Findings and Recommendations Task E Findings and Recommendations
E8 Finding
Recommendation ■ Inherent federal function issues raised by the GAO, BIA, and tribes at specific locations (agency, region, and national) should be addressed. The ASIA’s response to this issue described in the GAO report (Recommendation 2) needs to be implemented. Do an Internal program review in BIA forestry to insure uniform application of inherent federal functions. ■ Funding withheld by BIA for carrying out inherent federal functions should be provided to tribes performing those functions under ITARA. Recommendation ■ The requirement for self-governance tribes to use TAAMS is an issue and needs to be resolved. It can be regarded as an unfunded mandate and if so, should be fundable to tribes under the regulations. Recommendation ■ Review rules and regulations with respect to access fee issues, forest health and BIA fuels funding. Does the region decide which funding requests go forward? Does the region get an allocation for fire funding? Recommendation ■ BIA and ITC should implement strategies (webinars, newsletter articles, BIA National and Regional Foresters meetings and ITC symposium presentations) to provide information about ITARA and the Demonstration Project. ■ Grants, similar to those for participation in self-governance, should be made available to tribes to participate in the ITARA demonstration project.
Inherent federal functions are not being applied consistently across regions and tribes (GAO Report 19-87). ITARA tribes are performing actions previously performed by BIA as inherent federal functions.
E9 Finding
TAAMS has been implemented as BIA policy and not through the rule making process. If tribes have taken over the BIA Real Estate Services or Lands/Titles and Records functions under P.L. 638 contracts/compacts, then most likely they have agreed to use TAAMS for those functions. Rules and regulations for access fee issues, forest health and BIA fuels funding need clarification. Tribes are uncertain about their fairness and consistent application. ITARA promises self-governance benefits for interested tribes. However, many tribes have little or no knowledge about ITARA and lack capacity and funding to prepare Indian Trust Asset Management Plans (ITAMP).
E10 Finding
E11 Finding
Task Findings and Recommendations 121
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