IRA Section 80001 – Tribal Climate Resilience

Section 80001 of the IRA appropriates a total of $235 million to the Director of the Bureau of Indian Affairs (“BIA”). Of this, $220 million is set aside for Tribal climate resilience and adaptation programs, while $10 million is dedicated to fish hatchery operations and maintenance programs, and $5 million is appropriated to cover the administrative costs associated with these programs. The appropriated funds are available until September 30, 2031.

Tribes that fall below certain income or enrollment thresholds are designated “Small and Needy” by the BIA and receive supplemental federal funding. Section 80001 of the IRA specifies that its funding does not count towards the calculation of funds received by these Tribes for the purposes of the Small and Needy program.

Section 80001 also specifies that funds distributed under certain agreements between the federal government and Tribes or Tribal organizations known as self-determination contracts and self-governance compacts do not count towards the funds provided under the section 106 of the Indian Self-Determination and Education Act, 25 U.S.C. § 5325(a)-(b), which sets baseline funding requirements for these agreements.