Dear Tribal Leader Letter

October 1 at 1:00 pm – 4:00 pm Mountain: Listening Session
2023 NAFOA Fall Finance & Tribal Economies Conference
Sheraton Grand at Wild Horse Pass
5594 W Wild Horse Pass Blvd.
Phoenix, AZ 85226

October 5 at 2:00 pm – 5:00 pm Eastern: Virtual Consultation with Assistant Secretary – Indian Affairs Bryan Newland
Register

November 1 at 1:30 pm – 3:00 pm Eastern: Tribal Consultation
US Department of Labor, Indian and Native American Programs
Workforce Innovation and Opportunity Act (WIOA) 166/477
Western Regional Training
Pechanga Resort Casino
45000 Pechanga Pkwy.
Temecula, CA 92592

November 29 at 1:00 pm – 4:00 pm Alaska: Tribal Consultation
BIA Providers Conference Dena’ina Center
600 W 7th Ave.
Anchorage, AK 99501

The Policy is available at this link.

Indian Affairs would like to determine how to compensate Self Governance Tribes for CSC, when they
are NOT required to submit budgets, yet certain data is necessary to calculate the amount of CSC due
to the Tribe annually.

1. Is the Federal proposal of two data calls, one on recurring base funding and a second at the end
   of the year a viable proposal?
2. The Workgroup Federal representatives recommend that two data calls be released at least 30
   days prior to due dates. The recommended due dates for base funding CSC data are September
   1 for fiscal year funding agreements and November 1 for calendar year funding agreements.
   The recommended due date for full-year data is July 1 for fiscal year funding agreements and
   October 1 for calendar year funding agreements. Should this or another calculation and
   payment schedule be considered?
3. There are a small number of Self Governance Tribes that have not submitted year-end CSC
   data, therefore the annual 100 percent requirement is unknown. What is the Tribal
   recommendation regarding this matter?
4. In lieu of negotiating Direct CSC line by line, the CSC Policy formula for ALL tribes is below.
   DCSC = (current Tribal budgeted salary cost {not including fringe} of section 106(a)(1)
   programs) x 18%.
   The DCSC need cannot be calculated in accordance with the CSC Policy, and in the same
   equitable manner as Tribes entering into contracts under Title I, without receipt of a Tribe’s
   “budgeted salary cost.” The CSC Policy would need to be changed to allow the use of “best
   available” data or data that is 4 years old.
   a) Is there support for changing the CSC Policy to utilize “best available” data or salaries up to
   four years old for DCSC?
   How would the Department reconcile ensuring equitable treatment with Title I contracts
   submitting current budgets (with salary and fringe) that equal the current year contract
   amounts?
5.  Section 1.10 of the CSC Policy outlines the formula for calculating Indirect CSC:
   Indirect CSC = Current approved IDC rate(s) x (the Secretarial Amount awarded to the
   Tribe, minus exclusions and pass-through).
   The CSC Policy explicitly clarifies that a “current” IDC rate can be up to four years old. If a
   Tribe has no approved IDC rate or has an approved IDC rate that is over four years old, the
   Tribe may negotiate a lump sum amount for indirect-type costs or may utilize the Simplified
   Method, if applicable. Furthermore, Section 1.10 of the Policy states, “[i]f a Tribe does not
   initiate any of these options, IA will not pay the Tribe any indirect CSC.”
   While the CSC Policy allows for an IDC rate that is up to four years old, it does not allow for
   use of previous years’ salary, fringe, exclusion or passthrough data to calculate the current year
   100 percent CSC need. The CSC Policy would need to be changed to allow the use of “best
   available” data.
   a) Does the Tribe support changing the CSC Policy to utilize “best available” data?
   b) If so, what sources should be considered “best available” data for calculations of CSC for
   the data elements of 1) Tribal Budgeted Salary 2) Tribal Budgeted Fringe (if necessary);
   and 3) Exclusions and pass-throughs?
   c) If a Tribe does not submit current year data, at what point would IA utilize “best available”
   data for calculation and payment?
6. Section 1.12 of the CSC Policy outlines cutoff timeframes for IDC rates as below.
   In order to facilitate equitable treatment and establish standard cutoff timeframes:
   • The IDC rate that will be applied is the applicable rate at the end of the Tribe’s fiscal
   year. No adjustments to that IDC rate will be made after the end of the Tribe’s fiscal
   year, without regard to the later issuance of a different DC rate for that period.

They welcome your written comments, which should be submitted by email to consultations@bia.gov by
11:59 pm ET on December 29, 2023.

If you have any questions regarding this effort, please contact Jacob Aguilar, Financial Specialist,
OSG, at (360) 699-1015 or via email: jacob.aguilar@bia.gov.