Policy Recap for January 2021
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In the last few weeks, we witnessed disturbing events at our nation’s capital, but we were also reminded about the enormous potential of our republic when the right principles and ideas are placed at the forefront. In this spirit that we celebrated the historic nomination of Representative Debra Haaland (D-NM-1) to serve in President Biden’s Cabinet as the first Native American to serve as the Secretary of Interior. This is a deeply meaningful nomination to Indian Country and we look forward to working alongside the new administration.
We have also posted more detailed comments and thoughts on Haaland’s nomination here.
Despite much of their time being consumed by the transition to a new administration and a second impeachment trial of the 45th President, there were some important actions taken on legislation in the final days of the 116th Congress, including the Indian Community Economic Act of 2020 being signed into law on December 30, 2020. There are also pertinent notices in the Federal Registry, including upcoming virtual meetings and numerous solicitations for grant proposals.
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Arizona Legislative Update
The 55th State of Arizona Legislature convened for its 2021 First Regular Session on January 11, 2021. The 54th Legislature, Second Regular Session adjourned Sine Die on May 26, 2020.
There have been nine bills related to tribes introduced in the Arizona House and Senate as of the date of this publication. These bills include the establishment of Indigenous People’s Day, proposed changes to tax provisions affecting tribes, and appropriations to programs serving Native Americans.
To view the full list and analyses of these bills, Click Here.
January 21, 2021 – SB 1110, “TPT; exemptions; Indian tribes”. Sponsored by Sen. J.D. Mesnard (R-17). Link to Bill.
- This is a bill to amend ARS Title 42, Chapter 5, Article 2, by providing a tax exemption for sale to Indian tribes, tribally owned businesses, and tribal entities and affiliated Indians. The tax exemption applies to the gross proceeds of sales or gross income derived from any of the following: business activities performed by an Indian tribes, a tribally owned business, a tribal entity or an affiliated Indian if the business activity takes place on an Indian reservation; business activities performed by nonaffiliated Indians or non-Indian vendors on an Indian reservation for an Indian tribe, a tribal entity or an affiliated Indian; contracting activities performed on an Indian reservation by an Indian tribe, a tribally owned business, a tribal entity or an affiliated Indian; contracting activities performed for an Indian tribe, a tribally owned business, a tribal entity or an affiliated Indian on an Indian reservation by a nonaffiliated Indian or non-Indian contractor; retail sales of tangible personal property to an Indian tribe, a tribally owned business, a tribal entity or an affiliated Indian if the sale of tangible personal property takes place on an Indian reservation – a sale is deemed to take place on an Indian reservation if the tangible personal property is ordered from and delivered on an Indian reservation; and the sale of a motor vehicle to an enrolled member of an Indian tribe who resides on the Indian reservation established for that tribe. Bill also requires that nonaffiliated Indians and non-Indian vendors maintain sufficient documentation of their taxable and nontaxable gross proceeds and gross income to ensure that the Department of Revenue can determine which transactions are subject to the transaction privilege tax.
January 21, 2021 – HB 2099, “Missing and murdered indigenous peoples”. Sponsored by Rep. Jennifer Jermaine (D-18). Link to Bill.
- This bill would amend Laws 2019, Chapter 232, section 1, The Study Committee on Missing and Murdered Indigenous Women and Girls. The membership of the committee would be amended to strike one peace officer who works and resides on a federally recognized American Indian Reservation within Arizona, to strike one representative from the Southwest Indigenous Woman’s Coalition, to strike one county attorney and one sheriff from a county with a population less 850,000 persons, to strike one chief of police of a tribal police department, and to strike one member who works with a tribal, statewide, or local organization that provides legal services to indigenous women and girls. The bill would add one attorney general or judge from a tribal jurisdiction. This bill would also further define the information to be gathered by the commission and also to slightly modify the scope by changing the name from “Study Committee on Missing and Murdered Indigenous Women and Girls” to “Study Committee on Missing and Murdered Indigenous Peoples.
January 21, 2021 – HB 2212, “Indian Tribes; TPT”. Sponsored by Rep. Arlando Teller (D-7). Link to Bill.
- This bill would amend ARS Title 42, Chapter 5, Article 1 to require that a percentage of the Transaction Privilege Tax revenues collected from all sources on an Indian Reservation each month be transmitted directly to qualifying Tribes. This revenue would then be used by Tribes for telecommunication infrastructure development, community development projects, and bonding or collateral for certain loans.
January 21, 2021 – HB 2225, “Appropriations; tribal senior citizens programs”. Sponsored by Rep. Arlando Teller (D-7). Link to Bill.
- This bill would appropriate $5,000,000 from the State General Fund for each of the fiscal years 2021-2022, 2022-2023, and 2023-2024 to the Department of Economic Security to area agencies on aging and Indian tribes located in Arizona to operate nutritious food programs and to renovate facilities for senior citizens.
January 21, 2021 – HB 2234, “Holiday; indigenous peoples' day”. Sponsored by Rep. Arlando Teller (D-7). Link to Bill.
- This bill would amend ARS Title 1, Chapter 3, Article 1 to change the holiday occurring on the second Monday in October from “Columbus Day” to “Indigenous Peoples Day”.
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To view a complete list and detailed analyses/summaries of federal congressional hearings (1 hearing), congressional bills introduced/considered (8 bills), and Administrative actions (14 Federal Register Notices) between November 21, 2020, and January 22, 2021, Click Here.
It is possible that with major congressional priorities, such as the impeachment of the previous President, some of these bills were unable to receive consideration. Others may have passed one chamber, were received in the other, and referred to a committee of jurisdiction but were not considered or voted on in committee. As the 117th Congress begins session, it is possible that these bills will be re-introduced for consideration by their respective bill sponsors, assuming they were re-elected or their successor or another Member of Congress takes up the issue.
Highlights - View the Overall Document by Clicking the Link Above
Federal Hearings – 116th Congress, Second Session
December 9, 2020 – Senate Indian Affairs Oversight Hearing titled “From Languages to Homelands: Advancing Tribal Self-Governance and Cultural Sovereignty for Future Generations”. Link to Hearing.
Witness List:
- The Honorable Brian Vallo, Governor, Pueblo of Acoma (NM). Link to testimony.
- The Honorable Kirk Francis, President, United South and Eastern Tribes Sovereignty Protection Fund (TN). Link to testimony.
- John Echohawk, Executive Director, Native American Rights Fund (CO). Link to testimony.
Federal Bills Introduced/Considered - 116th Congress, Second Session
December 30, 2020 – S. 212, Indian Community Economic Enhancement Act of 2020. Became Public Law No: 116-261. Introduced by Sen. John Hoeven (R-ND) on January 24, 2019. Link to Bill.
- This bill promotes tribal economic development by amending the Buy Indian Act; the Native American Programs Act of 1974; and the Native American Business Development, Trade Promotion, and Tourism Act of 2000. This legislation elevates the Office of Native American Business Development to the Office of the Secretary of Commerce, expands the Buy Indian Act, and reauthorizes and expands economic development initiatives. The bill also requires interagency cooperation to promote private investment in Indian Country. S. 212 passed the Senate on June 27, 2019. On December 3, 2020, S. 212 passed the House with an amendment and was sent back to the Senate for consideration. The Senate agreed to the House amendment by Voice Vote on December 17, 2020 and the Bill was signed into law by the President on December 30, 2020.
December 31, 2020 – S. 2730, Drone Advisory Committee for the 21st Century Act. Became Public Law No: 116-280. Introduced by Sen. Gary Peters (D-MI) on October 29, 2019. Link to Bill.
- This bill expands the membership of the Federal Aviation Administration's (FAA) Drone Advisory Committee to include representatives from counties and tribal nations with interests in agriculture, forestry, and rangeland use of unmanned aircraft. S. 2730 passed the Senate on December 10 and the House on December 18 before being signed into law by the President on December 31, 2020.
January 5, 2021 – H.R. 6237, PRC for Native Veterans Act. Became Public Law No: 116-311. Introduced by Rep. Ruben Gallego (D-AZ-7) on March 12, 2020. Link to Bill.
- This bill specifies that the Department of Veterans Affairs or the Department of Defense must reimburse the Indian Health Service (IHS), tribes, or tribal organizations for health care services provided to American Indian and Alaska Native veterans, regardless of whether such services are provided directly by the IHS, tribes, or tribal organizations, through purchased/referred care, or through contracts for travel. H.R. 6237 passed the House on November 16 and the Senate on December 18, 2020 before being signed into law by the President on January 5, 2021.
January 5, 2021 – 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. Became Public Law No: 116-313. Introduced by Rep. Ruben Gallego (D-AZ-7) on April 17, 2020. Link to Bill.
- This bill extends federal torts claim coverage for certain personal injury claims (i.e., medical malpractice liability protection) to urban Indian organizations and their employees by deeming them as part of the Public Health Service. Such coverage is already provided to Indian tribes, tribal organizations, Indian contractors, and their employees. H.R. 6535 passed the House on December 17 and the Senate on December 20, 2020 before being signed into law by the President on January 5, 2021.
Federal Administrative & Regulatory Actions
January 7, 2021 – Federal Communications Commission; Final rule; Restoring Internet Freedom; Bridging the Digital Divide for Low-Income Consumers; Lifeline and Link Up Reform and Modernization. Link to Federal Register Notice.
- In this document, the Federal Communications Commission (Commission) responds to a remand from the U.S. Court of Appeals for the D.C. Circuit directing the Commission to assess the effects of the Commission's Restoring Internet Freedom Order on public safety, pole attachments, and the statutory basis for broadband internet access service's inclusion in the universal service ‘Lifeline’ program. This document also amends the Commission's rules to remove broadband internet service from the list of services supported by the universal service ‘Lifeline’ program, while preserving the Commission's authority to fund broadband internet access service through the ‘Lifeline’ program.
- The ‘Lifeline’ program helps low-income Americans gain access to affordable communications services and is part of the Commission's universal service efforts to close the digital divide. Currently, the ‘Lifeline’ program offers qualifying low-income consumers a discount of up to $9.25 per month on voice, broadband internet access service, or bundled services that meet the program's minimum service standards. Consumers who reside on Tribal lands can receive a discount of up to $34.25 on ‘Lifeline’ service that satisfies the minimum service standards.
- This Order on Remand shall become effective February 8, 2021.
- For further information, please contact: Annick Banoun, Competition Policy Division, Wireline Competition Bureau, at (202) 418-1521, annick.banoun@fcc.gov.
January 12, 2021 – Department of Education; Office of Elementary and Secondary Education; Notice; Applications for New Awards; Office of Indian Education Formula Grants to Local Educational Agencies. Link to Federal Register Notice.
- The Department of Education (Department) is issuing a notice inviting applications for new awards for fiscal year (FY) 2021 for Office of Indian Education (OIE) Formula Grants to Local Educational Agencies.
- Deadline(s): Part I of Electronic Application System for Indian Education (EASIE) applications will be available on February 8, 2021. Applicants must complete EASIE Part I by March 11, 2021. Part II of EASIE applications will be made available on April 5, 2021 and must be completed by May 14, 2021.
- For questions about the Formula Grants program, contact Dr. Crystal C. Moore, U.S. Department of Education, 400 Maryland Avenue SW, MS 6335, Washington, DC 20202-6335. Telephone: (202) 215-3964. Email: crystal.moore@ed.gov.
- For technical questions about the EASIE application and uploading documentation, contact the Partner Support Center (PSC). Telephone: 877-457-3336. Email: OIE.EASIE@ed.gov.
January 14, 2021 – Department of Agriculture; Food and Nutrition Service; Notice; Food Distribution Program on Indian Reservations 2018 Farm Bill Demonstration Project for Tribal Organizations: Solicitation of Proposals. Link to Federal Register Notice.
- The Department of Agriculture (USDA) Food and Nutrition Service (FNS) is soliciting proposals from eligible Tribal Organizations to participate in a demonstration project to purchase agricultural commodities for the Food Distribution Program on Indian Reservations (FDPIR).
- Participation in this demonstration project is available to Tribal Organizations that administer FDPIR. Tribal organizations will be selected on a competitive basis and funding will be awarded through a self-determination contract. A “Proposal Template” can be found by scrolling to the bottom of the Link to the Notice above or by following this direct link.
- Deadline: Proposals will be accepted until 11:59 p.m. ET on March 15, 2021.
- Email proposals to FDPIR-RC@usda.gov with subject line “FDPIR Demonstration Project”. Proposals received and date-stamped after 11:59 p.m. ET on March 15, 2021 will not be considered. FNS will accept proposals at any time before the deadline and will send a notification of receipt to the return email address on the proposal package, along with a determination of whether the proposal is complete.
- For further information, please contact: Barbara Lopez, Food Distribution Division, Food and Nutrition Service, U.S. Department of Agriculture, 1320 Braddock Place, Alexandria, Virginia 22314, 703-305-2465, or email FDPIR-RC@usda.gov.
January 15, 2021 – Department of the Interior; Bureau of Reclamation; and the Office of the Secretary; Notice of final decision to reallocate non-Indian agricultural (NIA) priority Central Arizona Project (CAP) water. Link to Federal Register Notice.
- The Department of the Interior (Department) hereby issues notice of its final decision to reallocate NIA priority CAP water in accordance with the Arizona Department of Water Resources' (ADWR) recommendation for reallocation.
- The Department will implement this decision by offering to enter into a subcontract with the entities and for the quantities of NIA priority CAP water listed in this notice. Any NIA priority CAP water subject to this decision which remains uncontracted after completion of the contracting process shall be available for future round(s) of ADWR recommendation and subsequent contracting.
- For further information, please contact: Leslie Meyers, Bureau of Reclamation, Phoenix Area Office, 6150 West Thunderbird Road, Glendale, AZ 85306-4001; telephone 623-773-6211; fax 623-773-6480; email lmeyers@usbr.gov.
January 21, 2021 – Department of Commerce; Bureau of the Census; Notice of virtual public meeting and request for comments; 2020 Census Tribal Consultation; Virtual Public Meeting. Link to Federal Register Notice.
- With this notice, the Bureau of the Census announces its first calendar year 2021 Tribal consultation meeting to take place via national webinar. The Census Bureau will provide updates and seek input on the 2020 Census Disclosure Avoidance System (DAS). In preparation for the webinar, the Census Bureau requests comments on various questions related to Tribes' use of decennial census data.
- The Census Bureau will conduct the Tribal consultation webinar on Thursday, February 18, 2021, from 3:00 p.m. to 4:30 p.m. EST. Any questions or topics to be considered in the tribal consultation meetings must be received in writing via email or fax by Thursday, February 18.
- Please direct all written comments via email or fax to Dee Alexander, Tribal Affairs Coordinator, Office of Congressional and Intergovernmental Affairs, Intergovernmental Affairs Office, U.S. Census Bureau Washington, DC 20233; fax (301) 763-3780; or by email at Dee.A.Alexander@census.gov or ocia.tao@census.gov.
- The Census Bureau tribal consultation webinar meeting will be held via the WebEx platform at the following presentation link. If the webinar requires a password, type ‘Census#1’. For audio, please call the following number: 1-877-717-2157. When prompted, please use the following Participant Code: 5229469.
- For further information, please contact: Dee Alexander via any of the aforementioned methods.
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