SLIDE 8 3/27/2018 8 Highlights of Pub. L. 115-93
- Upon tribal request, mandates the transfer of all 477 funds through
existing ISDEAA compacts and contracts (§ 13(b));
- Tribes or Tribal Organization decides on whether they want to administer
their 477 program in a Self-Governance Compact (Title IV) or a 638 contract (Title I).
- Repeals language which has been interpreted in recent years to require
fund-by-fund accounting (former § 14(a)), and expressly protects Tribes against any requirement to maintain separate recordkeeping or to
- therwise audit, or account for, funds by original agency or authorizing
source—and expressly overriding any contrary OMB circular (§ 14(a)(2));
- Reinforces the single plan, single budget, and single report.
- Reporting is categorized by activity, not by funding source.
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Highlights of Pub. L. 115-93
- Grants Tribes carryover authority modeled on the ISDEAA (§ 14(b));
- Regulatory stipulations on carry over funds are no longer applicable
- If Tribe is running a single budget the funds lose identification
- Extends the protections of the Federal Tort Claims Act (FTCA) to
activities carried out under a 477 Plan, in a manner identical to the application of the FTCA to activities undertaken under ISDEAA contracts and compacts (§ 14(f)); and
- Now tort claims are covered under the FTCA
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Highlights of Pub. L. 115-93
- Authorizes plan funds to be treated as non-federal matching funds for
purposes of any other federal program (other than those administered by the Departments of Labor (DOL) and Department of Health & Human Services (HHS)) (§ 14(e));
- Under a 477 plan funds are treated as nonfederal funds for purposes of
meeting matching requirements under federal law, except for funds from DOL and HHS.
- Programs funded by block grant funds provided to an Indian tribe,
regardless of whether the block grant is for the benefit of the Indian tribe because of the status of the Indian tribe or the status of the beneficiaries the grant serves, shall be eligible to be integrated into the plan.
- Ex. Total 477 grant budget is $800,000.00
DOL and HHS funds equal $300,000.00 Can use up to $500,000.00 for matching funds
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