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July 16, 2020


The Bureau of Indian Affairs: FY2021 Appropriations


The Bureau of Indian Affairs (BIA), in the U.S. Department
of the Interior (DOI), administers programs for tribal
government, social services, law enforcement,
infrastructure, and trust land and natural resources in Indian
Country. BIA plays a leading role in carrying out federal
trust, treaty, and other responsibilities to American Indians,
Alaska Natives, and federally recognized tribes.

This In Focus examines BIA's request for FY2021
discretionary appropriations in comparison with FY2020
enacted appropriations, not including enacted supplemental
appropriations. It does not cover the Bureau of Indian
Education (BIE) or the Indian Health Service. Issues for
Congress include determining the amount of discretionary
funding to provide BIA, its distribution across programs
and activities, and the terms and conditions of such funding.
Congress also may consider whether to adopt BIA
proposals for a new appropriations account and
organizational changes, as discussed below.

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Congress generally provides discretionary appropriations to
BIA in annual appropriations laws for the Department of
the Interior, Environment, and Related Agencies. P.L. 116-
94, Division D, contained $2,032.1 million in discretionary
appropriations for BIA in FY2020 (Table 1). BIA also
received $453.0 million in FY2020 supplemental funding in
the Coronavirus Aid, Relief, and Economic Security Act
(CARES Act; P.L. 116-136). (For further information, see
CRS In Focus IF11500, The CARES Act: Implications for
Tribes, by Mainon A. Schwartz.)

Table I. Bureau of Indian Affairs Discretionary
Appropriations by Account (dollars in millions)

                                FY2020      FY20 21
           Account              Enacted    Requested

 Operation of Indian Programs    $1,577.1     $1,446.7
 Contract Support Costs-          $271.0        $335.0
 Payment for Tribal Leasesb           -          $21.6
 Construction                     $126.6         $59.8
 Settlements                       $45.6         $43.9
 Loan Program                      $11.8          $0.9
 Total                           $2,032.1     $1,907.9
 Source: Prepared by CRS with information from the House
Appropriations Committee.
a.  Because Contract Support Costs are based on such sums as
    necessary, the value for FY2021 deviates from the value
    reported in the FY2021 BIA request due to newer information.
b. BIA proposed this as a new account in the FY2021 request.


BIA requested $1,907.9 million in discretionary funding for
FY202 1, a decrease of 6.1% from FY2020. BIA
discretionary appropriations are provided through several
accounts. Operation of Indian Programs (OIP) is BIA's
largest account. Other accounts include Contract Support
Costs, Construction, Indian Land and Water Claim
Settlements and Miscellaneous Payments to Indians, and
the Indian Guaranteed Loan Program. For FY2021, BIA
proposed a funding decrease for most accounts. Several
tribes addressed sufficiency of funding and priorities for
increased funding in testimony during congressional
hearings on FY2021 appropriations.


BIA requested $1,446.7 million for OIP for FY2021, a
decrease from $1,577.1 million (8.3%) in FY2020. Table 2
shows FY2020 enacted and FY2021 requested
appropriations for each OIP activity, several of which are
discussed below. Of the FY2021 OIP total, BIA requested
$625.3 million as tribal priority allocation (TPA) funding.
TPA is a BIA budgetary tool that allows direct involvement
by tribes in setting priorities for their operating programs.
TPA includes funds across multiple activities that are part
of a guaranteed base funding for tribes.

Tribal Government. BIA requested $337.4 million for this
activity in FY2021, a $3.2 million (1%) increase over
FY2020 as enacted. This activity assists tribes in
strengthening government structures, such as funding for
newly recognized tribes, and supports self-governance
through contracting and compacting of federal programs by
tribes under the Indian Self-Determination and Education
Assistance Act (ISDEAA; 25 U.S.C. §§5301 et seq). BIA's
request included new tribe funding for the Little Shell Tribe
of Chippewa Indians (federally recognized in 2019). Within
the overall increase, BIA proposed decreases for some
subactivities, including self-governance compacts and road
maintenance.

Human Services. BIA requested $87.5 million in FY2021,
a $68.2 million (43.8%) decrease from FY2020 as enacted.
This activity supports social programs, such as Social
Services, Welfare Assistance, and Indian Child Welfare Act
(ICWA) programs. BIA would eliminate funding for the
Housing Improvement Program, decrease Welfare
Assistance funding, and increase funding for ICWA.

Trust-Natural Resources Management. BIA requested
$209.7 million in FY2021 for this activity, a $17.1 million
(7.5%) decrease from FY2020 as enacted. This activity
assists tribes with managing, developing, and protecting
trust lands and natural resources. BIA requested to decrease
funding for most subactivities and to eliminate funding for
Cooperative Landscape Conservation. This activity


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