Dear USET/USET SPF Family,
On March 9, 2024, President Biden signed into law H.R. 4366, the “Consolidated Appropriations Act of 2024.” Since Fiscal Year 2024 began on October 1, 2023, Congress had passed four Continuing Resolutions to keep the federal government open. H.R. 4366 now funds portions of the federal government through September 30, 2024. The bill is colloquially known as a “minibus,” or a smaller version of an omnibus bill, which packages several appropriations bills together to be passed as one piece of legislation rather than multiple, single appropriations bills. Under regular order, Congress prepares and passes 12 appropriations bills to fund the federal government. This minibus combines 6 of the 12 bills and provides full FY 2024 funding for the Departments and programs covered by those bills. The 6 bills combined in the minibus include:
- Agriculture, Rural Development, Food and Drug Administration, and Related Agencies
- Commerce, Justice, Science and Related Agencies
- Energy and Water Development (Department of Energy, U.S. Army Corps of Engineers, Bureau of Reclamation)
- Interior, Environment and Related Agencies (Department of the Interior, Environmental Protection Agency, Indian Health Service)
- Transportation and Housing and Urban Development
- Military Construction and Veterans Affairs
The minibus does not include funding for the six remaining bills: Defense, Financial Services & General Government, Homeland Security, Labor-Health and Human Services-Education, Legislative Branch, and State & Foreign Operations. Congress will need to finalize and pass the 6 remaining bills by this Friday, March 22, 2024, to avoid a partial government shutdown.
USET SPF provided testimony to Congress and comments to the Office of Management and Budget (OMB) on formulation of the FY 2024 budget. To view testimony provided by USET/USET SPF President, Chief Kirk Francis to the House Appropriations Subcommittee on Interior, Environment, and Related Agencies, “FY 2024 Tribal Public Witness Hearings”, on March 8, 2023, please click here. To view USET SPF’s October 14, 2022 comments to OMB in response to consultation on the President’s FY 2024 Budget Request, please click here.
Below are some key appropriations take aways—
Department of the Interior
- For the Department of the Interior (DOI), the minibus bill largely maintained funding levels for Tribal programs flat with FY 2023. Despite DOI receiving a small overall funding cut, Tribal programs were mostly maintained at the same funding level as the prior year. Funding provided for Tribal priority programs like resources protection, Tribal courts, roads maintenance, housing improvements, and Tribal safety and justice are all level with previously enacted levels.
- The total Bureau of Indian Affairs (BIA) FY 2024 funding for Tribal government operations is $340 million, an increase of +$30 million over FY 2023 enacted levels.
- The total BIA FY 2024 funding for human services (e.g., social services and welfare assistance, etc.) is $163.7 million, a decrease of -$3.3 million over FY 2023 enacted levels.
- The total BIA FY 2024 funding for the Branch of Tribal Climate Resilience is $34.3 million, a decrease of -$700,000 over FY 2023 enacted levels.
- The total BIA FY 2024 funding for public safety and justice programs is $555.6 million, a decrease of -$24.2 million from FY 2023, and $34.8 million for Tribal Justice Support for compliance with the Violence Against Women Act, which is equal to FY 2023 levels.
- For the Bureau of Indian Education (BIE), the minibus allocated $1.1 billion to maintain operations of BIE schools and programs. This level is equal to FY 2023 levels as well.
- In addition, similar to BIA, the Consolidated Appropriations Act of 2024 fully funds 105(l) lease payments and Contract Support Costs (CSC) by maintaining the indefinite appropriation for these programs.
- $16.9 million for services under the Indian Child Welfare Act, a decrease of -$945,000 from FY 2023 enacted levels.
- $23.4 million for Native American Graves Protection and Repatriation Grants, which is equal to FY 2023 funding levels.
Indian Health Service
- The Consolidated Appropriations Act of 2024 provided an additional $1.8 billion of funding for the Indian Health Service (IHS), bringing the total IHS funding level to $6.9 billion for FY 2024, a very small increase of $3.7 million over FY 2023 levels. Importantly, the law also includes an advance appropriation of $5.2 billion for the IHS in FY 2025, an increase of $61 million over the advance appropriation provided for FY 2024. As with the FY 2024 advance appropriation, the FY 2025 advance appropriation also exempts certain programs (Electronic Health Records, Indian Health Care Improvement Fund, Facilities Construction, Sanitation Facilities Construction, 105(l) lease payments, and Contract Support Costs) and maintains them as discretionary spending. As those programs were not included in the FY 2024 advance appropriation the IHS received on October 1, 2024, this bill establishes full-year FY 2024 funding for those programs as follows:
- +$61 million increase for staffing of newly constructed health facilities.
- -$27 million decrease for Electronic Health Record modernization for a total of $191 million in FY 2024.
- -$73 million decrease for Sanitation Facilities Construction.
- -$78 million decrease for Healthcare Facilities Construction.
- +$82 million increase for Contract Support Costs (CSC).
- +$38 million increase for Section 105(l) lease payments.
- In the case of Contract Support Costs (CSC) and Section 105(l) lease payments, the funding level for each program increased but both programs remain as indefinite appropriations, meaning that these programs will continue to be funded at the necessary level regardless of the figure established in this legislation. Despite advocacy from Tribal Nations, organizations, and the Administration, Congress did not move CSC and 105(l) lease payments to the mandatory side of the budget.
- The minibus bill also extended funding for the Special Diabetes Program for Indians (SDPI) through December 31, 2024 at an annualized funding level of $160 million, an increase of $10 million. This is the first time SDPI has received an increase since FY 2004. A longer-term extension will ensure that the SDPI will not expire this calendar year, but it does mean that Congress will need to take up SDPI reauthorization again at the end of the year. USET SPF and others have long advocated for permanent SDPI reauthorization to shield the program from funding lapses and uncertainty, as well as self-governance authority for the program.
- The bill also rescinded a total of $440 million from the IHS. This includes a $350 million recission of unobligated funds from the American Rescue Plan Act (ARPA) that were slated for public health capacity and workforce activities, as well as a $90 million recission intended for accreditation emergencies.
U.S Department of Agriculture
- $5.2 million for the USDA Office of Tribal Relations (OTR), of which $1 million shall be to continue a Tribal Public Health Resources Center at a land grant university. This funding for USDA OTR is a decrease of -$1.343 million for USDA’s FY 2024 Budget Request but remains constant with USDA FY 2023 enacted levels.
- $5 million for the Single Family Housing Relending Demonstration Program for Native American Tribes, a decrease of -$2.5 million over FY 2023 enacted levels.
- $3 million for the Supplemental Nutrition Assistance Program, Tribal Demonstration Projects. This appropriation is unchanged from FY 2023 enacted levels.
- $165 million for the Food Distribution Program on Indian Reservations (FDPIR), an increase of +$2.851 million over FY 2023.
- $40 million for Distance Learning and Telemedicine, a decrease of -$20 million from FY 2023,and $90 million for broadband ReConnect Loans and Grants Program, a decrease of -$258 million from FY 2023.
Environmental Protection Agency
- $4.4 billion for the State and Tribal Assistance Grants Program, a decrease of -$61.5 million from FY 2023.
- $4 million for the Indian Reservation Drinking Water Program, which remains unchanged from FY 2023.
- $30.7 million for a competitive grant program for qualified non-profit organizations to provide technical assistance for improved water quality or safe drinking water, adequate wastewater to small systems, or individual private well owners. This funding level remains unchanged from FY 2023.
- $12.3 million for the Underground Injection Control (UIC) safe water program, a decrease of -$870,000 from FY 2023. In addition, Congress directed that no less than $5 million of the FY 2024 appropriation is to be used for EPA’s continued work within the UIC program related to Class VI well for geologic sequestration. These funds are to be used by EPA to expedite review and process Class VI permits and primacy applications from Tribal Nations and state governments.
Department of Transportation
- $1.5 million for the Office of Tribal Government Affairs, an increase of +$79,000 from FY 2023.
- $2.2 billion for the Highway Infrastructure Programs General Fund, a decrease of -$1.2 billion from FY 2023. Congress has directed that $150 million be allocated from the General Fund for the Tribal Transportation Program.
- $25 million for rural and Tribal infrastructure advancement authorized by P.L. 117-58, the Infrastructure Investment and Jobs Act, to remain available until September 30, 2026. This is new funding authorized by the Infrastructure Investment and Jobs Act.
Department of Housing and Urban Development
- $32.2 billion for tenant-based rental assistance, an increase of +$4.8 billion from FY 2023. Congress has also directed HUD to allocate up to $7.5 million for tenant-based rental assistance and associated administrative fees for the Tribal HUD-VASH Program to serve Native American veterans that are homeless or at-risk of homelessness living on or near a reservation or other Indian areas.
- $1.1 billion for the Native American Housing Block Grant Program, an increase of +$324 million over FY 2023, of which:
- $150 million is for the competitive Native American Housing Block Grant Program, which remains unchanged from FY 2023.
- $75 million is for the Indian Community Development Block Grant Program, which also remains unchanged from FY 2023
- $7 million for training and technical assistance to Indian tribes, Indian housing authorities, and Tribally designated housing entities. This amount is equal to FY 2023. Congress has also directed HUD that not less than $2 million shall be for a national organization authorized under section 703 of NAHASDA (25 USC 4212).
- $1.5 million for the Indian Housing Loan Guarantee Fund, a decrease of -$4 million from FY 2023.
For more information, please contact Brian Howard, USET SPF Senior Policy Analyst, at bhoward@usetinc.org.
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