Recommendation: The Associate Commissioner of the Administration for Children and Families Children's Bureau within the Department of Health and Human Services should develop a process to assess the reliability of grantee performance information contained within annual performance reports for tribal recipients of its Stephanie Tubbs Jones Child Welfare Services Program. (Recommendation 1)

Agency: Department of Health and Human Services
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of the Department of the Interior's Bureau of Indian Education should take steps to alert grantees of the Native Language Immersion Cooperative Agreement when they are late in submitting performance reports. (Recommendation 2)

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

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of the Department of the Interior's Bureau of Indian Education should develop a process to assess the quality and reliability of a sample of grantee performance data for the Native Language Immersion Cooperative Agreement. (Recommendation 3)

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

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of BIE should establish consistent requirements for schools on making up missed special education and related services and monitor schools to ensure that they follow these requirements. (Recommendation 1)

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

Comments: BIE agreed with this recommendation. The agency acknowledges that it must refine the guidance provided by its special education subject matter experts to ensure that guidance on missed special education related services is consistent. They anticipate fully implementing reforms through formally published guidance to its special education professionals.

Recommendation: The Director of BIE should work with knowledgeable stakeholders in Indian education to establish a community of practice or other formal mechanism to identify and disseminate promising practices for schools—especially those in remote locations—on recruiting, hiring, and retaining special education teachers and contracting with providers. The Director of BIE could consider conferring with BIE's special education advisory committee, OSEP, and relevant tribal and state education officials in addressing this recommendation. (Recommendation 2)

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

Comments: BIE agreed with this recommendation. The agency plans to work collaboratively with all of its special education stakeholders to build on its internal human capital capabilities, Strategic Workforce Plan and other human capital improvements.

Recommendation: The Director of BIE should rescind the policy of its division overseeing tribally controlled schools that does not meet Interior's requirement to annually review all schools' documentation to verify the provision of services for every special education student, and ensure that all divisions comply with this requirement. (Recommendation 3)

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

Comments: BIE agreed with this recommendation. The agency is reviewing all of its special education policies and procedures and, as of May 2020, anticipates an updated, comprehensive special education policy and handbook in the coming months. This includes replacing the Tribally-Controlled School Division's 3-year review policy with an annual review. A first draft of the new special education handbook and policy is expected in the summer of 2020.

Recommendation: The Director of BIE should update the agency's workforce plan to include a strategy and timeframe for filling vacant staff positions responsible for overseeing and supporting schools' special education programs. (Recommendation 4)

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

Comments: BIE agreed with this recommendation and plans to update and expand its Strategic Workforce plan to include new function areas. They expect to update it in the coming months to include special education and Johnson O'Malley functions.

Recommendation: The Director of BIE should fully implement the agency's high-risk monitoring policy for IDEA and other federal education programs, including requirements for agency-wide coordination, and ensure that schools selected for such monitoring receive reports and technical assistance plans within 30 days of agency on-site visits, as required by BIE policy. (Recommendation 5)

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

Comments: BIE agreed with this recommendation. Based on lessons learned in its first two years of implementation, the agency plans to make targeted refinements to the policy and process of high-risk monitoring. Regarding the timeliness of report submission and technical assistance delivery, the agency began a targeted reform designed to address this structural weakness, namely, the need to centralize the administrative functions of its oversight activities. The newly established Performance Office will assume the administrative and management oversight of the high-risk fiscal monitoring policy and handbook, including the timely delivery of monitoring reports and technical assistance plans.

Recommendation: The Director of BIE should establish special education training requirements for staff in the agency's Education Resource Centers who are responsible for supporting and overseeing schools' special education programs, and ensure that staff complete those training requirements. (Recommendation 6)

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

Comments: BIE agreed with this recommendation. The agency will ensure that special education training and professional development requirements are identified as part of its planned Strategic Workforce Plan update and expansion.

Recommendation: The Director of BIE should take steps to ensure that all of the agency's Education Resource Centers conduct outreach with schools to inform them of their new roles in overseeing and supporting schools' special education programs under BIE's reorganization. (Recommendation 7)

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

Comments: BIE agreed with this recommendation. As BIE makes targeted reforms to improve the delivery of special education services, it will ensure that the roles and responsibilities of Education Resource Centers (ERC) are clearly identified and communicated to responsible BIE personnel. Specifically, as it updates and expands the Strategic Workforce Plan, it will clearly and directly define the role of ERC personnel with respect to special education services. In addition, as the new Performance Office establishes timely and routine technical assistance plans, the agency will operationalize the day-to-day engagement and outreach between ERC and school level personnel regarding special education related technical assistance.

Recommendation: As VA and IHS revise the MOU and related performance measures, the Secretary of Veterans Affairs should ensure these measures are consistent with the key attributes of successful performance measures, including having measurable targets. (Recommendation 1)

Agency: Department of Veterans Affairs
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of Veterans Affairs should, in consultation with IHS and tribes, establish and distribute a written policy or guidance on how referrals from IHS and Tribal Health Program (THP) facilities to VA facilities for specialty care can be managed. (Recommendation 2)

Agency: Department of Veterans Affairs
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: As VA and IHS revise the MOU and related performance measures, the Director of IHS should ensure these measures are consistent with the key attributes of successful performance measures, including having measurable targets. (Recommendation 3)

Agency: Department of Health and Human Services: Public Health Service: Indian Health Service
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

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.

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.

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.

Recommendation: The Secretary of Homeland Security should direct Homeland Security's members of the interagency working group for protection of Native American cultural property to implement selected leading collaboration practices, such as taking steps to agree on outcomes and objectives, clarify roles and responsibilities, and document these decisions. (Recommendation 1)

Agency: Department of Homeland Security
Status: Open

Comments: As of August 2019, we have reached out to the Department of Homeland Security and are awaiting a response on actions they may have taken in response to this recommendation.

Recommendation: The Secretary of the Interior should direct Interior's members of the interagency working group for protection of Native American cultural property to implement selected leading collaboration practices, such as taking steps to agree on outcomes and objectives, clarify roles and responsibilities, and document these decisions. (Recommendation 2)

Agency: Department of the Interior
Status: Open

Comments: Since August 2018, Interior's Office of International Affairs has updated its contact list for international repatriation assistance with information on the Department's roles and responsibilities in support of international repatriation. In addition, Interior's interagency working group members have developed a description of the interagency working group. However, the statement does not include outcomes and objectives for the group's work. GAO made the same recommendation to each of the four agencies covered in the review because implementing leading collaboration practices will require the collective participation of group members. GAO will keep the recommendation open until further collaborative actions are taken.

Recommendation: The Attorney General should direct Justice's members of the interagency working group for protection of Native American cultural property to implement selected leading collaboration practices, such as taking steps to agree on outcomes and objectives, clarify roles and responsibilities, and document these decisions. (Recommendation 3)

Agency: Department of Justice
Status: Open

Comments: As of August 2019, we have reached out to the Department of Justice and are awaiting a response on actions they may have taken in response to this recommendation.

Recommendation: The Secretary of State should direct State's members of the interagency working group for protection of Native American cultural property to implement selected leading collaboration practices, such as taking steps to agree on outcomes and objectives, clarify roles and responsibilities, and document these decisions. (Recommendation 4)

Agency: Department of State
Status: Open

Comments: Since August 2018, the Department of State shared a statement of its roles and responsibilities with other working group members. However, the statement does not include outcomes and objectives for the group's work. GAO made the same recommendation to each of the four agencies covered in the review because implementing leading collaboration practices will require the collective participation of group members. GAO will keep the recommendation open until further collaborative actions are taken.

Recommendation: The Secretary of Homeland Security should direct Homeland Security's members of the interagency working group for protection of Native American cultural property to identify and externally communicate to tribes points of contact within the agency that are responsible for responding to tribes' requests for assistance with repatriating cultural items from overseas auctions. (Recommendation 5)

Agency: Department of Homeland Security
Status: Open

Comments: As of August 2019, we have reached out to the Department of Homeland Security and are awaiting a response on actions they may have taken in response to this recommendation.

Recommendation: The Attorney General should direct Justice's members of the interagency working group for protection of Native American cultural property to identify and externally communicate to tribes points of contact within the agency that are responsible for responding to tribes' requests for assistance with repatriating cultural items from overseas auctions. (Recommendation 7)

Agency: Department of Justice
Status: Open

Comments: As of August 2019, we have reached out to the Department of Justice and are awaiting a response on actions they may have taken in response to this recommendation.

Recommendation: The Secretary of Homeland Security should direct Homeland Security's members of the interagency working group for protection of Native American cultural property to collaborate with the interagency working group members from other agencies to assess, in consultation with Indian tribes, whether and how amending the U.S. legal framework governing the export, theft, and trafficking of Native American cultural items would facilitate the repatriation of these items from auctions overseas and report its findings to Congress. (Recommendation 9)

Agency: Department of Homeland Security
Status: Open

Comments: As of August 2019, we have reached out to the Department of Homeland Security and are awaiting a response on actions they may have taken in response to this recommendation.

Recommendation: The Secretary of the Interior should direct Interior's members of the interagency working group for protection of Native American cultural property to collaborate with the interagency working group members from other agencies to assess, in consultation with Indian tribes, whether and how amending the U.S. legal framework governing the export, theft, and trafficking of Native American cultural items would facilitate the repatriation of these items from auctions overseas and report its findings to Congress. (Recommendation 10)

Agency: Department of the Interior
Status: Open

Comments: As of September 2019, Interior is working to develop an assessment of legislative options for discussion with the interagency working group, and plans to meet with tribes later this fall to discuss the assessment. Interior anticipates a September 30, 2020, completion date for the assessment of these legislative options. Interior has also reviewed legislative proposals related to the export, theft, and trafficking of Native American cultural items and has prepared for Congressional hearings on this topic.

Recommendation: The Attorney General should direct Justice's members of the interagency working group for protection of Native American cultural property to collaborate with the interagency working group members from other agencies to assess, in consultation with Indian tribes, whether and how amending the U.S. legal framework governing the export, theft, and trafficking of Native American cultural items would facilitate the repatriation of these items from auctions overseas and report its findings to Congress. (Recommendation 11)

Agency: Department of Justice
Status: Open

Comments: As of August 2019, we have reached out to the Department of Justice and are awaiting a response on actions they may have taken in response to this recommendation.

Recommendation: The Secretary of State should direct State's members of the interagency working group for protection of Native American cultural property to collaborate with the interagency working group members from other agencies to assess, in consultation with Indian tribes, whether and how amending the U.S. legal framework governing the export, theft, and trafficking of Native American cultural items would facilitate the repatriation of these items from auctions overseas and report its findings to Congress. (Recommendation 12)

Agency: Department of State
Status: Open

Comments: In November 2019, the Department of State, in conjunction with other interagency working group members, circulated a draft legal assessment and draft legislative options. The interagency working group members conducted a listening session with tribal members in November 2019, and conducted a tribal consultation in January 2020. GAO will continue monitoring the agencies' efforts toward implementing this recommendation.

Recommendation: The Director of IHS should implement a targeted, resource-efficient method to identify additional eligible Indian homes that may have existing deficiencies to include in IHS's Home Inventory Tracking System (HITS). (Recommendation 1)

Agency: Department of Health and Human Services: Public Health Service: Indian Health Service
Status: Open

Comments: In August 2018, IHS's Division of Sanitation Facilities Construction issued a memo to its Area Directors directing them to identify additional eligible Indian homes that may have existing deficiencies to include in HITS. The memo directed Area Offices to use existing staffing resources to leverage their annual efforts to gather sanitation needs data, in collaboration with tribes, to identify any additional homes. In December 2019, IHS officials stated that, as a result of implementing the 2018 memo, Area Directors had increased the number of eligible homes that they identified in 2019. We will continue to monitor the results of IHS's actions.

Recommendation: The Director of IHS should implement a mechanism to indicate in HITS whether each home with a deficiency level of 0 has been assessed. (Recommendation 2)

Agency: Department of Health and Human Services: Public Health Service: Indian Health Service
Status: Open

Comments: As of December 2019, IHS had developed a mechanism in HITS to indicate whether a home currently classified as deficiency level (DL) 0 had been assessed. IHS stated that it has eliminated the category of DL 0 from HITS; in its place, it created a new category of "Pending Assessment" for those homes that are in HITS but that have not been assessed. IHS also came up with a way to prioritize the homes in the Pending Assessment category based on their eligibility to receive assistance from IHS. Homes currently in HITS that have a DL 0 and received service through the Sanitation Facilities Construction Program from 2015 through today will be reassigned a DL 1 to indicate the deficiencies are only associated with routine operations and maintenance. IHS stated that the changes to HITS have been implemented and shared a proposal of how it will distribute the former DL 0 homes across the new categories. We will evaluate IHS's actions after they are complete.

Recommendation: The Director of IHS should reassess the point distribution across the Sanitation Deficiency System scoring factors as part of its program guidelines update, in light of trade-offs between funding projects that address the most severe sanitation deficiencies and projects that meet other needs. (Recommendation 3)

Agency: Department of Health and Human Services: Public Health Service: Indian Health Service
Status: Open

Comments: As part of its reassessment of the point distribution across the scoring factors, in 2018 and 2019 IHS consulted with tribes and analyzed various options for changing the point distribution. We have asked IHS to provide additional information about its reassessment efforts. We will evaluate IHS's actions after we receive the additional information.

Recommendation: The Assistant to the Secretary of Agriculture for Rural Development should implement a scoring factor that awards points for proposed Native American program grant projects that address health risks from a lack of access to safe drinking water and wastewater disposal, as it does with the Colonias grant program. (Recommendation 4)

Agency: Department of Agriculture
Status: Open

Comments: As of January 2020, USDA stated it would prefer to use its discretionary points under its existing regulations to implement this scoring factor instead of making a regulation change to do so. USDA stated that using existing flexibility in the regulations could meet the intent of the recommendation more quickly than by permanently changing the regulation. USDA stated that it has established policy guidance to states that addresses scoring for projects with health and sanitation risks. We will monitor the actions that USDA has taken in response to this recommendation and evaluate them when complete.

Recommendation: The Director of IHS, in cooperation with other members of the tribal infrastructure task force, should review the 2011 task force report and identify and implement additional actions to help increase the task force's collaboration at the national level. (Recommendation 7)

Agency: Department of Health and Human Services: Public Health Service: Indian Health Service
Status: Open

Comments: As of December 2019, IHS had reviewed the 2011 task force report and summarized actions taken and challenges associated with implementing the remaining recommendations. IHS stated that it anticipated discussing its summary with the other members at a future tribal infrastructure task force meeting. We will evaluate IHS's actions when they are complete.

Recommendation: The Administrator of EPA, in cooperation with other members of the tribal infrastructure task force, should review the 2011 task force report and identify and implement additional actions to help increase the task force's collaboration at the national level. (Recommendation 8)

Agency: Environmental Protection Agency
Status: Open

Comments: As of June 2020, EPA had discussed the 2011 task force report with the other member agencies to identify and implement additional actions to increase collaboration at the national level. EPA published a summary matrix of relevant funding sources on the task force website and compiled a draft document summarizing actions the task force member agencies have taken to implement recommendations from the 2011 report. We will continue to monitor EPA's actions in response to this recommendation.

Recommendation: The Assistant to the Secretary of Agriculture for Rural Development, in cooperation with other members of the tribal infrastructure task force, should review the 2011 task force report and identify and implement additional actions to help increase the task force's collaboration at the national level. (Recommendation 9)

Agency: Department of Agriculture
Status: Open

Comments: In July 2019, the task force member agencies met to discuss the status of the recommendations in the 2011 task force report. The agencies each agreed to compile information about the actions they had taken and consider new actions in 2020. USDA stated in December 2018 that the task force agencies had made progress in developing efficiencies in environmental review processes and with online tribal resources and training, in addition to other areas. We will evaluate USDA's actions after the task force has compiled all actions taken in response to the 2011 report and evaluated what further actions or responses should be conducted.

Recommendation: The Deputy Assistant Secretary of the Department of Housing and Urban Development's Office of Native American Programs, in cooperation with other members of the tribal infrastructure task force, should review the 2011 task force report and identify and implement additional actions to help increase the task force's collaboration at the national level. (Recommendation 10)

Agency: Department of Housing and Urban Development
Status: Open

Comments: As of December 2019, the task force members had agreed to jointly consider the actions they have taken from the 2011 report and to discuss additional actions they could take to increase collaboration at the national level. We will evaluate HUD's actions once they are complete.

Recommendation: The Commissioner of Reclamation, in cooperation with other members of the tribal infrastructure task force, should review the 2011 task force report and identify and implement additional actions to help increase the task force's collaboration at the national level. (Recommendation 11)

Agency: Department of the Interior: Bureau of Reclamation
Status: Open

Comments: In April 2018, Reclamation met with other members of the task force and the agencies reviewed and discussed the 2011 task force report recommendations. As of December 2019, the task force members had agreed to jointly consider the actions they have taken from the 2011 report and to discuss additional actions they could take to increase collaboration at the national level. We will evaluate the agency's actions once they are complete.

Recommendation: The Director of IHS, in cooperation with other members of the tribal infrastructure task force, should direct IHS area offices to identify and pursue additional mechanisms to increase their collaboration. (Recommendation 12)

Agency: Department of Health and Human Services: Public Health Service: Indian Health Service
Status: Open

Comments: As of December 2019, IHS headquarters hosted a meeting that included staff from IHS Areas, EPA headquarters, and EPA regions to discuss additional mechanisms to increase collaboration, including best practices for identifying projects for joint funding collaborations. In addition, IHS and the other tribal infrastructure task force members agreed to jointly draft a memo for distribution to their field offices that would include contact information for other member agencies and encourage interagency coordination. We will evaluate IHS's remaining actions to satisfy this recommendation when they are complete.

Recommendation: The Assistant to the Secretary of Agriculture for Rural Development, in cooperation with other members of the tribal infrastructure task force, should direct USDA state offices to identify and pursue additional mechanisms to increase their collaboration. (Recommendation 13)

Agency: Department of Agriculture
Status: Open

Comments: In December 2018, USDA stated that it would send a memo to its state directors and program directors encouraging them to coordinate with tribal governments, IHS, EPA, and other members of the tribal infrastructure task force on funding infrastructure projects. As of December 2019, task force members had drafted a joint memo to distribute to their field offices encouraging additional coordination. We will evaluate USDA's actions in response to this recommendation once they are complete.

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.

Recommendation: To help ensure that NTTFI is able to provide quality information to support management and program oversight efforts, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to coordinate with the Federal Highway Administration and tribal stakeholders and reexamine the need for road-description and condition data currently collected in the NTTFI and eliminate fields that do not serve an identified purpose.

Agency: Department of the Interior
Status: Open

Comments: In June 2019, Interior reported that the Bureau of Indian Affairs' (BIA) and Federal Highway Administration's (FHWA) efforts to coordinate with tribes and the Tribal Transportation Program Coordinating Committee (TTPCC) to address this recommendation were progressing. Established by federal regulations, TTPCC is the committee comprised of 24 tribal representatives that provides input and makes recommendations to the BIA and FHWA. According to Interior, TTPCC has identified data elements--14 of 54 data fields--to be considered for removal from NTTFI, and BIA and FHWA have held discussions with tribes concerning a draft plan to remove these identified data elements from NTTFI. Interior reported that tribal groups have posed no objections to the plan and that they anticipate the plan being implemented later in the year. We will continue to monitor actions to address this recommendation.

Recommendation: To help ensure that NTTFI is able to provide quality information to support management and program oversight efforts, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to for fields determined to have continued relevance for management and program oversight take steps to improve the quality of these data by clarifying guidance in the NTTFI coding guide that tribes use to collect data and by providing additional guidance on steps needed to ensure that data are consistently reported.

Agency: Department of the Interior
Status: Open

Comments: In June 2019, Interior reported that a group of tribal users organized by the Bureau of Indian Affairs (BIA) and the Federal Highway Administration (FHWA) to review the NTTFI and the coding guide was progressing in its efforts to recommend updates to the coding guide. According to Interior, the group has made recommendations to the Tribal Transportation Program Coordinating Committee (TTPCC) on which data elements to remove from the NTTFI and for clarifying guidance in the coding guide, relevant to the data elements proposed to remain in the NTTFI. Interior anticipates that updates to the coding guide based on the group's recommendations will be completed in 2019. We will continue to monitor actions to address this recommendation.

Recommendation: To help ensure that NTTFI is able to provide quality information to support management and program oversight efforts, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to establish a process to monitor data to facilitate timely and targeted corrections to missing or erroneous data.

Agency: Department of the Interior
Status: Open

Comments: Interior told us that, along with the Bureau of Indian Affairs (BIA) and Federal Highway Administration (FHWA), it has held several meetings with tribal users to identify missing or erroneous data in the NTTFI. For example, the meeting participants identified that data which were formerly but are no longer used in formulas to allocate federal funding to tribes are likely outdated and not useful. Further, recognizing that approximately 70 percent of NTTFI data reflects inventory and condition information of roads owned by non-BIA and non-tribal entities, such as state and local governments, the meeting participants determined that opportunities exist to work with these external entities to monitor data obtained from them to ensure that it is current and accurate for use and display in the NTTFI. As of June 2019, Interior said that, in anticipation of changes to the NTTFI format, its main actions to address this recommendation will be to coordinate with these external entities to monitor the data they provide to NTTFI to ensure it conforms to NTTFI's new format. We will continue to monitor actions to address this recommendation.

Recommendation: To improve the DMR, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to develop a means to document when the level of service for each road section was last evaluated.

Agency: Department of the Interior
Status: Open

Comments: In June 2019 Interior reported that BIA had developed a data reporting process that incorporates use of a "time-stamp" to indicate when the level of service for a road section is evaluated. Interior said that it anticipates providing guidance on this process to BIA staff, tribes, and others that perform level of service road maintenance assessments so that they can implement the process in 2020. We will continue to monitor efforts to implement this recommendation.

Recommendation: To improve the DMR, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to develop and maintain documentation supporting the unit costs of maintenance used to estimate maintenance needs.

Agency: Department of the Interior
Status: Open

Comments: In June 2019 Interior reported that the Bureau of Indian Affairs (BIA) had surveyed tribes to determine their capabilities for managing data related to road maintenance costs. Interior further reported that BIA was investigating the use of computer software for tracking road maintenance costs and developing estimates of maintenance needs. Interior said that it expects to complete actions to implement this recommendation in 2020. We will continue to monitor actions to address this recommendation.

Recommendation: To improve the DMR, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to develop a process for more complete and accurate reporting occurring under existing authority of Road Maintenance Program funds expended for performed maintenance on BIA roads.

Agency: Department of the Interior
Status: Open

Comments: In its official comments on our report, Interior said that that it cannot reasonably accomplish this recommendation because, in reference to the tribes which have agreements with the Bureau of Indian Affairs (BIA) to maintain BIA roads in their area, it conflicts with the intent of federal law and the minimum-reporting requirements when a tribal entity takes over the day-to-day actions and tasks of a program. However, following our report's issuance, Interior told us that its actions to address other recommendations will assist the tribes in developing data on Road Maintenance Program (RMP) funds expended for performed maintenance on BIA roads. In addition, Interior said that tribes have expressed interest in gathering this data. Further, in June 2019, Interior reported that the Tribal-Interior Budget Council had approved a plan for a pilot project in the BIA Great Plains Region to gather data relevant to addressing this recommendation. Even though tribal reporting of this data is voluntary, we continue to believe that by coordinating with affected tribes on developing a process for their self-reporting of RMP funds expended for maintenance, and by implementing such a process for tribes that BIA serves directly, Interior could improve the reporting of maintenance performed on BIA roads and be better positioned to provide Congress with more accurate and complete information on RMP funding decisions. We will continue to monitor actions to address this recommendation.

Recommendation: To best align resources allocation decisions to needs, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to review the formula to fund transportation at BIE schools and determine, with BIA and tribal stakeholders, what adjustments, such as distinguishing between gravel and paved roads, are needed to better reflect transportation costs for schools.

Agency: Department of the Interior
Status: Open

Comments: At the time of our report, Interior said that it concurred with this recommendation; however, it subsequently changed its position. Interior noted that its tribal and school partners have not requested changes to this formula and that it was therefore not compelled to undertake the rigorous consultation and negotiated rulemaking actions that would be needed to change the formula. As of June 2019, Interior has not acted to address this recommendation.

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.

Recommendation: To help improve tribes' ability to maintain safe, stable, and permanent care for children, the Secretary of Health and Human Services should direct the Children's Bureau to explore the reasons for low tribal participation and identify actions to increase this participation in the title IV-E Guardianship Assistance Program.

Agency: Department of Health and Human Services
Status: Open

Comments: HHS agreed with this recommendation. HHS reported that it would take several actions: 1) task the Tribal Workgroup with identifying reasons for low tribal participation in GAP and identifying actions to increase participation in GAP; 2) improve its website offerings on Tribal IV-E, including providing the briefing materials as well direct IV-E and pass-through related products created by the CB Central and Regional Offices and the Capacity Building Center for Tribes; 3) improve coordination with non-governmental organizations that provide technical assistance and direct outreach to tribes for Title IV-E; and 4) encourage states to work with tribes on GAP. HHS noted that some states have already developed GAP frequently asked questions, practice guides, and other GAP support products to raise awareness and engage tribal interest in GAP. GAO awaits documentation that these actions have been completed. The agency also hopes to host a national tribal consultation to solicit feedback and determine priorities to address tribal participation in GAP; and develop a strategy for serving tribes interested in and implementing IV-E, including GAP, to be posted on the website. GAO will close this recommendation when the agency shows that these efforts have been completed.

Recommendation: To ensure consistent implementation of the Buy Indian Act procurement authority across the agencies and to enhance oversight of implementation of the Act at regional offices, the Secretaries of the Interior and Health and Human Services should direct the Bureau of Indian Affairs and Indian Health Service respectively, to clarify and codify their policies related to the priority for use of the Buy Indian Act, including whether the Buy Indian Act should be used before other set-aside programs.

Agency: Department of Health and Human Services
Status: Open

Comments: The Department of Health and Human Services concurred with this recommendation. The Indian Health Service (IHS) informed GAO that in order to clarify and codify the policies related to priority for use of the Buy Indian Act, formal rulemaking was required. IHS published the intent to promulgate the regulation in the Fall 2019 and Spring 2020 Unified Agendas. According to IHS officials, the timeline for completion of the new regulation is December 31, 2020.

Recommendation: To ensure consistent implementation of the Buy Indian Act procurement authority across the agencies and to enhance oversight of implementation of the Act at regional offices, the Secretaries of the Interior and Health and Human Services should direct the Bureau of Indian Affairs and Indian Health Service respectively, to collect data on regional offices' implementation of key requirements, such as challenges to self-certification.

Agency: Department of Health and Human Services
Status: Open

Comments: The Department of Health and Human Services concurred with this recommendation. The Indian Health Service (IHS) informed GAO that in order to clarify and codify policies related to priority for use of the Buy Indian Act, formal rulemaking was required. IHS published the intent to promulgate the regulation in the Fall 2019 and Spring 2020 Unified Agendas. Further, the officials stated that once the new Buy Indian regulation is promulgated, IHS plans to identify a plan to collect data on area office implementation of key policy requirements, including monitoring authentication of contractor credentials. According to IHS officials, due to limitations within the Federal Procurement Data System- Next Generation IHS is unable to collect the necessary data until the rule is promulgated.

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.

Recommendation: To develop an estimate of the scope of work remaining to address uranium contamination on or near the Navajo reservation, Congress should consider requiring that the Environmental Protection Agency take the lead and work with the other federal agencies to develop an overall estimate of the remaining scope of the work, time frames, and costs.

Agency: Congress
Status: Open

Comments: As of September 2020, we are not aware of any legislation being enacted to address this matter for congressional consideration.

Recommendation: In light of the problems BIA has encountered in managing the cleanup at the Tuba City Dump site, the Secretary of the Interior should direct the Assistant Secretary for Indian Affairs to employ best practices in creating the schedule and cost estimates for the remedial action cleanup phase.

Agency: Department of the Interior
Status: Open

Comments: As of September 2020, BIA and EPA had selected a cleanup option for Tuba City Dump, but BIA had not created schedule or cost estimates for the cleanup action. BIA stated it anticipated completing the cleanup design, which will include cost and schedule estimates, by September 2022. GAO will assess BIA's actions once they are complete.

Recommendation: In light of the problems BIA has encountered in managing the cleanup at the Tuba City Dump site, the Secretary of the Interior should direct the Assistant Secretary for Indian Affairs to identify and examine any lessons learned from managing the remedial investigation and feasibility study contract and consider these lessons as part of the acquisition planning process for the remedial action contract.

Agency: Department of the Interior
Status: Open

Comments: As of September 2020, BIA and EPA had selected a cleanup option for Tuba City Dump, but BIA had not initiated the acquisition planning process for the future cleanup contract. BIA stated it anticipated completing the cleanup design work, including the acquisition package, by September 2022. GAO will assess BIA's actions once they are complete.

Recommendation: To increase consistency and reduce time and predevelopment cost for NAHASDA grant recipients, an interagency effort similar to that of the federal infrastructure task force but specific to tribal housing should be initiated with participants from the Indian Health Service, HUD, Department of the Interior, and the U.S. Department of Agriculture to develop and implement a coordinated environmental review process for all agencies overseeing tribal housing development. In addition, the agencies should determine if it would be appropriate to designate a lead agency in this effort.

Agency: Department of Agriculture
Status: Open

Comments: In September 2017, HUD provided us with documentation that an interagency Coordinated Environmental Review Process Workgroup was formed and included representatives from HUD, the Council on Environmental Quality (CEQ), USDA, Department of Commerce, Department of Energy, Environmental Protection Agency, HHS, Interior, and the Department of Transportation. The workgroup focused on identifying measures that could be taken to coordinate agencies' environmental review processes within the existing framework, and in December 2015, presented 12 recommendations in a final report. The recommendations included developing common categorical exclusions; providing training for agency staff and tribes; continuing review of related environmental laws and authorities to identify opportunities for greater efficiencies; creating regional consortiums; and establishing an ongoing environmental review interagency workgroup. In addition, the workgroup developed a draft implementation plan, and drafted a Memorandum of Understanding whose stated purpose is "to further the shared goals of the parties to ensure comprehensive NEPA environmental reviews while facilitating access to federal assistance for housing and housing-related infrastructure projects in Indian Country involving multiple agencies by avoiding duplication of analyses and ensuring efficient environmental review processes for both tribes and agencies". In December 2018, HHS notified GAO that the final draft implementation plan remained under review by members of the interagency workgroup.

Recommendation: To increase consistency and reduce time and predevelopment cost for NAHASDA grant recipients, an interagency effort similar to that of the federal infrastructure task force but specific to tribal housing should be initiated with participants from the Indian Health Service, HUD, Department of the Interior, and the U.S. Department of Agriculture to develop and implement a coordinated environmental review process for all agencies overseeing tribal housing development. In addition, the agencies should determine if it would be appropriate to designate a lead agency in this effort.

Agency: Indian Health Service
Status: Open

Comments: In September 2017, HUD provided us with documentation that an interagency Coordinated Environmental Review Process Workgroup was formed and included representatives from HUD, the Council on Environmental Quality (CEQ), USDA, Department of Commerce, Department of Energy, Environmental Protection Agency, HHS, Interior, and the Department of Transportation. The workgroup focused on identifying measures that could be taken to coordinate agencies' environmental review processes within the existing framework, and in December 2015, presented 12 recommendations in a final report. The recommendations included developing common categorical exclusions; providing training for agency staff and tribes; continuing review of related environmental laws and authorities to identify opportunities for greater efficiencies; creating regional consortiums; and establishing an ongoing environmental review interagency workgroup. In addition, the workgroup developed a draft implementation plan, and drafted a Memorandum of Understanding whose stated purpose is "to further the shared goals of the parties to ensure comprehensive NEPA environmental reviews while facilitating access to federal assistance for housing and housing-related infrastructure projects in Indian Country involving multiple agencies by avoiding duplication of analyses and ensuring efficient environmental review processes for both tribes and agencies". In December 2018, HHS notified GAO that the final draft implementation plan remained under review by members of the interagency workgroup.

Recommendation: To increase consistency and reduce time and predevelopment cost for NAHASDA grant recipients, an interagency effort similar to that of the federal infrastructure task force but specific to tribal housing should be initiated with participants from the Indian Health Service, HUD, Department of the Interior, and the U.S. Department of Agriculture to develop and implement a coordinated environmental review process for all agencies overseeing tribal housing development. In addition, the agencies should determine if it would be appropriate to designate a lead agency in this effort.

Agency: Department of Housing and Urban Development
Status: Open

Comments: In September 2017, HUD provided us with documentation that an interagency Coordinated Environmental Review Process Workgroup was formed and included representatives from HUD, the Council on Environmental Quality (CEQ), USDA, Department of Commerce, Department of Energy, Environmental Protection Agency, HHS, Interior, and the Department of Transportation. The workgroup focused on identifying measures that could be taken to coordinate agencies' environmental review processes within the existing framework, and in December 2015, presented 12 recommendations in a final report. The recommendations included developing common categorical exclusions; providing training for agency staff and tribes; continuing review of related environmental laws and authorities to identify opportunities for greater efficiencies; creating regional consortiums; and establishing an ongoing environmental review interagency workgroup. In addition, the workgroup developed a draft implementation plan, and drafted a Memorandum of Understanding whose stated purpose is "to further the shared goals of the parties to ensure comprehensive NEPA environmental reviews while facilitating access to federal assistance for housing and housing-related infrastructure projects in Indian Country involving multiple agencies by avoiding duplication of analyses and ensuring efficient environmental review processes for both tribes and agencies". In December 2018, HHS notified GAO that the final draft implementation plan remained under review by members of the interagency workgroup.

Recommendation: To increase consistency and reduce time and predevelopment cost for NAHASDA grant recipients, an interagency effort similar to that of the federal infrastructure task force but specific to tribal housing should be initiated with participants from the Indian Health Service, HUD, Department of the Interior, and the U.S. Department of Agriculture to develop and implement a coordinated environmental review process for all agencies overseeing tribal housing development. In addition, the agencies should determine if it would be appropriate to designate a lead agency in this effort.

Agency: Department of the Interior
Status: Open

Comments: In September 2017, HUD provided us with documentation that an interagency Coordinated Environmental Review Process Workgroup was formed and included representatives from HUD, the Council on Environmental Quality (CEQ), USDA, Department of Commerce, Department of Energy, Environmental Protection Agency, HHS, Interior, and the Department of Transportation. The workgroup focused on identifying measures that could be taken to coordinate agencies' environmental review processes within the existing framework, and in December 2015, presented 12 recommendations in a final report. The recommendations included developing common categorical exclusions; providing training for agency staff and tribes; continuing review of related environmental laws and authorities to identify opportunities for greater efficiencies; creating regional consortiums; and establishing an ongoing environmental review interagency workgroup. In addition, the workgroup developed a draft implementation plan, and drafted a Memorandum of Understanding whose stated purpose is "to further the shared goals of the parties to ensure comprehensive NEPA environmental reviews while facilitating access to federal assistance for housing and housing-related infrastructure projects in Indian Country involving multiple agencies by avoiding duplication of analyses and ensuring efficient environmental review processes for both tribes and agencies". In December 2018, HHS notified GAO that the final draft implementation plan remained under review by members of the interagency workgroup.

Recommendation: In order to ensure an equitable allocation of CHS program funds, the Congress should consider requiring IHS to develop and use a new method to allocate all CHS program funds to account for variations across areas that would replace the existing base funding, annual adjustment, and program increase methodologies, notwithstanding any restrictions currently in federal law.

Agency: Congress
Status: Open

Comments: As of August 2019, Congress has not acted on this recommendation. We will update the status of this recommendation if Congress takes action.

Recommendation: Given the lack of information on IRD users and where property claimed under IRD is placed in service, Congress may wish to consider requiring IRS to collect information identifying which taxpayers use IRD and the reservation and/or address where they have placed the property into service. In deliberating additional requirements, Congress should weigh the need for more IRD information with the associated costs of collecting and analyzing the information as well as the effects on IRS's other priorities.

Agency: Congress
Status: Open

Comments: As of February 2020, we continue to monitor the issue.