2.01.02 - U.S. Department of Interior - Bureau of Indian Affairs

U.S. Department of Interior - Bureau of Indian Affairs (BIA)

There are three documents that pertain to the involvement of Cooperative Extension programs on Arizona's Indian Reservations. They are:

I. Agreement in Principle between U.S. Department of Interior and USDA - 1988

The U.S. Government is the trustee of most American Indian lands and maintains a government-to-government relationship with Indian tribes. The U.S. Department of the Interior (USDI) and the U.S. Department of Agriculture (USDA) have a common objective of helping to promote the highest and best use of trust lands.

The USDI is the lead agency of the Federal Government for the administration and protection of Indian trust land and resources and the enforcement of treaties, laws, and regulations pertaining to the welfare of American Indians. The agency is also responsible for implementing self-determination policies for these groups.

The USDA is the lead agency of the Federal Government for providing effective and efficient coordination of Federal agricultural and rural development programs. In providing its services, USDA recognizes its responsibilities with regard to American Indians. USDA recognizes that these entities possess the right to exist as separate governments, with authority to govern themselves and manage their resources.

USDI and USDA, in recognition of their respective responsibilities, enter into this agreement as a foundation for their endeavors in promoting the objectives of meeting the needs of American Indians. Through this agreement, USDI and USDA will work in partnership to improve the delivery of programs and services to better meet the needs of American Indians.

II. Memorandum of Understanding between Bureau of Indian Affairs - U.S. Department of Interior and CSREES-USDA-1988 (following is a slightly edited version which deletes the historical development of the Extension System).

A. Purpose

The purpose of this Memorandum of Understanding (MOU) is to establish a foundation for coordinating efforts to plan and provide management training, technical assistance and information to Indian tribes, individuals and Indian youth groups on agriculture/range matters. This MOU addresses those responsibilities that must be coordinated and contracted through cost reimbursable agreements between ES and BIA and further through subcontracts or other subagreements with the various States. It also recognizes the role of Indian tribes as landowners and land users and as governmental entities having basic authorities and responsibilities for the development and administration of natural resource programs.

B. Authorities

The Bureau of Indian Affairs (BIA) is responsible for the administration of Indian trust resources and the enforcement of treaties, laws, and regulations pertaining to the affairs and welfare of the American Indian, and is the lead agency for the Secretary of the Interior in fulfilling trust responsibilities and Indian self-determination policies. The responsibility and authority for coordination and integration of management programs pertaining to Indian trust resources rests at all times with the BIA.

Extension Service (ES) engages in cooperative Extension work pursuant to the Smith-Lever Act, as amended (7 U.S.C. 341-349), Section 1444 of the National Agriculture Research, Extension and Teaching Policy Act of 1977 (7 U.S.C 3221), and the Rural Development Act of 1972, as amended (7 U.S.C. 2661 et. seq.), is recognized as an authority in providing an educational resource for the American public, and is responsible for disseminating agricultural and home economics information and guidance through land-grant universities complying with the requirements of the Smith-Lever Act. These functions are performed through the State Cooperative Extension Services staffs of agricultural and home economics field agents and program leaders in over 3,000 counties in the United States.

C. Background

The BIA recognizes that Indian tribes, individual Indian operators and Indian youth groups located throughout the United States are entitled to Extension Service programs; however, in order to provide these services, support is needed by the ES through cooperation with the State CES to assist Indian operators and youth groups.

The BIA and ES have a common objective of helping to enhance the competitiveness and profitability of American agriculture on Indian land and promote the highest and best use of Indian land by Indians.

D. Definitions

Indian means a person who is a member of a Federally recognized Indian tribe.

Indian Lands means all land held in trust by the United States Government for an Indian tribe or individual Indian(s).

Indian Tribe means any Indian tribe, band, nation, or other group which is recognized as an Indian tribe by the Secretary of the Interior. Such term also includes any Native village corporation, regional corporation, and Native group established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1701 et. seq.).

Superintendent means the Bureau of Indian Affairs Agency Superintendent, the Superintendent's representative(s), or other officer of the Bureau of Indian Affairs having immediate administrative responsibility over Indian lands and resources.

E. Responsibilities

1. Pursuant to this MOU, the ES will:
a. Provide leadership, direct assistance and oversight to the State CES in planning, coordinating, conducting, and evaluating extension plans of work with Indians in those States where the BIA has contracts or other arrangements involving the State CES.
b. Consult and advise the State CES in the preparation of plans of work and reports of activities with Indians in keeping with the terms of the individual State arrangements, which the State CES is required to furnish to the Bureau of Indian Affairs through the Bureau's Areas Directors.
c. Provide the BIA copies of field trip reports and other pertinent reports prepared by field agents and program leaders who are assisting the State CES in any way with extension programs and activities with Indians.
d. Submit to the BIA semi-annually an evaluation report of problems, progress and accomplishments covering Indian extension work in the States involved.
e. Through its representatives, including both administrative and program staff members and representatives of the BIA, consult and collaborate with each other to the extent needed and keep each other mutually informed.
f. Advise of and offer to BIA and tribal personnel, available extension training.

2. Pursuant to this MOU, the BIA will:
a. Negotiate and execute all agreements with the ES for providing the Indian citizens with agricultural extension assistance through a State CES.
b. Designate an employee or employees to maintain the necessary liaison and coordination with the ES.
c. Evaluate the utilization and effectiveness of extension programs and services provided to the Indian Tribes.

3. It is Mutually Agreed that:
a. This MOU shall become effective when signed by both agencies.
b. BIA and ES/USDA will jointly review this MOU on an annual basis to determine if changes are needed to meet current policy, laws regulations and arrangements.
c. This MOU may be modified or amended at any time by mutual written agreement of the parties hereto, and it may be terminated by either party after 30 days written notice to the other.
d. This MOU is not a fiscal or funds obligating document. Any activities involving reimbursement or transfer of funds between the parties to this agreement will be handled in accordance with prescribed financial procedures and will be the subject of supplemental agreements that shall be effected in writing by representatives of both parties to this agreement.

III. 1990 Farm Bill - Extension Indian Reservation Agents

Specific mention of program support on Indian Reservations is contained in section 1677 of the 1990 Farm Bill. It states:

Sec. 1677. Reservation Extension Agents
1. Provides extension educational programs on Indian reservations and tribal jurisdictions from offices on reservations.
2. Agents would be employees of the state Cooperative Extension Service.
3. Authorization of appropriations - "such sums as may be necessary."