December 12: 5 Things You Need to Know This Week

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Photo of the Week: What a smash! The NAFOA team met last week for our annual strategic planning retreat…we can’t promise no printers were harmed.

1. NAFOA INSTITUTE: WEBINAR: THE FAIR LABOR STANDARDS ACT AND EMPLOYEE VS. INDEPENDENT CONTRACTOR

Do you know how to make a proper determination between an employee and an independent contractor? There are multiple regulations managed by various governmental agencies at both the federal and state level.

Join us on Wednesday, December 14 at 2:00 PM Eastern Time for “The Fair Labor Standards Act and Employee Vs. Independent Contractor – Know the Rules, Avoid Serious DOL & IRS Penalties.”

In this webinar, you will learn to prepare your hiring staff to make proper determinations, correctly classify every worker, and avoid the fines and penalties that follow misclassification. Additionally, you will learn to establish clear policies and procedures to ensure you don’t become liable for back taxes, overtime pay, or injunction orders from the Department of Labor.


2. POLICY: SENATOR WARREN AND CONGRESSMAN KILMER UNVEIL “HONORING PROMISES TO NATIVE NATIONS ACT”

Last week, U.S. Senator Elizabeth Warren (D-Mass.) and Congressman Derek Kilmer (D-Wash.) unveiled the Honoring Promises to Native Nations Act. This bill would address chronic underfunding and barriers to sovereignty faced by Indian Country as a result of the federal government’s failures to meet its trust and treaty responsibilities. The legislation would hold the federal government accountable for honoring the country’s legal promises to Native peoples.

“Historical underfunding has continued to remain an issue for Indian Country. We need federal legislation that reaffirms our important nation-to-nation relationship with the federal government. We thank Senator Warren and Congressman Kilmer for their most recent legislation, The Honoring Promises to Native Nations Act, to address these critical issues,” says NAFOA Executive Director Rico Frais.


3. GRANTS: SSBCI TECHNICAL ASSISTANCE GRANT PROGRAM APPLICATION DEADLINE EXTENDED FOR TRIBAL GOVERNMENTS

The U.S. Department of the Treasury is extending the deadline for Tribal governments to submit their complete SSBCI Technical Assistance (TA) Grant Program applications to March 31, 2023, at 11:59 p.m. Eastern Time (ET).

Tribal governments that submitted a timely and complete SSBCI Capital Program application or were part of a timely and complete Tribal joint Capital Program application are eligible to submit or be part of a Tribal joint application for the TA Grant Program. A list of Capital Program applications Treasury has received corresponding to Tribal governments can be found on Treasury’s website.

Treasury seeks to support all Tribal governments that are interested in participating in SSBCI. Treasury will provide information and technical assistance on TA Grant Program applications to Tribal governments that submit questions to SSBCI_Information@treasury.gov


4. FROM THE NAFOA NAVIGATOR: HOW TRIBAL FACILITIES COULD BENEFIT FROM ISDEAA SECTION 105(L) LEASES

by Anita Shah, Partner, Moss Adams

Section 105(l) Leases of the Indian Self-Determination and Education Assistance Act (ISDEAA) allows Tribes and Tribal organizations (Tribes) to be compensated for costs incurred while carrying out their ISDEAA self-determination or self-governance at Tribal facilities. 

Tribes can enter into such facility cost agreements with the Bureau of Indian Affairs (BIA), Bureau of Indian Education (BIE), and Indian Health Services (IHS), when those facilities are used to carry out programs, services, functions, and activities (PFSAs contracts).

If your Tribe uses its own facility, regardless of whether you hold the title, have a leasehold interest, or have a trust interest in the facility to operate BIA, IHS, and BIE programs, you have substantial incentive to negotiate a 105(l) lease agreement.


5. JOBS: POKAGON BAND OF POTAWATOMI INDIANS, REQUEST FOR PROPOSALS: ASSESSMENT OF DEPARTMENT OF FINANCE

The Pokagon Band of Potawatomi Indians is seeking an experienced individual or firm to conduct a comprehensive operational assessment of its Department of Finance’s operation and management.  The Assessment will assist the Pokagon Band with:

  • Determining a “roadmap” to ensure the Department proactively manages its critical functions in a way that supports a high-performing environment characterized by excellence and other core values of the Pokagon Band.
  • Maximizing stewardship and transparency of public resources and assets through the Department.
  • Ensuring the Department and the services it provides are aligned with best practices, growth of community services and programs, and technology.
  • Enhancing employee engagement as it relates to the Department structure.

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NAFOA Announces Former Yurok Tribal Leader Susan Masten As Interim Executive Director

NAFOA, founded as the Native American Finance Officers Association, names former Yurok Tribal Leader Susan Masten as its interim executive director effective today, June 1, 2023. She was appointed to the position by the NAFOA Board of Directors. As interim executive director, Masten will be responsible for managing the day-to-day operations of the organization, as well as leading its strategic direction.

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