Policy Brief – May 7, 2024

Home 9 News 9 Featured Article 9 Policy Brief – May 7, 2024

Summary

  • USDA announces three additional consultations taking place the first week of June at NCAI mid-year to discuss self-determination policies in forestry, food safety and nutrition programs. IFAI will facilitate a Tribal caucus with partners on May 23, 2024 online. There are also other consultations taking place this month including another at NCAI mid-year on Tribal Treaties as well as 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 ten Congressional hearings this week that are relevant to Tribal Food and Agriculture.
  • The Federal Register notice this week is a proposed rule that aligns SNAP Purpose and Work Requirement Provisions to the Fiscal Responsibility Act of 2023.
Key Policy-Related Dates
Tribal Consultation/Listening Sessions/Advisory Committee Meetings:    

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:

 

Title of Event: Build America, Buy America Act (BABAA) Purchase Consultation and Listening Session

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

Click the button below to learn more

Title of Event: Consultation on Notice of Proposed Rulemaking related to adding members to the Federal Subsistence Board

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:

Title of Event: Tribal Advisory Committee (TAC) Meeting

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:

  • May 29, 2024: 9-5 p.m. ET
  • May 30, 2024: 9-12 p.m. ET
  • Registration for in-person and virtual must be submitted by May 22, 2024.

Title of Event: Tribal Consultations: Expanding Tribal Self-Determination Policies at USDA

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:

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

Title of Event: Tribal Treaty Database Consultation and Listening Session

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:

Congressional updates    

Looking Back: 

Hearing: House Appropriations Committee– Wednesday, May 5 at 1 p.m. ET

Topic: Budget Hearing- Fiscal Year 2025 Request for the USDA Farm Production and Conservation (FPAC) Mission Area

Witnesses:

  • Robert Bonnie- Undersecretary, Farm Production and Conservation, USDA
  • Terry Crosby- Chief, Natural Resources Conservation Service, USDA
  • Zach Ducheneaux- Administrator, Farm Service Agency, USDA
  • Marcia Bunger- Administrator, Risk Management Agency, USDA

Highlights:

  • There were many topics covered in this hearing:
    • Program management struggles, emergency disaster relief, crop insurance, tree assistance program, conservation reserve program, dairy revenue protection program, dairy risk management, urban agriculture programs, avian influenza, and the commodity credit corporation.
  • Barbara Lee (D-CA) raised concerns about disparities in direct loan approval rates between black and white farmers and inquired about legislative proposals to address these disparities and support young and beginning farmers, particularly those who are socially and economically disadvantaged.
    • Farm Service Agency Administrator Ducheneaux also brought to light that Native Americans are also discriminated against in the loan process, and then highlighted legislative proposals aimed at removing barriers for young, beginning, and underserved producers and emphasized the importance of transparent and accessible processes.

Hearing: Senate Indian Affairs Committee– Wednesday, May 1 at 2:30 p.m. ET

Topic: (Rescheduled) Markup

Highlights:

  • Senator Tina Smith (D-MN) discussed the legislation that would return thousands of acres of forest land to the Leech Lake Tribe of Minnesota.
  • S. 616 (118), the “Leech Lake Reservation Restoration Technical Corrections Act of 2023”

Hearing: House Natural Resource Committee– Wednesday, May 1 at 10 a.m. ET

Topic: Examining FY 2025 Budget Request for the Dept. of Interior

Witness: Deb Haaland, Secretary, Department of the Interior
Highlights:

  • In written testimony the Secretary noted goals on Indian Affairs programs, leasing and conservation efforts in public and tribal lands, though did not mention Tribal agriculture leases specifically.
  • Committee members offered their views on the Department’s successes and failures on policies it previously enacted and those it intends to do so with this budget request.

Looking Ahead

Hearing: House Appropriations- Tuesday, May 7 at 9:00 a.m. ET,

Topic: Public Witness Hearing- American Indian and Alaska Native: Day 1 Morning Session

 

Hearing: House Natural Resource- Tuesday, May 7 at 10:15 a.m. ET

Topic: Full Committee Markup

 

Hearing: House Appropriations- Tuesday, May 7 at 1:00 p.m. ET

Topic: Public Witness Hearing: American Indian and Alaska Native: Day 1 Afternoon Session

 

Hearing: House Appropriations- Wednesday, May 8 at 9:00 a.m. ET

Topic: Public Witness Hearing—American Indian and Alaska Native: Day 2 Morning Session

 

Hearing: Senate Appropriations- Wednesday, May 8 at 10:30 a.m. ET

Topic: Review of FY 25 Budget Request for the Dept. of Interior

 

Hearing: House Appropriations- Tuesday, May 8 at 1:00 p.m. ET

Topic: Public Witness Hearing—American Indian and Alaska Native: Day 2 Afternoon Session

 

Hearing: House Natural Resource- Wednesday, May 8 at 2:15 p.m. ET

Topic: Review of FY 25 Budget Request for BIA, IHS, and OIA

 

Hearing: House Appropriations- Thursday, May 9 at 9:30 a.m. ET

Topic: Member Day: Interior, Environment, and Related Agencies

 

Hearing: House Committee on Ways and Means- Friday, May 10 at 9:00 a.m. ET

Topic: Field Hearing on Empowering Native American and Rural Communities

 

Hearing: House Energy and Commerce- Friday, May 10 at 12:00 p.m. CT

Topic: The State of Rural Broadband in America

Nominations

No current nominations to note.

 

Regulatory/Rulemaking Actions:   

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.

Title: Child Nutrition Programs; Meal Patterns Consistent with the 2020-2025 Dietary Guidelines for Americans.

  • 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  

Regulatory/Rulemaking Actions:   

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

Title: Establishing the Summer EBT Program and Rural Non-Congregate Option in the Summer Meal Programs

  • 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

Title: Submission for OMB Review on Risk Assessment in Supplemental Nutrition Assistance Program (SNAP) Payment Accuracy 

  • 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