Comments From the Bureau of Indian Affairs See comment 4. See comment 2. See comment 5. Determination of Tribal Involvement The report relies on memoranda and "informal guidance" provided by the Bureau in earlier years to determine the extent of tribal participation in the budget formulation process. As you have discovered the tribe/agency budget formulation occurs at the agency level. Drawing conclusions based solely on written material emanating from the Central Office as to how the process worked ten or 15 years ago is unwarranted. The report notes that the earlier guidance was directed more to tribal involve- Executive Direction and Administrative Services In a number of instances the report states that the tribes have very little Appropriations for tribe/agency executive direction in fiscal year 1990 totaled With respect to area offices, the report states that between 37 and 51 percent Comments From the Bureau of Indian Affairs See comment 5. See comment 2. See comment 6. administrative services by comparing this funding only to that available for area direct operations. Area Directors are not only responsible for managing programs which are funded We are deeply concerned that there exists a great deal of misunderstanding regarding the Indian Priority System and that rather than being instructive, the draft report further distorts the issue by assuming that something in the Indian Self-Determination and Education Assistance Act relieves Bureau management of its responsibilities associated with the formulation of the President's budget and by selective use of budget figures which ignores more than two-thirds of the funds which are administered by the Bureau. See comment 7. Enclosures Sincerely, cretary Indian Affairs 99 ** GRAND TOTALS** $26,288,000 $307,088,000 $27,266,000 $287,944,000 $26,651,000 $254,526,000 $31,265,000 $264,066,000 =========== ============ =========== ============ =========== ============ =========== ============ 217,000 140,000 19,843,000 18,808,000 This is in response to your memorandum dated January 25, 1990, requesting an opinion as to whether Executive Direction (Element 71), Administrative Services (Element 72) and Education and Training General (Element 10) are contractable to tribal organizations under Section 102 of Title I of Pub. L. 93-638, the Indian Self-Determination Act, 25 U.S.C. § 450f (the Act). Executive Direction (Element 71) is defined in 42 BIAM Supplement No. 2 (Accounts Handbook) as "[a] program function to provide line (as differentiated from staff) direction of Bureau operations at the several organizational levels, and related functions in the Office of the Commissioner." It includes "[p]ersonal services and other costs to carry on the activities of personnel specifically assigned . . . to the positions of Commissioner, Deputy Commissioner, Area Director, Deputy Area Director, and Agency Superintendent; clerical or secretarial positions immediately serving those positions; and immediate Assistants, to the Commissioner, Deputy Commissioner, or Area Director. A similar, although not identical, definition of Executive Direction is found in yearly budget justifications for the Bureau of Indian Affairs. See, for instance, Budget Justifications, F.Y. 1990, Bureau of Indian Affairs, pp. 200-202, and 221, where the purpose of Executive Direction is "[t]o provide planning, direction, and line management leadership for the development and implementation of policy initiatives and programs undertaken by the bureau to ensure achievement of its It also includes certain other components, mostly related to Central Office operations, such as legislative development, information services, program review, and Equal Employment Opportunity. Comments From the Bureau of Indian Affairs -2 mission, goals, and objectives." It is further provided that "[t]his program covers the operation of the immediate office and staff of the line managers at central office and area office levels of the bureau. The line managers and their staff provide for organizational leadership and coordination to ensure that all program levels are effectively integrated to achieve the overall mission of the bureau. Basic activities include decision-making, direction, policy formulation and review, tribal consultation, public relations, representation of the bureau to other governmental agencies and private sector organizations, and overall management of assigned resources." Administrative Services (Element 72) is defined in 42 BIAM Supplement No. 2 (Accounts Handbook) as "[a] program function to provide general administrative support for all Bureau programs at the Central office, Area Office, and Agency levels." It includes "those administrative services that cannot be readily identified directly with a particular program area or function (element series or element) and that are commonly funded on a clearing account basis." It includes personal services and other costs of Central Office and Area Office units providing staff services and support in the areas of property, procurement, contracting, personnel and financial management. See also, Budget Justifications, F.Y. 1990, Bureau of Indian Affairs, pp. 203-208, where the purpose of Administrative Services is "[t]o provide policies and support in the areas of property, procurement, contracting, personnel and financial management to all the bureau's program service delivery systems. It is further stated that "[t]he function serves as an equal partner with the program functions to accomplish the mission of the bureau, ensuring that those administrative services necessary for program operations are adequately provided. At the same time, it provides the foundation for the control and accountability of resources used to achieve its mission. These dual roles must be carefully balanced to ensure that one does not dominate the other and to ensure that the total system operates effectively for the benefit of the bureau's clientele." Education and Training - General (Element 10) is defined in 42 BIAM Supplement No. 2 (Accounts Handbook) as "a program function of the Bureau to provide educational opportunities for eligible Indians. . .." It includes activities of the Central Office or Area Office units having over-all direction of the program area, but may include activities at some Agencies and 'Locations.'" À more precise definition of Element 10 is found in yearly budget justifications for the BIA where it is described as technical support and program supervision for post-secondary education programs; peripheral dormitories; off-reservation boarding schools; tribal contract schools; federal title programs; elementary and secondary programs; higher education and adult education programs; exceptional education programs; student Executive Direction also includes the immediate office of the superintendent. See F.Y. 1990 Budget Justifications at p. 221. |