Summary
- USDA announces three additional consultations scheduled during the first week of June at NCAI mid-year to discuss self-determination policies in forestry, food safety, and nutrition programs. IFAI will facilitate an online Tribal caucus with partners on May 23. Other consultations are also taking place this month, including one at NCAI mid-year on Tribal Treaties, and one on the Federal Subsistence Board.
- The USDA Tribal Advisory Committee will hold an in-person meeting on May 29-30 with opportunities for virtual participation.
- The Minority Business Development Agency will hold consultations on May 17 about their business development and entrepreneurial services in Indian Country.
- USDA scheduled tribal consultations on Build America Buy America Act impacts on Tribal entities for May 22-23.
- There are Congressional hearings in the Senate Committee on Energy and Natural Resources, and Appropriations.
Title of Event: Greater Tribal Community Virtual Consultation Meeting
About: The consultation allows Tribal leaders to provide input on the Minority Business Development Agency’s (MBDA) services in Indian Country, Alaska, and Hawaii and their implications in these communities. The MBDA is a subagency of the U.S. Department of Commerce that promotes minority-owned businesses, and Native American firms.
Date(s): May 17, 2024, (Register here)
Those who can’t make the virtual meeting but would still like to provide comments can send written submissions by June 16, 2024, to regulations.gov.
Click the button below to learn more:
About: Under BABAA, entities such as Indian Tribes and Alaska Native Corporations must domestically source steel, iron, manufactured products, and construction materials when their projects receive federal funding. USDA is required to seek feedback from Indian Country directly on how the application of BABAA to USDA programs will affect covered Tribal entities.
Date(s):
- May 22, 2024 – Caucus: 2-3 p.m. ET; Consultation/Listening Session: 3-5 p.m. ET. Register here
- May 23, 2024 – Caucus: 2-3 p.m. ET; Consultation/Listening Session: 3-5 p.m. ET. Register here
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About: The Department of Interior and the Department of Agriculture are hosting a Tribal consultation about a proposed rule that will add three Tribally nominated or recommended members to the Federal Subsistence Board.
Dates:
- May 20, 2024: 3:30-5:30 p.m. ET (Register here)
About: The TAC provides advice and guidance to the USDA Secretary on matters relating to Tribal and Indian Affairs. The Committee’s work does not replace government-to-government consultation between USDA and Indian tribes. This will be an in-person meeting with a virtual webinar and a call-in option. Members of the public may file written comments to the TAC by May 13, 2024, via email at Tribal.Relations@usda.gov.
Dates:
About: USDA is holding a Tribal Consultation at this year’s NCAI Mid-Year Conference at Cherokee, North Carolina during the week of June 3. 2024. This will be a hybrid nation-to-nation consultation. All attendees, including those attending in-person, must register/RSVP. Proxies may submit their proxy forms to tribal.relations@usda.gov
Consultation Dates:
- Forestry – June 3, 2024: 1-4 p.m. ET (Register here)
- Meat Inspections – June 3, 2024: 4:30-7:30 p.m. ET (Register here)
- Food and Nutrition Programs – June 5: 1-4 p.m. ET (Register here)
Caucus Date: May 23, 2024
- 1-2 p.m. CST – Meat Inspection-related topics (FSIS)
- 2-3 p.m. CST – Food and Nutrition-related topics (FNS)
- 3-4 p.m. CST – Forestry-related topics (USFS)
- Caucus registration here
About: This is a consultation and listening session is about a searchable and indexed database of all treaties between the United States government and Tribal nations. The database is in its beta version as additional information is continuously added to the website. USDA encourages Tribal attorneys and Tribal subject matter experts to attend and share comments. This event can be accessed in-person or by virtual means.
Dates:
- June 5, 2024: 1-3 p.m. ET (Register here)
Congressional updates
Looking Back:
Hearing: House Appropriations- Tuesday, May 7
Topic: Public Witness Hearing- American Indian and Alaska Native: Day 1 Morning and Afternoon Sessions
Highlights:
- Witnesses, including many Tribal leaders as well we Ervin Carlson- President, Inter-Tribal Buffalo Council spoke in support of: Expanding 638 contracting authority, Tribal forest management, and water rights.
Hearing: House Appropriations- Wednesday, May 8
Topic: Public Witness Hearing- American Indian and Alaska Native: Day 2 Morning and Afternoon Sessions
Highlights:
- The morning session mainly consisted of Indian Higher Education specialists, with testimony relevant to the discussion of school lunch programs. The afternoon sessions featured witnesses from Indian healthcare backgrounds, as well as Tribal fisheries, and forest management. The topics discussed in the hearings are:
- Indian School Equalization Program (ISEP), Conservation/ Land in Trust, Increase funding request for infrastructure, farm development, Tribal fisheries, forestry and natural resources, and Tribal environmental resiliency.
Hearing: Senate Appropriations- Wednesday, May 8
Topic: Review of FY 25 Budget Request for the Dept. of Interior
Highlights:
- The Senate Appropriations Committee members primarily ask Sec. Haaland about the Bureau of Land Management, Bureau of Indian Affairs law enforcement, and National Parks.
- Tribal fisheries and Tribal sovereignty were discussed in response to questions on food and nutrition program opportunities.
Hearing: House Natural Resource- Wednesday, May 8
Topic: Review of FY 25 Budget Request for BIA, IHS, and OIA
Highlights:
- Asst. Secretary Bryan Newland (Bureau of Indian Affairs – Department of Interior) presented the Bureau’s FY 2025 budget request.
- $41m to support Agriculture and Range efforts – no specifics laid out in testimony but details found on page 124 of Bureau’s FY 2025 budget request justification.
- DOI proposes reclassifying 105(l) lease agreement requirements from discretionary to mandatory funding beginning in 2026.
- $11m in Indian Land Consolidation, with threat that if this program isn’t fully funded Indian Country will return to pre-Keepseagle days.
Looking Ahead
Hearing: Senate Appropriations Committee, Wednesday, May 15 at 10:00 a.m. eastern
Topic: A Review of the President’s FY 25 Budget Request for Indian Country
Witnesses:
- Roselyn Tso, Director of the Indian Health Service
- Bryan Newland, Assistant Secretary for Indian Affairs Dept. of Interior
Hearing: Senate Committee on Energy, & Natural Resources, Thursday, May 16 at 10:00 a.m.
eastern
Topic: Budget Request for FY 25 for the US Forest Service
Witness: USDA Forest Service Chief Randy Moore
Nominations
What is the nomination for? Invasive Species Advisory Committee
Description: This is the second request for nominations for qualified persons to serve as members of the Invasive Species Advisory Committee (ISAC), which advises the National Invasive Species Council (NISC). Some criteria for prospective ISAC members include: (1) knowledge related to the prevention, eradication, and/or control of invasive species; and (2) familiarity with relevant Federal government programs and policy-making procedures, as well as their interface with non-federal entities.
Deadline for submission? June 7, 2024
Where can I submit a nomination? Electronic nominations are preferred and can be sent to invasive_species@ios.doi.gov; Hard copy nominations can be sent to Stanley W. Burgiel, Executive Director, National Invasive Species Council (OS/NISC), Regular/Express Mail: 1849 C Street NW (Mailstop 3530), Washington, DC 20240.
Regulatory/Rulemaking Actions:
Title: Submission for OMB Review; Comment Request on Report of Commodity Distribution for Disaster Relief and Report of Disaster SNAP Benefit Issuance
- USDA’s Food and Nutrition Service seeks public comments on whether reporting food distribution activities as part of disaster assistance is necessary for the proper performance of the agency.
- Distributing agencies, including Indian Tribal Organizations that administer FNS programs, must report to FNS the number of location of sites used for food distribution and the types and amounts of donated foods from distributing or recipient agency storage facilities used in disaster assistance.
- Comments must be submitted by June 12, 2024.
Posted: Week of May 13
Title: Submission for OMB Review; Comment Request on WIC Program Regulations – Reporting and Recordkeeping Burden.
- USDA’s Food and Nutrition Service seeks public comments on whether information from state and local agencies, applicants, and retail vendors to determine eligibility for the WIC program is necessary for the proper performance of the agency.
- FNS also uses the information to manage, plan, evaluate, make decisions, and report on WIC Program operations.
- Written comments must be submitted by June 12, 2024.
Posted: Week of May 13
Title: Agency Information Collection Activities: SNAP Repayment Demand and Program Disqualification
- USDA’s Food and Nutrition Service seeks public comments on whether information collected about the process of initiating collection activities on over-issuance in SNAP is necessary for the proper performance of the agency.
- To initiate collection action, State agencies must provide affected Individuals/Households (I/HH) with written notification informing them of the claim and demanding repayment.
- Written comments must be submitted by July 9, 2024.
Posted: Week of May 13
Title: Submission for OMB Review; Comment Request on FNS Quick Response Surveys (QRS)
- USDA’s Food and Nutrition Service seeks public comments on whether information collected about a revision to the currently approved Special Nutrition Programs QRS is necessary for the proper performance of the agency.
- Quick Response Surveys enable FNS to quickly obtain information needed to answer policy and program implementation questions.
- Tribal Governments are among the expected respondents.
- Written comments should be submitted by June 7, 2024.
Posted: Week of May 13
Title: Supplemental Nutrition Assistance Program (SNAP): Program Purpose and Work Requirement Provisions of the Fiscal Responsibility Act of 2023
- USDA’s Food and Nutrition Service issued a proposed rule to align SNAP regulations with three provisions of the Fiscal Responsibility Act of 2023.
- Some of the proposed regulations include: (1) assisting low-income adults in obtaining employment; (2) increasing the age-based exceptions to 55 years of age or older by October 1, 2024; and (3) adding to the existing list of exceptions individuals experiencing homelessness, veterans, and individuals who are 24 years of age or younger and in foster care on their 18th birthday.
- During March 15, 2024 consultation, Tribal representatives provided minimal comments.
Written comments for this proposed rule must be received by May 30, 2024.
- USDA’s Food and Nutrition Service has issued a final rule that aligns Child Nutrition Programs with the 2020-2025 Dietary Guidelines for Americans.
- The rule will take effect on July 1, 2024, and incorporates feedback from stakeholders, including 200 comments on the proposal to add “traditional foods”’ to the regulations.
- USDA also sought feedback on which traditional foods USDA should incorporate in the Food Buying Guide. Some of the responses suggested adding wild game, including moose, reindeer, and caribou as well as plants such as kelp and Eskimo potatoes and fruits like salmonberries.
Posted: Week of April 29
Title: Submission for OMB Review; Comment Request on Importation of Animals and Poultry, Animal and Poultry Products, Certain Animal Embryos, Semen, and Zoological Animals.
- USDA’s Animal and Plant Health Inspection Service (APHIS) will collect a variety of information from entities such as foreign animal health authorities, U.S. importers, and foreign exporters. APHIS sources of information will include agreements, permits, and declarations of importation to help ensure that imports do not introduce foreign animal diseases into the United States.
- Tribal governments are among the expected respondents by May 28, 2024.
- APHIS’ Veterinary Services (VS) unit’s responsibilities include preventing the introduction of foreign or certain other infectious animal diseases into the United States.
Posted: Week of April 29
Title: Submission for OMB Review; Comment Request on Importation of Animals and Poultry, Animal and Poultry Products, Certain Animal Embryos, Semen, and Zoological Animals.
- USDA’s Animal and Plant Health Inspection Service (APHIS) will collect a variety of information from entities such as foreign animal health authorities, U.S. importers, and foreign exporters. APHIS sources of information will include agreements, permits, and declarations of importation to help ensure that imports do not introduce foreign animal diseases into the United States.
- Tribal governments are among the expected respondents by May 28, 2024.
- APHIS’ Veterinary Services (VS) unit’s responsibilities include preventing the introduction of foreign or certain other infectious animal diseases into the United States.
Posted: Week of April 29
Title: Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Revisions in the WIC Food Packages
- This is a notification of a final rule that will take effect on June 17, 2024.
- The changes to the WIC food packages are intended to provide participants with a wider variety of foods that align with the latest nutritional guidance in the 2020-2025 Dietary Guidelines for Americans.
- Changes also provide WIC State agencies with greater flexibility to prescribe and tailor food packages that accommodate participants’ special dietary needs and personal and cultural food preferences as well as address key nutritional needs to support healthy dietary patterns.
Posted: Week of April 22
- The deadline for comment submissions about this interim final rule is extended from April 27, 2024, to August 27, 2024.
- This interim final rule establishes a permanent Summer EBT Program, starting in the summer of 2024, and allows for meal service for eligible families, who have school-aged children and live in rural areas where no congregate meal service is offered.
Posted: Week of April 22
- USDA’s Food and Nutrition Service (FNS) seeks comments from the public, including from Tribal Governments, about its study on Understanding Risk Assessment (RA) in SNAP Payment Accuracy.
- One of the key research objectives is to determine if the RA tools create (or relieve) racial disparities.
- The subject of the RA focuses on FNS’ and the SNAP State agencies’ ability to monitor the program for improper over or underpayments.
- Comments must be received by May 9, 2024.
Posted: Week of April 15