to operate a sports betting license through a tribal gaming operator that is wholly owned by the Indian tribe.
March 17, 2020 – SB 1418, “Board of library examiners; continuation”. House Rules Committee Action: Withdrawn, voting (0-0-0-0-0-0).House Governance Committee action: Do Pass, voting (10-0-0-1-0-0) on March 5, 2020. Passed the Senate (26-0-4-0) on February 20, 2020. Introduced by Sen. David Farnsworth (R-16) on January 29. 2020. Link to Bill.
  • Bill would add a member who is a current or former elected tribal official to the State Board on Geographic and Historic Names.
  • Law requires the Arizona Health Care Cost Containment System Administration to seek federal authorization to reimburse the Indian Health Services and tribal facilities to cover the cost of adult dental services that are eligible for a federal medical assistance percentage of 100 percent.
Federal Policy Update

To view a complete list and detailed analyses/summaries of federal congressional hearings (1 hearing), congressional bills introduced/considered (7 bills), and Administrative actions (18 Federal Register Notices) between March 30, 2020, and April 24, 2020, Click Here.

Highlights - View the Overall Document by Clicking the Link Above

Federal Hearings – 116th Congress, Second Session
April 17, 2020 – NRDems Forum: Coronavirus Response in Indian Country. Link to Forum.
 
Federal Bills Introduced/Considered - 116th Congress, First Session
March 31, 2020 – H.R. 6237, PRC for Native Veterans Act. Referred to the House Subcommittee for Indigenous Peoples of the United States. Introduced by Rep. Ruben Gallego (D-AZ-7) on March 12, 2020. Link to Bill.
  • Clarifies that the Department of Veterans Affairs and the Department of Defense can reimburse the Indian Health Service for certain health care services provided to Native American veterans.
April 1, 2020 – H.R. 6261, To provide for coverage of testing for COVID-19 at no cost sharing for Indians receiving health services through the Indian Health Service, and for other purposes. Referred to the House Subcommittee for Indigenous Peoples of the United States. Introduced by Rep. Raul Ruiz (D-CA-36) on March 12, 2020. Link to Bill.

April 7, 2020 – H.R. 6468, Coronavirus Assistance for States Act. Introduced by Rep. Ed Perlmutter (D-CO-7) and referred to the House Committee on Oversight and Reform. Link to Bill.
  • Bill would provide $332 billion for fiscal year 2020 to states and tribal governments affected by the COVID-19 pandemic. Funds would be disbursed based on the population of such states and tribal lands. Funds could be used to cover governmental costs that are necessary expenditures incurred during a public health emergency, to replace revenue lost as a result of the COVID-19 pandemic, or to contribute to the economic recovery of a state or tribe.
April 17, 2020 – H.R. 6535, To deem an urban Indian organization and employees thereof to be a part of the Public Health Service for the purposes of certain claims for personal injury, and for other purposes. Introduced by Rep. Ruben Gallego (D-AZ-7) and referred to the House Committee on Natural Resources, the House Committee on Energy and Commerce, and the House Committee on the Judiciary. Link to Bill.

April 21, 2020 – H.R. 6563, Emergency Educational Connections Act of 2020. Introduced by Rep. Grace Meng (D-NY-6) and referred to the House Committee on Energy and Commerce. Link to Bill.
  • Bill directs the Federal Communications Commission to promulgate regulations no later than seven days following the bill’s passage for elementary schools, secondary schools, or libraries (including those institutions run by tribes) to purchase Wi-Fi hotspots, other equipment, and connected devices during emergency periods related to the COVID-19 pandemic.
April 21, 2020 – H.R. 6585, Equitable Data Collection and Disclosure on COVID-19 Act. Introduced by Rep. Robin Kelly (D-IL-2) and referred to the House Committee on Energy and Commerce, and the House Committee on Natural Resources. Link to Bill.
  • Bill provides emergency funding for federal data collection on the racial, ethnic, and other demographic disparities of COVID-19. Authorizes a $3 billion appropriation to the Indian Health Service and Indian tribes and tribal organizations.
April 24, 2020 – H.R. 266, Paycheck Protection Program and Health Care Enhancement Act. Became Public Law No. 116-139. Introduced by Rep. Betty McCollum (D-MN-4) on January 8, 2019. Link to Law.
  • Law provides funding for small business loans, health care providers, and COVID-19 testing. Provided $11 billion for COVID-19 testing to states, localities, territories, tribes, tribal organizations, and urban Indian health organizations. Law also provides a $750 million appropriation to the Indian Health Service.
Federal Administrative & Regulatory Actions
March 26, 2020 – Department of the Interior; Bureau of Indian Affairs; Final rule; Standards, Assessments, and Accountability System. Link to Federal Register Notice.
  • The Bureau of Indian Education (BIE) is finalizing a rule establishing requirements for standards, assessments, and an accountability system for BIE-funded schools. After publishing a proposed rule on June 10, 2019, BIE held six tribal consultation sessions in July and August of 2019. This final rule publishes the responses to the comments from those sessions, including amendments that were made. For further information, please follow the link above or contact: Elizabeth Appel, Director, Office of Regulatory Affairs & Collaborative Action, (202) 273-4680; elizabeth.appel@bia.gov. This final rule is effective on April 27, 2020.
March 26, 2020 – Environmental Protection Agency; Final rule; National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills Residual Risk and Technology Review. Link to Federal Register Notice.
  • The Environmental Protection Agency (EPA) is issuing a final rule outlining amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP). While this action has tribal implications, it will neither impose substantial direct compliance costs on federally recognized tribal governments, nor preempt tribal law. Still, the EPA estimates that one tribe, the Salt River Pima-Maricopa Indian Community, may be potentially subject to the NESHAP due to the three landfills in their possession. Two of the landfills are already controlling emissions—the Salt River Landfill and the Tri Cities Landfill. Nevertheless, these final changes are not expected to increase the costs. The other landfill, North Center Street Landfill, is not estimated to install controls under the NESHAP. The EPA offered to consult with tribal officials under the EPA Policy on Consultation and Coordination with Indian Tribes in the process of developing this regulation to permit them to have meaningful and timely input into its development. For questions about this final action, please contact: Andrew Sheppard, Natural Resources Group, Sector Policies and Programs Division (E143-03), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; phone number: (919) 541-4161; fax number: (919) 541-0516; or via email: Sheppard.Andrew@epa.gov.  This final rule went into effect on March 26, 2020.  
March 30, 2020 – Department of the Interior; Bureau of Indian Affairs; Final rule; Tribal Transportation Program; Inventory of Proposed Roads. Link to Federal Register Notice.
  • The Bureau of Indian Affairs (BIA) is finalizing a change to a provision in the Tribal Transportation Program regulations affecting proposed roads that are currently in the National Tribal Transportation Facility Inventory (NTTFI). Specifically, this final rule deletes the requirement for Tribes to collect and submit certain data in order to keep those proposed roads in the NTTFI. The requirement to collect and submit data to add new proposed roads to the NTTFI remains in place. In response to comments, the BIA has determined that removal of the requirement for data collection, as proposed, would be the most fair and de-regulatory course of action. BIA also determined that it is appropriate to continue to require the data to change or update inventoried proposed roads because the changes or updates will meet the intent of the original provision in the regulation in managing data increases in the inventory. For further information, please follow the link above or contact: Mr. LeRoy Gishi, Division of Transportation, Office of Indian Services, Bureau of Indian Affairs, (202) 513-7711, leroy.gishi@bia.gov.  This final rule is effective April 29, 2020.
April 7, 2020 – Department of the Interior; Bureau of Indian Affairs; Notice; correction; National Tribal Broadband Grant; Solicitation of Proposals. Link to Federal Register Notice.
  • The Bureau of Indian Affairs published a document in the Federal Register of February 10, 2020, that contained an incorrect CFDA Number. This notice corrects the CDFA Number to be 15.032. Previous notes on the BIA document read as follows: The Office of Indian Energy and Economic Development (IEED), Office of the Assistant Secretary—Indian Affairs, is soliciting proposals from Indian Tribes for grant funding to hire consultants to perform feasibility studies for deployment or expansion of high-speed internet (broadband) transmitted, variously, through digital subscriber line (DSL), cable modem, fiber, wireless, satellite and broadband over power lines (BPL). The IEED anticipated awarding approximately 25 to 30 grants under this announcement ranging in value from approximately $40,000 to $50,000. The program can only fund projects one year at a time. Applicants must submit a completed Application for Federal Assistance SF-424 and the Project Narrative Attachment form in a single email to IEEDBroadbandGrants@bia.gov, Attention: Ms. Jo Ann Metcalf, Certified Grant Specialist, Bureau of Indian Affairs. These forms can be found at www.grants.gov. Deadline: Applications will be accepted until 11:59 p.m. EST on Friday, May 8, 2020.
April 23, 2020 – Department of Education; Office of Elementary and Secondary Education; Notice; Extension of the Application Deadline Date; Applications for New Awards; Office of Indian Education (OIE) Formula Grant to Local Educational Agencies. Link to Federal Register Notice.
  • This notice extends the deadline date for transmittal of Part II of Electronic Application System for Indian Education (EASIE), as originally documented in the Federal Register February 7, 2020. Previous notes read as follows: The Department of Education (Department) is issuing a notice inviting applications for new awards for fiscal year (FY) 2020 for Indian Education Formula Grants to Local Educational Agencies. This program provides grants to support local educational agencies, Indian Tribes and organizations, and other eligible entities in developing and implementing elementary and secondary school programs that serve Indian students. The Department funds comprehensive programs that are designed to meet the unique cultural, language, and educational needs of American Indian and Alaska Native (AI/AN) students and ensure that all students meet challenging State academic standards. There is greater than $100 million in available funds to be distributed to an estimated 1,300 award recipients over a 12- month period. This notice extends the deadline date for transmittal of Part II of Electronic Application System for Indian Education (EASIE) applications from May 21, 2020 until June 19, 2020 at 11:59 p.m.
April 23, 2020 – Federal Communications Commission; Final action; requirements and procedures; Auction of Priority Access Licenses for the 3550-3650 MHz Band; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 105. Link to Federal Register Notice.
  • This document summarizes the procedures and deadlines for the upcoming auction of Priority Access Licenses for the 3350-3650 MHz Band. The Auction 105 Procedures Public Notice summarized here is intended to familiarize applicants with the procedures and other requirements governing participation in Auction 105 by providing details regarding the procedures, terms, conditions, dates, and deadlines, as well as an overview of the post-auction application and payment processes. This document also summarizes a subsequent announcement of changes to various dates associated with Auction 105 made in light of COVID-19 pandemic. This document discusses in detail the Tribal Lands Bidding Credit, among other tribally related concerns. For more information, follow either links above or contact: the Auctions Hotline at (717) 338-2868 for general questions. For Priority Access License questions, contact Jessica Quinley in the Mobility Division of the Wireless Telecommunications Bureau at (202) 418-1991. For auction legal questions, contact Mary Lovejoy in the Auctions Division of the Office of Economics and Analytics at (202) 418-0660. Applications to participate in Auction 105 must be submitted prior to 6:00 p.m. ET on May 7, 2020. Upfront payments for Auction 105 must be received by 6:00 p.m. ET.
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