Yukon Flats NWR Annual Funding Agreement

On April 29, 2004, the Department of the Interior approved an annual funding agreement (AFA) between the Council of Athabascan Tribal Governments (CATG) and the U.S. Fish and Wildlife Service (FWS) allowing the CATG to perform some of the FWS's work on the Yukon Flats National Wildlife Refuge (NWR) in Alaska during 2004-2005.

Background

Under the "Indian Self-Determination Act Amendments of 1994," Public Law 103-413 (also known as the "Tribal Self-Governance Act of 1994"), native tribes can enter into AFAs with agencies within the Department of the Interior (DOI), including the FWS. These AFAs authorize tribes "to plan, conduct, consolidate, and administer programs, services, functions and activities" administered by the DOI that are of special geographic, historical, or cultural significance to the participating Indian tribe requesting an agreement.

In Alaska, the Council of Athabascan Tribal Governments has negotiated an AFA with FWS to perform some of the FWS activities on Yukon Flats National Wildlife Refuge (NWR) during 2004-2005, including: (1) locating and marking public easements across private lands within the refuge boundary; (2) assisting with environmental education and outreach in local villages; (3) wildlife harvest monitoring; (4) moose population surveys; and (5) maintenance of government property on or near Fort Yukon. The agreement would be funded at $59,000. On March 17, 2004, NWRA sent a comment letter to Yukon Flats NWR Manager Ted Heuer expressing our concerns with the CATG AFA. Essentially, NWRA's letter stated that the Association does not support the proposed AFA because, in the face of an under-funded National Wildlife Refuge System (NWRS), the FWS must manage the System in the most cost-effective, efficient manner. This involves using a competitive bidding process in the selection of any contracting of FWS activities.

It is important to note that Public Law 103-413 allows for direct contracting between FWS and an Indian tribe, excluding any sort of competitive bidding process. We believe competitive bidding is an important way to use refuge funding wisely, and, while one or two refuge AFAs may not have a significant impact on funds, an increasing number of AFAs could prove to have considerable budget ramifications.

NWRA has expressed its strong belief that an agreement designed to transfer management authority over a refuge to a non-FWS entity is contrary to existing law and precedence. The Association has asserted that the administration of the NWRS is an inherently federal responsibility. According to the "Indian Self-Determination and Education Assistance Act" (ISDEAA), Public Law 93-638 (ISDEAA is the original law amended by Public Law 103-413), tribes cannot perform functions that are inherently federal. Unfortunately, what qualifies as "inherently federal" has not been clearly defined and continues to be the subject of much debate.

Much of the AFA process is closed to the public. In fact, aside from utilizing the Freedom of Information Act (FOIA), access to the AFA development process is limited until FWS issues a public notice announcing a public review period for a completed AFA, after an agreement has been reached between the Service and the tribe. After comments are received during the public review period, FWS and the tribe can either sign the agreement, modify it to address concerns or renew negotiations (there is no time limit on negotiations between FWS and tribes). Once an agreement is signed, the Secretary of the Interior sends the agreement to the U.S. House and Senate. If neither body objects to the AFA, it goes into effect 90 days after being received by Congress.

Although NWRA and other organizations have expressed opposition to the proposed AFA for CATG at Yukon Flats NWR, the agreement was approved and sent to the U.S. Congress by the Secretary of the Department of the Interior April 29, 2004. If there are no objections, the agreement goes into effect 90 days after it has been sent to Congress.

What you can do:

Contact U.S. Fish and Wildlife Service Director Steve Williams and your Senators and Representative about AFAs at national wildlife refuges and include these important points:

• The National Wildlife Refuge System is facing a tremendous funding crisis, including a $2 billion operations and maintenance backlog. Explain how this backlog is affecting your refuge.

• The Administration's request of $388 million for the National Wildlife Refuge System in FY05, a decrease from the FY04 level of $391.5, effectively cuts $16 million from the Refuge System budget.

• Insist that, because of the funding crisis facing refuges, any contract work performed on refuges by Native tribes or other entities other than the FWS, be awarded by way of a competitive bidding process rather than direct contracting authorized in the Indian Self-Determination and Education Assistance Act (Public Law 93-638).

• The FWS must manage the Refuge System in the most cost-effective, efficient manner possible, this involves using a competitive bidding process in the selection of any contracting of FWS activities.

• Urge close scrutiny of this and any future refuge AFAs, particularly in the areas of cost-effectiveness, adequate oversight and public input and the retention of all "inherently federal" activities by the FWS.

To contact Director Williams:

The Honorable Steve Williams
Director
U.S. Fish and Wildlife Service
U.S. Department of the Interior
1849 C Street, NW
Washington, DC 20240
Fax: (202) 208-6965

To find out who your Senators and Congressman are, go to http://www.visi.com/juan/congress/

Thank you! Please contact Michael Woodbridge, NWRA's Assistant Director of Government Affairs, if you have questions, at (202) 333-9075 or mwoodbridge@refugenet.org.