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Recommendations Database

GAO’s recommendations database contains report recommendations that still need to be addressed. GAO’s priority recommendations are those that we believe warrant priority attention. We sent letters to the heads of key departments and agencies, urging them to continue focusing on these issues. Below you can search only priority recommendations, or search all recommendations.

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As of October 25, 2020, there are 4812 open recommendations, of which 473 are priority recommendations. Recommendations remain open until they are designated as Closed-implemented or Closed-not implemented.

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Subject Term: "Native American lands"

12 publications with a total of 33 open recommendations including 2 priority recommendations
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Tribal Energy: Opportunities Exist to Increase Federal Agencies' Use of the Tribal Preference Authority
GAO-19-359, Apr 19, 2019
Director: Frank Rusco
Phone: (202) 512-3841

1 open recommendations
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Recommendation: To the extent that Congress wants to further encourage federal agencies to use tribal energy sources, it should consider amending the Energy Policy Act of 2005 to provide more specific direction to federal agencies for implementing the tribal energy preference, to include consideration of additional incentives or requirements to use these energy sources. (Matter for Consideration 1)

Agency: Congress
Status: Open

Comments: We will provide updated information when we confirm what steps Congress has taken related to this matter.
Superfund: EPA Should Improve the Reliability of Data on National Priorities List Sites Affecting Indian Tribes
GAO-19-123, Jan 23, 2019
Director: J. Alfredo Gómez
Phone: (202) 512-3841

3 open recommendations
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Recommendation: The Director of EPA's Office of Superfund Remediation and Technology Innovation should develop a regular review process to ensure the quality of Superfund Enterprise Management System (SEMS) data identifying NPL sites on tribal property and revise automated reports used to check the accuracy of SEMS data to include on tribal property data. (Recommendation 1)

Agency: Environmental Protection Agency
Status: Open

Comments: EPA concurred with our recommendation. EPA stated that during the course of our work on this report, SEMS tribal data was reviewed for quality control and corrections were made to the existing data. In addition, EPA's Office of Superfund Remediation and Technology Innovation plans to create a schedule to review tribal data in SEMS and disseminate tribal data to Superfund regional coordinators annually for their quality assurance review starting in April 2019.
Recommendation: The Director of EPA's Office of Superfund Remediation and Technology Innovation should clarify agency guidance regarding tribal consultation for the Superfund program to clearly identify the circumstances under which the agency should consider consulting with tribes. (Recommendation 3)

Agency: Environmental Protection Agency
Status: Open

Comments: EPA concurred with our recommendation. EPA plans to issue a memo to regions that clarifies circumstances under which regions may consider tribal consultation for the Superfund program by March 2020.
Recommendation: The Assistant Administrator of EPA's Office of International and Tribal Affairs should develop or revise existing guidance to clearly direct regional officials to document all invitations to consult with tribes in the Tribal Consultation Opportunity Tracking System database and provide the guidance to those officials. (Recommendation 4)

Agency: Environmental Protection Agency
Status: Open

Comments: EPA concurred with our recommendation and planned four actions in response. According to EPA, it (1) issued a memorandum to all Assistant Administrators and Regional Administrators on the importance of tribal consultation in April 2019; (2) plans to issue monthly TCOTS report to Deputy Assistant Administrators and Regional Assistant Administrators on the status of consultations recorded in TCOTS; (3) developed training slides targeted to EPA's Regional Superfund staff on when and how to document consultation actions in TCOTS, presented during the annual 2019 National Association of Remedial Project Managers training in August 2019; and (4) revised a training module and draft TCOTS User Guide with particular emphasis on entering consultation information into TCOTS, with trainings scheduled in 2019.
Indian Programs: Interior Should Address Factors Hindering Tribal Administration of Federal Programs
GAO-19-87, Jan 3, 2019
Director: Frank Rusco
Phone: (202) 512-3841

3 open recommendations
including 1 priority recommendation
Display
Recommendation: The Assistant Secretary of Indian Affairs should develop a process so that all regional and agency offices consistently provide tribes with documentation on calculations and methodologies to identify resources available to administer a program using a self-determination contract. (Recommendation 1)

Agency: Department of the Interior: Bureau of Indian Affairs
Status: Open
Priority recommendation

Comments: Interior agreed with this recommendation and stated that it will develop updated procedures on the response to tribal inquiries for resources available for self-determination contracts. To fully implement this recommendation, BIA needs to develop updated procedures to respond to tribal inquiries regarding available resources. When we obtain additional information from BIA, we will update the status of this recommendation.
Recommendation: The Assistant Secretary of Indian Affairs should develop a process that results in consistent determinations for inherently federal functions and to provide documentation to tribes on specific activities and functions determined to be inherently federal. (Recommendation 2)

Agency: Department of the Interior: Bureau of Indian Affairs
Status: Open

Comments: Interior agreed with this recommendation. When we obtain additional information from BIA, we will update the status of this recommendation.
Recommendation: The Assistant Secretary of Indian Affairs should establish a process to track and monitor the disbursement of funds associated with self-determination contracts and self-governance compacts. (Recommendation 3)

Agency: Department of the Interior: Bureau of Indian Affairs
Status: Open

Comments: Interior agreed with this recommendation and is developing documentation on the process for the disbursement of funds. Once the agency provides additional information regarding its efforts to implement the recommendation, we will evaluate the status of it.
Tribal Broadband: FCC Should Undertake Efforts to Better Promote Tribal Access to Spectrum
GAO-19-75, Nov 14, 2018
Director: Mark Goldstein
Phone: (202) 512-2834

3 open recommendations
Display
Recommendation: The Chairman of FCC should collect data on the extent that tribal entities are obtaining and accessing spectrum and use this information as FCC implements ongoing spectrum initiatives. (Recommendation 1)

Agency: Federal Communications Commission
Status: Open

Comments: As of July 2020, FCC said it will consider ways to collect data on the extent that tribal entities are obtaining and accessing spectrum, including updating application forms to provide for voluntary submission of this information. FCC noted that this is an ongoing activity with no specific completion date.
Recommendation: The Chairman of FCC should analyze data to better understand the extent that unused spectrum licenses exist over tribal lands, such as by analyzing the data for a sample of tribal lands, and as appropriate use this information to inform its oversight of the secondary market. (Recommendation 2)

Agency: Federal Communications Commission
Status: Open

Comments: As of July 2020, FCC indicated that they believe this was implemented by the tribal priority window for the 2.5 GHz spectrum bands, but has yet to provide documentation to GAO. We will continue to monitor FCC actions in this area.
Recommendation: The Chairman of FCC should make information on spectrum-license holders more accessible and easy to understand for interested parties, including tribal entities, to promote their ability to purchase or lease spectrum licenses from other providers. (Recommendation 3)

Agency: Federal Communications Commission
Status: Open

Comments: As of July 2020, FCC said it was engaged in a multi-year project to modernize the Universal Licensing System (ULS), which is the online system that contains electronic records of all wireless spectrum licenses. FCC said it would transition ULS to a new platform that will provide more consistent performance, easier access to information, and enhanced functionality; the ULS modernization is an ongoing activity that FCC believes will be completed by December 2021.
Tribal Broadband: Few Partnerships Exist and the Rural Utilities Service Needs to Identify and Address Any Funding Barriers Tribes Face
GAO-18-682, Sep 28, 2018
Director: Mark Goldstein
Phone: (202) 512-2834

1 open recommendations
Display
Recommendation: The Secretary of Agriculture should direct the Administrator of RUS to undertake an assessment to identify any regulatory barriers that may unduly impede efforts by tribes to obtain RUS federal grant funds for broadband deployment on tribal lands and implement any steps necessary to address the identified barriers. (Recommendation 1)

Agency: Department of Agriculture
Status: Open

Comments: In April 2020, RUS officials told us that they were documenting their tribal outreach efforts and the feedback collected on tribal needs related to the RUS broadband programs, and that they would provide this information to us when it is complete. Once we receive and review this information, we will update the status of this recommendation.
Broadband Internet: FCC's Data Overstate Access on Tribal Lands
GAO-18-630, Sep 7, 2018
Director: Mark L. Goldstein
Phone: (202) 512-2834

3 open recommendations
Display
Recommendation: The Chairman of the Federal Communications Commission should develop and implement methods--such as a targeted data collection--for collecting and reporting accurate and complete data on broadband access specific to tribal lands. (Recommendation 1)

Agency: Federal Communications Commission
Status: Open

Comments: FCC officials said they plan to implement by September 2021. They believe the rec is addressed by the new Digital Opportunity Data Collection (DODC) program and associated platform. FCC agreed that while the DODC is a general information improvement effort, it will also cover tribal lands and address this rec.
Recommendation: The Chairman of the Federal Communications Commission should develop a formal process to obtain tribal input on the accuracy of provider-submitted broadband data that includes outreach and technical assistance to help tribes participate in the process. (Recommendation 2)

Agency: Federal Communications Commission
Status: Open

Comments: FCC believes the Digital Opportunity Data Collection program will satisfy this recommendation in part by the data verification process, which has a crowd-sourced component. The data validation is not specific to tribal input, but FCC believes the process would help verify all data as accurate and thus satisfy our recommendation.
Recommendation: The Chairman of the Federal Communications Commission should obtain feedback from tribal stakeholders and providers on the effectiveness of FCC's 2012 statement to providers on how to fulfill their tribal engagement requirements to determine whether FCC needs to clarify the agency's tribal engagement statement. (Recommendation 3)

Agency: Federal Communications Commission
Status: Open

Comments: On October 24, 2018, FCC announced the appointment of 19 Tribal members and eight FCC members to the FCC's renewed Native Nations Communications Task Force. The Task Force, according to FCC's website, "will help the Commission fulfill its commitment to increase access to broadband and other communications infrastructure deployment and services on Tribal lands." According to FCC officials, FCC has tasked the Native Nations Communications Task Force with helping evaluate the effectiveness of the tribal engagement obligation, and expects the task force to provide FCC with its findings and recommendations by Spring 2020. FCC has yet to provide documentation to GAO to satisfy this recommendation.
Oil and Gas Wells: Bureau of Land Management Needs to Improve Its Data and Oversight of Its Potential Liabilities
GAO-18-250, May 16, 2018
Director: Frank Rusco
Phone: (202) 512-3841

2 open recommendations
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Recommendation: The Director of BLM should systematically and comprehensively track the actual costs BLM incurs when reclaiming orphaned wells and the information, including the number of orphaned wells and inactive wells over time, necessary to determine the agency's potential liabilities. (Recommendation 1)

Agency: Department of the Interior: Bureau of Land Management
Status: Open

Comments: BLM concurred with this recommendation and, in July 2019, the agency developed a new funding code to track the costs incurred when reclaiming orphaned wells and issued written guidance to state and field offices in order to implement the bureau-wide use of the code. Also in July 2019, BLM officials stated that the agency will expand existing reporting capabilities to provide the ability to track orphaned and inactive well records over time. As of September 2020, we are working to confirm what actions BLM has taken to track the number of orphaned and inactive wells over time, and we will provide updated information when we obtain it.
Recommendation: The Director of BLM should develop a resource management plan addressing resources needed for conducting well and bond adequacy reviews and reclaiming orphaned wells. (Recommendation 6)

Agency: Department of the Interior: Bureau of Land Management
Status: Open

Comments: BLM officials stated that the agency conducts annual work planning processes which facilitates the decisions regarding the allocation of agency resources. In July 2019, BLM included additional language in its annual work plan that underscores the importance and relevance of well and bond adequacy reviews. The agency also developed a new fund code to track the actual reclamation costs incurred from reclaiming orphaned wells. The annual work plan also lists identifying and cataloging orphaned wells as a performance goal and the plan states that BLM is working with state regulatory agencies to plug wells within funding levels and state agreements. However, as of September 2020, absent identification of funds needed to reclaim orphaned wells and where those funds will come from, BLM does not have a plan to reclaim wells that are currently orphaned.
Office of Navajo and Hopi Indian Relocation: Executive Branch and Legislative Action Needed for Closure and Transfer of Activities
GAO-18-266, Apr 24, 2018
Director: William Shear
Phone: (202) 512-8678

9 open recommendations
Display
Recommendation: Congress should consider providing necessary authority for other agencies to continue remaining activities when ONHIR closes. (Matter for Consideration 1)

Agency: Congress
Status: Open

Comments: Legislation has not yet been enacted that would authorize other agencies to assume remaining functions from ONHIR. The report accompanying the Consolidated Appropriations Act for fiscal year 2019 directs ONHIR to continue working on the development of a comprehensive plan for closing ONHIR which includes legal analysis on whether any enacting legislation is required to transfer functions to another agency or organization. We will continue to monitor any relevant legislation.
Recommendation: Congress should consider determining (1) whether the requirement for the land acquired pursuant to the Settlement Act as amended to be used solely for the benefit of relocatees should continue and (2) how grazing on the New Lands should be regulated. (Matter for Consideration 2)

Agency: Congress
Status: Open

Comments: Legislation has not yet been enacted that would address whether the requirement for the land to be used solely for the benefit of relocatees should continue or regulation of grazing on the New Lands. A committee report accompanying ONHIR's fiscal year 2019 appropriations directs ONHIR to work closely with the tribes, the Office of the Special Trustee, the Bureau of Indian Affairs, and the Department of Justice to develop and implement a comprehensive plan for the closure of ONHIR. We will continue to monitor any relevant legislation.
Recommendation: Congress should consider addressing the mandatory trust acquisition provision for the Navajo Nation in the Settlement Act as amended. (Matter for Consideration 3)

Agency: Congress
Status: Open

Comments: Legislation has not yet been enacted to address the mandatory trust acquisition provision. A committee report accompanying ONHIR's fiscal year 2019 appropriations directs ONHIR to work closely with the tribes, the Office of the Special Trustee, the Bureau of Indian Affairs, and the Department of Justice to develop and implement a comprehensive plan for the closure of ONHIR. We will continue to monitor any relevant legislation.
Recommendation: Congress should consider whether the requirement for the Navajo Nation to repay the U.S. Treasury for appropriations made to the Navajo Rehabilitation Trust Fund should continue. (Matter for Consideration 4)

Agency: Congress
Status: Open

Comments: Legislation has not yet been enacted to address the mandatory trust acquisition provision. A committee report accompanying ONHIR's fiscal year 2019 appropriations directs ONHIR to work closely with the tribes, the Office of the Special Trustee, the Bureau of Indian Affairs, and the Department of Justice to develop and implement a comprehensive plan for the closure of ONHIR. We will continue to monitor any relevant legislation.
Recommendation: The Executive Director of ONHIR should request a presidential determination as to whether ONHIR has fully discharged its responsibilities and whether it should close. (Recommendation 1)

Agency: Office of Navajo and Hopi Indian Relocation
Status: Open

Comments: The explanatory statement to the Consolidated Appropriations Act for fiscal year 2019 states that the determination that ONHIR's functions have been fully discharged requires development of a comprehensive plan. In October 2018, ONHIR officials stated that they continue to work on transition planning, including helping to develop closeout legislation. We will continue to monitor ONHIR's actions in response to this recommendation.
Recommendation: The Executive Director of ONHIR should prepare complete information on the remaining denied households who could still file for federal appeals. Such information could include paper case files and information in ONHIR's client database for those households. (Recommendation 2)

Agency: Office of Navajo and Hopi Indian Relocation
Status: Open

Comments: As of October 2018, ONHIR officials had developed a schedule of cases that were still eligible to file for federal appeals and reported that the files have been gathered, organized and prepared. Officials also stated that all closed case files that are not subject to an administrative appeal were transferred to the National Archives and Records Administration. We will continue to follow up with ONHIR on the availability of the paper files and the status of efforts to transition its database to another agency upon closure.
Recommendation: The Executive Director of ONHIR should prepare complete information on warranties and contractors. Such preparation should include linking warranty complaints to the relevant contractor, completing missing warranty information, and completing information on contractors' past performance. (Recommendation 3)

Agency: Office of Navajo and Hopi Indian Relocation
Status: Open

Comments: As of October 2018, ONHIR officials had produced a report of outstanding warranty complaints, reviewed paper case files for additional information on the status of the complaints, and updated the database accordingly. ONHIR has also developed a report of case files that will need to remain at ONHIR until the warranty period expires. We will continue to follow up to determine how information on contractors' past performance will be maintained.
Recommendation: The Executive Director of ONHIR should establish a comprehensive inventory of (1) properties located on trust land it administers, (2) leases of those properties, and (3) surface use and other use agreements for trust land it administers. (Recommendation 4)

Agency: Office of Navajo and Hopi Indian Relocation
Status: Open

Comments: In June 2018, ONHIR reported that it had updated and maintains a comprehensive inventory that includes property, leases, and surface use agreements on all trust land it administers. Our review of the updated inventory found that not all leases are included, and it is unclear why some properties are listed more than once in the inventory. We will continue to monitor actions ONHIR takes in response to this recommendation.
Recommendation: The Executive Director of ONHIR should identify which leases and other agreements need to be amended or assigned because (1) ONHIR is the lessor, (2) the lease or agreement provides for annual payments to be made to ONHIR, and/or (3) the lease or agreement terminates upon ONHIR's closure. (Recommendation 5)

Agency: Office of Navajo and Hopi Indian Relocation
Status: Open

Comments: As of October 2018, ONHIR stated that it is working to record all current leases with the Department of Interior and plans to identify any needed amendments or assignments once a successor entity is identified.
Indian Energy Development: Additional Actions by Federal Agencies Are Needed to Overcome Factors Hindering Development
GAO-17-43, Nov 10, 2016
Director: Rusco, Franklin W
Phone: (202) 512-3841

4 open recommendations
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Recommendation: The Secretary of Energy should designate a career senior-level federal government employee to serve as co-chair of the White House Council on Native American Affairs' Energy Subgroup.

Agency: Department of Energy
Status: Open

Comments: In June 2013, an executive order established the White House Council on Native American Affairs. However, the Council did not convene under the current Presidential administration until mid-2020. We will follow-up with DOE in fiscal year 2021 regarding this recommendation.
Recommendation: The Secretary of the Interior, as Chair of the White House Council on Native American Affairs, should direct the co-chairs of the Council's Energy Subgroup to establish formal agreements with all agencies identified for inclusion in the Subgroup to encourage participation.

Agency: Department of the Interior
Status: Open

Comments: In June 2013, an executive order established the White House Council on Native American Affairs. The Tribal Energy Subgroup's efforts were to focus on creating a coordinated effort among the federal agencies to promote energy and energy infrastructure development in Indian Country. The Council convened under the current administration in mid-2020. We believe Interior should still pursue this collaboration and agreements with these agencies and will monitor the agency's progress.
Recommendation: The Secretary of the Interior should direct the Director of the Bureau of Indian Affairs to incorporate effective workforce planning standards by assessing critical skills and competencies needed to fulfill BIA's responsibilities related to energy development and by identifying potential gaps.

Agency: Department of the Interior
Status: Open

Comments: In September 2019 BIA officials stated that they had begun to identify the critical skills and competencies necessary for select Indian energy-related occupations. BIA officials told us that, once complete, agency officials will be able to use the catalog of necessary skills and competencies to identify training needs for existing staff. To fully implement this recommendation, BIA needs to 1) assess the critical skills and competencies needed to fulfill BIA's responsibility related to energy development and 2) identify potential gaps. As of January 2020, BIA is in the early stages of identifying necessary skills and competencies, and BIA officials told us that they expect to complete the catalog of skills and competencies by the end of fiscal year 2020.
Recommendation: The Secretary of the Interior should direct the Director of the Bureau of Indian Affairs to establish a documented process for assessing BIA's workforce composition at agency offices taking into account BIA's mission, goals, and tribal priorities.

Agency: Department of the Interior
Status: Open

Comments: Our recommendation was based on our findings that the workforce composition of agency offices is not regularly reviewed to provide reasonable assurance that it is consistent with BIA's mission and individual tribes' priorities and goals. In December 2019, BIA officials told us that they were in the early stages of developing a process to regularly assess workforce composition at agency offices. BIA officials said that they drafted a data collection tool to collect workforce composition information, and that BIA would be developing a system to collect and analyze the data on an annual basis. According to BIA officials, BIA intends to use the workforce composition data to identify BIA's staffing needs and inform BIA budget requests. BIA officials said that they aim to complete the documented process for assessing workforce composition by the end of February 2020.
Indian Energy Development: Interior Could Do More to Improve Its Process for Approving Revenue-Sharing Agreements
GAO-16-553, Jun 13, 2016
Director: Frank Rusco
Phone: (202) 512-3841

1 open recommendations
Display
Recommendation: The Secretary of the Interior should direct the Director of the Bureau of Indian Affairs and, as appropriate, the Director of the Bureau of Land Management to establish required time frames for the review and approval of Indian CAs to ensure a more timely CA process.

Agency: Department of the Interior
Status: Open

Comments: In a meeting in December 2019, the Indian Energy and Minerals Steering Committee (IEMSC) members agreed that BIA should complete the review and approval of Indian communitization agreements (CA) within 120 days. This 120 days includes the requirement that the Bureau of Land Management (BLM) complete its review in 30 days and that this review occurs concurrently. IEMSC is a committee within Interior that includes senior managers from BIA, BLM, and other agencies with a focus on Indian trust energy and mineral policies and issues. To fully implement this recommendation, BIA should formally establish required time frames for the review and approval of CA, such as including the time frames in its Onshore Energy and Mineral Lease Management Interagency Standard Operating Procedures. We will continue to monitor BIA's response to this recommendation.
Indian Energy Development: Poor Management by BIA Has Hindered Energy Development on Indian Lands
GAO-15-502, Jun 8, 2015
Director: Frank Rusco
Phone: (202) 512-3841

2 open recommendations
including 1 priority recommendation
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Recommendation: To improve the efficiency and transparency of its review process, the Secretary of the Interior should direct the Director of the Bureau of Indian Affairs or the Director of the Office of the Indian Energy and Economic Development, as appropriate, to develop a documented process to track its review and response times.

Agency: Department of the Interior
Status: Open
Priority recommendation

Comments: Interior agreed with this recommendation. The agency has taken initial steps by developing system enhancements to document the submittal date of energy-related documents. According to BIA officials, there is not yet a process for tracking and reporting on timeframes. To fully implement this recommendation, BIA needs to develop plans and procedures for management to gather information on agency response times for monitoring and assessment.
Recommendation: To ensure the tribal energy development capacity (TEDC) grant program is effective in moving tribes closer to developing the capacity needed to pursue TERAs, the Secretary of the Interior should direct the Director of the Bureau of Indian Affairs or the Director of the Office of the Indian Energy and Economic Development, as appropriate, to develop a documented process for evaluating the effectiveness of TEDC grants.

Agency: Department of the Interior
Status: Open

Comments: The Office of Indian Energy and Economic Development's Division of Energy and Mineral Development sent surveys to tribal stakeholders on the effectiveness of TEDC grants. However, as of January 2020, Indian Affairs does not have a documented process for evaluating the effectiveness of TEDC grants.
Oil and Gas: Updated Guidance, Increased Coordination, and Comprehensive Data Could Improve BLM's Management and Oversight [Reissued on May 16, 2014]
GAO-14-238, May 5, 2014
Director: Frank Rusco
Phone: (202) 512-3841

1 open recommendations
Display
Recommendation: The Secretary of the Interior should direct the Director of the Bureau of Land Management to identify and take necessary steps to ensure communitization agreements are reviewed within required time frames.

Agency: Department of the Interior
Status: Open

Comments: This recommendation is similar to recommendations in GAO-16-553 regarding the timely review and approval of Indian communitization agreements (CAs). In September 2018, Interior added a tracking module for Indian CAs, as well as other mineral lease agreements, to its Trust Asset and Accounting Management System (TAAMS). Then in February 2019, BIA officials told us the agency had drafted suggested time frames for the review and approval of Indian CAs for both BIA and BLM. BIA was revising the Onshore Energy and Mineral Lease Management Interagency Standard Operating Procedures to include these time frames. The officials also said that the Indian Energy and Minerals Steering Committee (IEMSC) would meet to discuss the proposed time frames. IEMSC is a committee within Interior that includes senior managers from BIA, BLM, and other agencies with a focus on Indian trust energy and mineral policies and issues. As of February 2020, we were told that BIA officials are still working collaboratively with BLM officials to fully address our recommendation, and that they may be able to provide documentation in April 2020.