for your reference and continued se...3 19 workgroup call notes from april 6 -hsdw guide to federal...
TRANSCRIPT
FOR YOUR REFERENCE AND CONTINUED USE
NEWLY ADDED THIS WEEK IN:
Economic Development
Small Business Administration
(SBA)
Health
IHS
Social Security Administration
Social Services
Taxation
Treasury
Please contact USET’s Director of Policy and Legislative Affairs with questions:
Liz Malerba ~ Mohegan Tribe
400 North Capitol Street, Suite 585 Washington, D.C. 20001 202-624-3550
Be sure to check out the resources on USET’s webpage
Quick Links to:
P&L ARCHIVES:
2019 2018
2017 2016
2015 2014
2013
2
USET SPF Candidate Principles and Priorities FINAL BOD Approved 11_7_19
- NCUIH Releases 2018-2019 Urban Indian Organization Shutdown Report - Report Shows Devastating Impacts of Shutdown and Highlights Urgency for Advance Appropriations and 100% FMAP
- Desert Sun Article February 12: From healthcare and Standing Rock to #MMIW:
Presidential candidates talk Native American issues
USET SPF Alert: Contact Administration to Preserve Tribal Sovereignty and Government-to-Government Relationship April 17
RE: USET SPF Alert: Contact Administration to Preserve Tribal Sovereignty and Government-to-Government Relationship April 18
- COVID-19 National Briefing Call with State-Local-Tribal Leaders Call notes from April 8
- Tribal Governance and Housing/Community Development COVID-
3
19 Workgroup Call notes from April 6 - HSDW Guide to Federal Coronavirus Stimulus Funding and
Programs for Tribal Health Programs - HSDW Summary of Federal Indian Country COVID Programs - ALL USET SPF/USET COVID-19 Tips of the Day - Communication Resources for COVID-19 - USET SPF Alert: NEEDED IMMEDIATELY: Tribal COVID-19 Legislative
Proposals for Further Action March 15
Bankruptcy
Budget
Contract Support Costs
Department of Homeland Security
Federal Appropriations
- USET SPF Signs onto Joint Letter to Appropriators re: Indian Country
COVID-19 Priorities – March 16, 2020
- USET SPF Written Testimony House Interior Appropriations Tribal
Witness Hearings 2-11-2020
Federal Budget Process/Timeline
- January 10: USET SPF Alert: House Interior Approps AI/AN Public
Witness hearing information and USET Budget Process PowToon Video
FY2021
- 2021 Bureau of Indian Education Justifications
Indian Health Services (IHS) Budget Formulation Workgroup
Labor HHS Appropriations
President’s Budget Request
- Formulation Guidance materials for FY2022 and Webinar recording
Quiet Crisis
Sequestration
Tribal Interior Budget Council (TIBC)
4
Bureau of Indian Affairs
- Dear Tribal Leader Letter – BIA ERO Change in Leadership February 5
Census
Congress
- USET SPF Alert: Support Joint Tribal Priorities in Congressional Stimulus Efforts
- March 21, 2020
- Congressional Calendar 2020
SCIA
Constitutionality of Federal Indian Programs and Protections
Culture And Heritage
- Early Coordination with Indian Tribes During Pre-application Processes – Section 106 Process: A Handbook
- NATHPO Building on 2019 Victories
Doctrine of Discovery
Indian Arts & Crafts
Indian Child Welfare Act
- USA Today Article January 29: The Indian Child Welfare Act: A law that paved the way for a 5-year-old's death
- HSDW Memo 1.18.20: Briefs in Opposition to ICWA Filed in Brackeen En Banc Rehearing and Fifth Circuit Notified Parties of Presentment Clause Discussions
Indian Programs
Mascot
• Washington Redsk*ns
H.R. 1278 - Non-Disparagement of Native Americans in Trademark Registration Act
Native American Graves Protection and Repatriation Act
• Other
5
Sacred Sites
Traditional Gathering
Trafficking
Department of Health and Human Services
Administration on Children and Families
Department of the Interior
- PRESS RELEASE | USET SPF Statement on DOI Withdrawal of M-
Opinion 37029 March 12
- USET SPF Alert: DOI Withdraws 2014 M-Opinion Providing 2-Part
Carcieri Test, Implements New 4-Part Test : March 11
Economic Development
NAFOA Navigator Article: Boosting Business Through Sustainability by Alan Gordon,
Senior VP Global Commercial Banking Bank of America
The Harvard Project COVID-19 Resources for Indian Country Toolbox - resources that
demonstrate ways to build governance capacity, illustrate best practices by Tribal
Nations, provide trusted information about the virus itself, and supply tribal health
ordinances intended to meet your immediate needs
- The Harvard Project on American Indian Economic Development releases research and
recommendations on the allocation of COVID‐19 response funds
- American Indian Alaska Native Tourism Association (AIANTA) Survey on the Impact of
COVID-19 on Indian Country Tourism
- USET SPF Comments on OCC Proposed Rule Modernizing the Community
Reinvestment Act March 9
- Division of Energy and Mineral Development (DEMD) and Indian Energy Service Center
(IESC) Tribal Listening Session & Consultations
5:00 – 6:00 pm ET Washington, DC February 10 (LS); 3:00 – 4:50 pm PT Las Vegas,
NV March 2 (Consult); 9:00 am – 12:00 pm CT Catoosa, OK March 10 (Consult);
Lakewood, CO 9:00 am – 12:00 pm MT March 19 (Consult); 2:00 – 4:00 pm ET March
26 (Teleconference)
CDFI
6
Gaming
Marijuana/Hemp
- Secretary Perdue Approves 3 New Tribal Hemp Production Plans - 10 Tribes Approved
To Date – February 21
Native Act
Small Business Administration (SBA)
USET SPF Comments on the Implementation of Section 1102 of the CARES
Act–The Paycheck Protection Program April 17
SBA 8(a) Contracting
TED Bonds
Tobacco
• MSA
USC Title 25 Chapter 44 – Native American Business Development, Trade
Promotion, and Tourism
• DelBene
Education - Readout of the U.S. Department of Education’s COVID-19
Conference Call with K-12 Stakeholders March 20 - Haskell Indian Nations University Board of Regents- Seeking
Eastern Region Representation
Bureau of Indian Education (BIE)
- January 3 DTLL Site Assessment Revised Approach for BIE Funded Schools – Webinar
Discussion 1:00 – 4:00 pm ET February 5
Department of Education
Elementary and Secondary Education Act (ESEA)
7
Esther Martinez Native American Languages Preservation Act
Every Student Succeeds Act (ESSA)
Generation Indigenous Gen-I
Johnson O’Malley
- 2018-2019 JOM Student Count Blank Form Johnson O'Malley Program Contact Information and Number of Eligible Indian Students Served
Native Education Support and Training Act (NEST)
Emergency Management
Environment and Natural Resources - USET SPF Comments on Proposed NEPA Revisions March 10 - USACE Levee Safety Engineering Circular Release Webinars
March 4 11 am & 3: 00 pm ET Comments due April 20
Climate Change
- USET PROGRAM ALERT: Information Request - Climate Change
relocation unmet infrastructure federal obligations Please respond by
April 10
Energy - Assistant Secretary Sweeney Clears the Path for Tribes to Develop
Energy Resources on Tribal Land
EPA
• Clean Air
• Clean Water
• Gap Guidance
• Solid Waste
8
Fracking
Hydraulic Fracturing
U.S. Fish and Wildlife
Water Waters of the United States
Farm Bill
Federal Communications Commission - FCC Comment Sought on Competitive Bidding Procedures and Certain Program
Requirements for The Rural Digital Opportunity Fund Auction – Deadline April 10
Broadband - Udall, Cantwell, Heinrich Introduce Bill to Increase Tribal Broadband Access
Cell Tower Placement
Positive Train Control/Railroad
Spectrum Licenses
- HSDW General Memorandum 20-001: Federal Communications Commission to Provide Rural Tribal Priority Window to License Spectrum 1/6/2020
Federal Emergency Management Agency
Stafford Act
Federal Recognition
BIA Part 83 Recognition
Native Hawaiian
Food and Drug Administration
Government Accountability Office
9
- BUREAU OF INDIAN EDUCATION: Actions Needed to Improve Management of a
Supplemental Education Program - April 10, 2020
Health
USET Tribal Epidemiology Center (USET TEC) COVID-19 Recommendations- Guidance
2020-004: Contact Tracing
USET Tribal Epidemiology Center (USET TEC) COVID-19 Recommendations- Guidance
2020-003: ABBOTT Testing Machines
- USET Tribal Epidemiology Center (USET TEC) COVID-19 Recommendations- Guidance
2020-002: Social Distancing
- USET Tribal Epidemiology Center (USET TEC) COVID-19 Recommendations - Guidance
2020-001: Case Definitions
- Watch a recording of the March 17 NAFOA NCAI & NIHB Tribal Leader Town Hall on
COVID-19 and view the slideshow from the meeting
- USET/USET SPF COVID-19 Response & Relief Effort: USET TEC Surveillance Tool
NOW AVAILABLE! - Coronavirus Resources & Information - Coronavirus Disease 2019 and the 2019-2020 Flu Season
Administration for Children and Families
Advance Appropriations
Affordable Care Act
• Indian Health Care Improvement Act
- ACA/IHCIA Resources Available for Self-Governance Tribes
Behavioral Health
Budget
Center for Disease Control (CDC) - CDC’s Office of Tribal Affairs and strategic Alliances Weekly Updates February
21
- CDC Health Update February 1: Update and Interim Guidance on Outbreak of
2019 Novel Coronavirus (2019-nCoV)
Centers for Medicare and Medicaid Services (CMS)
- CMS Issues Guidance on Coronavirus Coverage March 5
- HSDW Memo 2.20.2020: DC Circuit Upholds Invalidation Medicaid Work
Requirements
- CMS Releases Guidance to States on Medicaid Block Grants
- USET SPF Comments to CMS - Scope of Practice Medicare regulations January 17
10
Definition of Indian
Dental
Executive Branch Reorganization
Federal Employee Health Benefits
Federally Qualified Health Center
Federal Medical Assistance Percentage (FMAP)
HHS
- HHS Health Resources and Service Administration HRSA Tribal Advisory
Council Requesting Tribal Delegate Member Nominations – Submission
Deadline May 7
- HHS-CDC Announce $80M to Support COVID-19 Response in Indian Country
HIPAA
Indian Health Care Improvement Act
IHS
Public Service Announcement from Rear Admiral Weahkee April 15
- DTLL April 3 IHS Announces Determination of $30 Mill for Urban Indian Health of the $1.032 Bill from CARES Act
- RADM Weahkee DTLL March 27 re: disposition of $134 million in new resources for COVID-19 response in Indian Country
- Indian Health Service All Tribes and Urban Indian Organization Leaders Call Follow-Up March 17
- IHS DTLL March 2 re: Behavioral Health Funding - IHS Week in Review for the week of February 16 - RADM Weahkee’s IHS week in review updates for the week of
January 19 IHS Facebook video with Chief Malerba
- The Indian Health Service Response to Recent News Reports December 31, 2019, Wall Street Journal article titled “Rx for Ailing Indian Health Service: Changes in Spending, Recruitment.”
11
- HHS Office of Inspector General Report – December 18, 2019 "Indian Health Service Has Strengthened Patient Protection Policies but Must Fully Integrate Them Into Practice and Organizational Culture"
- Indian Health Service (IHS) Final Report and Roadmap for First Phase of the Health Information Technology Modernization
IHS Facilities
• 105(l)
- USET SPF Alert: IHS Reprograms $72 M for FY 2019 105(l) Lease Obligations-
January 29
- January 22 DTLL providing the decision on the Indian Health Service proposal to
reprogram fiscal year 2019 funds for lease cost agreements with Tribes and Tribal
organizations authorized under section 105 (l) of the ISDEAA
IHS-VA Agreements - VA-IHS Health Care Coordination Advisory Board – Nominations due by
February 16
Insurance
Long-Term Services and Supports
Meaningful Use
Medicaid
- HSDW Memo 2.20.2020: DC Circuit Upholds Invalidating Medicaid Work
Requirements
Medicare
Medicare-Like Rates
Mental & Behavioral Health
MMPC/TTAG
MSPI/DVPI
Native Contract and Rate Expenditure (CARE) Act (previously - Medicare-Like Rates)
12
OMB Reimbursement Rates
Purchased-Referred Care (previously – Contract Health Services)
SAMHSA
Self-Governance
Self-Insurance
Special Diabetes Program for Indians
- Joint Association Letter on Public Health Extenders – Senate February 12, 2020
- Joint Association Letter on Public Heath Extenders – House February 12, 2020
- Congressional Research Service report on special diabetes programs
Third-Party Revenue
VA
Zika
Homeland Security
Emergency Management
Housing
- U.S. Department of Housing Dear Lender Letter March 20 re: Foreclosure and Eviction Moratorium in connection with the Presidentially Declared COVID-19 National Emergency
- USET SPF Comments re: HUD Two-Year Notices of Funding Availability for ONAP Competitive Programs March 13
Housing Improvement Program (HIP)
HUD 184 Loan Program
NAHASDA
13
Other
Infrastructure
International Affairs
Human Rights
United Nations
United Nations Declaration on Indigenous Peoples (UNDRIP) United Nations Declaration on the Right of Indigenous Peoples
➢ American Declaration on the Rights of Indigenous Peoples
- American Declaration on the Rights of Indigenous Peoples
• DRAFT American Declaration on the Rights of Indigenous Peoples
➢ World Conference On Indigenous Peoples (WCIP)
Justice & Law Enforcement
Code X Program
Indian Juvenile Justice Code
Joint Task Force on Maine Native Killings
Marijuana
Tobacco
Tribal Law and Order Act
Voting Rights
14
Labor & Employment
477
Overtime
NLRB
Tribal Labor Sovereignty Act
Land Issues
BIA/Rights of Way
Carcieri
Barrasso Carcieri Bill S. 1879: Interior Improvement Act
Information
Co-Sponsors of S. 1879
Moran Trust Land Bill S. 1931
- LAW360 Article April 7: DOI Will Hold Off On Taking Mashpee Land Out Of Trust - RE: USET SPF Alert: DOI Secretary Orders Mashpee Wampanoag Reservation
Disestablished--Lands Taken Out of Trust March 30, 2020 - USET SPF Alert: DOI Secretary Orders Mashpee Wampanoag Reservation
Disestablished--Lands Taken Out of Trust – March 28 - LAW360 Article March 25: Tribes Unsure Where They'll Land With New DOI Trust
Policy
HEARTH Act
Indian Reorganization Act
Interior Improvement Act
15
Land Buy-Back
Land-into-Trust
Land Reaffirmation
Rights-of-Way
25 CFR Part 151
Native American Enterprise Initiative (NAEI)
Office of Management and Budget (OMB)
- USET Program Alert: OMB COVID-19 Grant Guidance March 17
• Uniform Requirements, Cost Principles, and Audit Requirements for federal Awards
Presidential Task Force on Missing and Murdered American Indian and Alaska Natives - Readout of the Task Force Meeting on Missing and Murdered
American Indians and Alaska Natives 2/13/2020
Research - USET SPF Comments on NIH DRAFT Policy for Data Management and Sharing
and Supplemental DRAFT Guidance 1/10/2020
All of Us Project
Common Rule
Restrictive Settlement Act - Press Herald Article: Sweeping recommendations would overhaul Maine’s Indian
land claims act - Law 360 Article: Maine's Tribes Push To Restore Authority Over Lands
Self-Governance - Federal Register Notice February 28 - lists programs or portions of
programs that are eligible for inclusion in self-governance funding agreements with Indian Tribes and lists Fiscal Year 2020 programmatic
16
targets for each of the non-BIA bureaus in the DOI - HSDW General Memo 20-003: BIA Self-Governance Application Deadline
of March 1
477
Social Security Administration Updated Guidance from Commissioner Andrew Saul about COVID-19 Economic Impact Payments for Social Security beneficiaries & SSI recipients – April 10
Social Services Administration for Children and Families (ACF) Tribal Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Program
Child Care
Foster Care and Family Stability
Sovereign Immunity - HSDW General Memorandum 20-006 March 17, 2020: Arizona Supreme Court Creates
New Tribal Sovereign Immunity Test for Tribal Corporations o Opinion February 25, 2020
Apple Inc. v MEC Resources LLC
Clark v Harrah’s NC Casino Co. LLC
Upper Skagit Indian Tribe v. Sharline Lundgren et al.
State of the Union/Indian Nations
Subcommittee for Indigenous Peoples of the United States
Substance Abuse - Substance Abuse and Mental Health Services Administration collaboration
with U.S. Department of Agriculture (USDA) to expand recovery housing
Opioids
Supreme Court of the United States (SCOTUS) - Tribal Supreme Court Project Update April 4
17
- Tribal Supreme Court Project Update January 17
Taxation
- House Ways & Means Historic Hearing on Indian Tax and Economic Development
- House Ways and Means Select Revenue Measures Subcommittee hearing on
“Examining the Impact of the Tax Code on Native American Tribes” 10:00 am March 4
room 1100 of the Longworth House Office Building – WRITTEN COMMENTS
DEADLINE March 18
General Tax Updates
Comprehensive Tax Reform
GWE
Health
HITECH (Health Information Technology for Economic and Clinical Health)
IRS
IRS Releases Online Portal “Where’s My Economic Impact Payment”
- Treasury and IRS Issue Guidance on Deferring Tax Payments Due to COVID-19
Outbreak
- New IRS Website Provides Tax Assistance for Indian Country
New Market Tax Credits
State and Dual Taxation
Tax Extenders
Tax Reform
Tribal Council Pay
Tribal Treasury Advisory Committee (TTAC)
Trust Per Capita
18
Transportation
BIA Roads
Department of Transportation
FAST ACT
Indian Reservation Roads (IRR)
Map-21
Self-Governance
Surface Transportation Bill Reauthorization
Transportation Reauthorization
Tribal Administration
Financial Reporting
Treasury - USET SPF Comments on Distribution of CARES Act Title V Tribal Set Aside –
April 8 April 13 RE: USET SPF Comments on Distribution of CARES Act Title V Tribal Set Aside
- USET SPF Alert: DOI/Treasury Consultation on Tribal Economic Stabilization Fund Announced March 31, 2020
- Impact of the Tribal Social Security Fairness Act on Worker Status - Indian Tribal Governments Reorganization - New Downloadable Assistant Helps Withhold the Right Amount of Income Tax
Tribal Consultation Policy
Tribal Governments
Tribal Justice - Presidential Task Force on Missing and Murdered American Indians and Alaska
Natives Listening Session during USET SPF Impact Week Meetings Washington,
DC 2:00 – 5:00 pm March 17
19
- Trump Administration Launches Presidential Task Force on Missing and Murdered American Indians and Alaska Natives
Crime Victim Services
Human Trafficking - Resources for Human Trafficking Awareness from OVC
Tribal Sovereign Immunity
Other
Trust Asset Reform/Trust Reform/Trust Responsibility
Administration/Department of Interior
Cobell
Secretarial Commission on Indian Trust Administration and Reform (SCITAR)
Trust Modernization
Trust Reform Legislation
USET Trust Reform
US Commission on Civil Rights
USDA
VAWA
- December 23, 2019 Letter signed by 15 former US Attorneys on the VAWA Bills
Victims of Crime Act Fund
Veterans Affairs - Department of Veterans Affairs Memo April 8: CARES Act – Economic
Impact Payments - National Cemetery Administration (NCA) Information Update COVID-
20
19 Alert March 23
White House
My Brother’s Keeper
White House Advisory Council on Financial Capability for Young Americans
White House Council on Native American Affairs
White House Tribal Nations Conference
Youth
Youth
OTHER
21
Litigation
Apple Inc. v MEC Resources LLC
Big Lagoon Rancheria v State of California
Blackfeet Tribe, Coushatta Tribe of Louisiana, Fort Belknap Indian Community, Rosebud Sioux Tribe, Ute Mountain Ute Tribe, and United South and Eastern Tribes, Inc., v. FCC and USA
Brackeen et al. v Zinke et al.
California v Texas (ACA Repeal)
- California v Texas Petition for a Writ of Certiorari
• California v Texas Petition Appendix
• California v Texas Motion to Expedite Consideration of Petition
• Petition for A Writ of Certiorari
• House ACA Motion to Expedite
Carcieri v Salazar
Cherokee Nation v McKesson Corp. Clark v Harrah’s NC Casino Co. LLC
22
Confederated Tribe of the Grande Ronde Community of Oregon and Clark County, WA v Jewell (Cowlitz)
Dollar General v Mississippi Band of Choctaw
Harrison Family v PCBI Gaming Jerry Rape v Poarch Band of Creek Indians et al.
King v Burwell
Match-E-Be-Nash-She-Wish v Patchak Miccosukee Tribe of Indians of Florida v Tein, Lewis & Tein
Michigan v Bay Mills
Morton v Mancari
Mylan Pharmaceuticals Inc. v. Saint Regis Mohawk Tribe Nebraska v Parker
Patchak v Zinke Plaintiffs v Jewell & Mashpee Wampanoag Indian Tribe
Ramah Navajo Chapter v Zinke
Redding Rancheria v Price
Texas v. Alabama-Coushatta Tribe of Texas
- Justices Won't Hear Texas Tribe's Petition On Bingo Block
Texas v Zinke
Upper Skagit Indian Tribe v. Sharline Lundgren et al.
23
Herrera v. Wyoming May 20, 2019 Washington State Department of Licensing v. Cougar Den, Inc. March 19, 2019 Washington v. U.S. June 11, 2018
Upper Skagit Indian Tribe v. Lundgren May 21, 2018
Patchak v. Zinke February 27, 2018
Upstate Citizens for Equality, Inc. V. United States November 27, 2017
Matal v. Tam June 19, 2017
Lewis v. Clarke April 25, 2017
Dollar General Corp. v. Mississippi Band of Choctaw Indians June 23, 2016
U.S. v. Bryant June 13, 2016
Nebraska v. Parker March 22, 2016
Sturgeon v. Frost March 22, 2016
Menominee Indian Tribe of Wisconsin v. U.S. January 25, 2016
Knight v. Thompson January 26, 2015
Michigan v. Bay Mills Indian Community May 27, 2014
Adoptive Couple v. Baby Girl June 25, 2013
U.S. v. Samish Indian Nation October 9, 2012
Arctic Slope Native Ass’n, Ltd. v. Sebelius June 25, 2012
Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak June 18, 2012
Salazar v. Ramah Navajo Chapter June 18, 2012
U.S. v. Jicarilla Apache Nation June 13, 2011
U.S. v. Eastern Shawnee Tribe of Oklahoma May 2, 2011
U.S. v. Tohono O’Odham Nation April 26, 2011
Madison County, N.Y. v. Oneida Indian Nation of New York January 10, 2011
U.S. v. Navajo Nation April 6, 2009
Hawaii v. Office of Hawaiian Affairs March 31, 2009
Carcieri v. Salazar February 24, 2009