IA00010525 BIA-OTS and USGS National Climate Adaptation Science Center_SignedDBIA7.12.2021 DA signed (002).pdf

Memorandum of Agreement Between the

Bureau of Indian Affairs, Office of Trust Services and

U.S. Geological Survey, National Climate Adaptation Science Center for

Cooperative Staffing of

Tribal Climate Resilience Liaison Positions

I. Introduction

The impacts of climate change are affecting communities, natural resources, ecosystems, economies, and public health across the Nation. These impacts are increasingly evident for federally recognized tribes and in some cases, threatening the ability of tribal nations to carry on their cultural traditions and beliefs. Some of these tribal nations are even facing decisions to relocate from their current communities and ancestral lands. Tribal leaders and representatives have identified needs for increased capacity to (l) liaise and coordinate with tribes and across the Federal Government regarding tribal climate science and adaptation planning needs; (2) expand climate knowledge and provide support and training on climate adaptation planning and implementation; (3) enhance tribal participation in climate-related “communities of practice” coordinating information exchanges; (4) develop science and tools to meet tribal needs; and (5) cultivate the next generation of tribal climate experts.

In accordance with the government-to-government relationship that exists with tribes, the Bureau of Indian Affairs (BIA) Office of Trust Services (OTS), in cooperation with the U.S. Geological Survey (USGS) Climate Adaptation Science Centers (CASC), are committed to supporting the science and technical needs of tribes by continuing support of the tribal climate resilience liaison positions.

Tribal Climate Resilience Liaisons at the regional Climate Adaptation Science Centers will continue to enable information exchanges that improve the identification of regional tribal science needs and training needs, improve climate adaptation planning support, and improve the ability of the diverse Federal agencies involved in supporting tribal efforts to address climate challenges and coordinate with tribes to address those challenges.

This Memorandum of Agreement (MOA) is a commitment by the BIA and the USGS to work together to support tribes as they address individual and collective climate challenges.

II. Purpose

The purpose of this MOA is to ensure effective collaboration, coordination and development of relevant information on climate impacts to natural and cultural resources, and provide adaptation science and technical support to Tribal nations and BIA. This MOA affirms the continued need for tribally focused climate research capacity and dedicated positions to address regional planning and training coordination. This should be carried out in alignment with partners addressing similar regional impacts, together with Tribal nations who may choose to bring Traditional Ecological Knowledge to the effort. This overall effort will continue to improve the efficiency and speed with which tribal staff are able to identify threats and plan climate adaptation actions in response to such threats.

III. Scope and Authority

The MOA is intended to formalize an operational relationship between the BIA and the USGS for the explicit benefit of federally recognized Indian tribes and consortiums, and tribal colleges and universities. This MOA updates the previous 5-year MOA that extended from 12/2014 through 12/2019.

The BIA enters into this MOA under the general authority of 25 U.S.C. § 2, and the Snyder Act, 25 U.S.C. § 13, as amended.

The USGS CASC enters into this MOA under the authority of the USGS Organic Act, 43 USC 31, permitting the USGS to conduct surveys, investigations, and research; and 43 USC 36c, authorizing the USGS to prosecute projects in cooperation with other agencies, Federal, State, and private.

IV. Terms

This MOA will take effect on the date of the last signature and will continue in effect for five years. Either party to the MOA may terminate their participation in the MOA by providing 90 days advance written notice to the other party of the MOA for any reason including the lack of funding, a reduction of workload, or other relevant factors. In the event this MOA is terminated, each party shall be solely responsible for the payment of any expenses it has incurred.

This MOA may be renewed, amended, or extended by written mutual agreement.

V. The BIA Agrees to:

1. Use cooperative agreements to fill the positions through partnering with regional or national tribal organizations that serve federally recognized tribes. Liaisons will be placed in each of the CASCs. BIA reserves the option of using BIA staff in the same role. BIA or the tribal organizations will establish Tribal Climate Resilience Liaison positions, recruit and fill the positions, and directly supervise the incumbents including the responsibility for: time and attendance, approval of leave, evaluation of performance (in coordination with respective CASC Center Director), etc. By “tribal organization” we mean non-governmental, non-profit tribal organizations and tribally controlled colleges and universities.

2. Implement the selection process for the tribal organizations responsible for tribal liaison positions. The selection process will be a consensus decision with the relevant CASC Center Director.

3. Provide feedback and recommendations on the top candidates being considered by each tribal organization prior to final selection, after initial reviews and ranking by the tribal organization and regional CASC. The recommendations will be based on qualifications regarding regional or applicable national experience, capability of providing strategic engagement, climate research, and tribal technical support to tribes in the respective region. If the BIA fills the positions with BIA staff, they will coordinate with the respective CASC director regarding the final selection for the liaison position.

4. Ensure employee development and training, ensure resources for a computer, other individual office equipment and administrative support services for the positions.

Administrative services will include: time keeping, travel arrangements and travel vouchers, access to services, etc. BIA will fund training for the liaisons that will include professional development. Note: Office space is provided by the CASC at no cost to BIA or the tribal organization (see VI.2).

5. Include funding for the positions in budget requests, including support and travel costs, unless the USGS is otherwise notified in advance. In the event of BIA funding shortfalls, the USGS is not expected to support these positions.

6. Provide feedback and recommendations to the CASCs and tribal organization on the annual goals and objectives for the liaison position in relation to the strategic tribal engagement and research objectives of the CASC and tribes within the CASC service area (in proportion to the allocation of the employee's duties between research work and technical support) the CASCs and tribal organizations will work to develop appropriate work plan based on regional needs. Technical support includes strategic engagement activities.

7. Establish and facilitate regular meetings between BIA, CASC Center Director, Tribal

Climate Resilience Liaison, and the responsible tribal organizations to ensure effective working relationships among all parties. This includes regular meetings of the Climate Resilience Liaisons as a national network.

8. Ensure that the elements of this MOA are included in any and all cooperative agreement including, but not limited to Section VI.9, for tribal entities that may assume this position in cooperation with BIA.

VI. The USGS CASC Agrees to:

1. Incorporate the Tribal Climate Resilience Liaison into the assigned CASC team’s annual and periodic work planning, office teams (safety, property, etc., as appropriate), annual CASC network meetings, developmental assignments appropriate for employees of the same grade in the USGS (in consensus with the BIA and tribal organization), opportunities for tribal youth or student engagement, and include them as appropriate in CASC issues of tribal concern.

2. Provide office space and internet access in accordance with the standards of the

USGS employees housed at CASC Hosting universities or at USGS Science Centers.

3. Provide one member to a selection committee for the purpose of ranking applicants and recommending to the selecting official the best qualified candidate capable of providing strategic engagement, climate adaptation research, and tribal technical support to tribes with climate challenges similar to the bulk of the tribes within the boundaries of the CASC where they are stationed.

4. Collaborate with the tribal organization to provide annual assessments of the quality of services which contributes to the tribal liaison’s performance evaluation, BIA’s agreement with the tribal organization documentation, or other personnel action.

5. Participate, at the regional CASC level, in regular meetings with BIA, the Tribal

Resilience Liaison, and the responsible tribal organization to ensure effective working relationships among all parties.

6. Consult with appropriate BIA staff to resolve any concerns, issues or conflicts that may arise with respect to the performance of the liaison and/or the tribal organization.

7. The USGS may, at its discretion, provide research and/or travel funding to the BIA

Tribal Resilience Liaison who are co-investigators on CASC projects awarded to CASC consortium members.

8. The USGS may, at its discretion, provide funding to the BIA to support travel of tribal members to relevant workshops or meetings.

9. When engaging in CASC research activities Tribal Climate Resilience Liaisons will comply with the Department of the Interior scientific integrity policies (https://www.doi.gov/sites/doi.gov/files/elips/documents/305%20DM%203_%20Han dbook%20-%20Scientific%20Integrity%20Procedures.pdf), USGS Fundamental Science Practices (https://www.usgs.gov/about/organization/science-support/science-quality-and-integrity/policy-directives), and CASC data and project management policies (https://www.usgs.gov/ecosystems/climate-adaptation-science-centers/data-policy-and-guidance). Compliance with USGS Fundamental Science Practices includes following established procedures for review and USGS approval of all science information products when a USGS employee is a co-author (https://www.usgs.gov/about/organization/science-support/science-quality-and-integrity/procedures-and-guidelines and utilization of the USGS Information Product Data System.)

VII. Both Parties Agree To:

Comply with the guidelines in the position description as an outline for the role of the employee as well as the regional MOAs that will be established between USGS, BIA, and the selected tribal organizations. For these positions, the parties agree that the work plan is a mix of tribal research and technical support including coordination of climate adaptation planning, addressing training needs, developing responsive trainings, assessing tribal climate adaptation science needs, leading a CASC team for the development or implementation of a tribal engagement strategy, and other non-research tasks.

Vlll. Conflict Resolution:

Both parties enter this agreement with the intention to use a collaborative process with each other and the tribal organizations in establishing and implementing work plans with the Tribal Resilience Liaisons. Should conflict resolution be necessary, the parties agree to consult informally at the CASC level with the relevant CASC Center Director and/or Deputy Director and BIA regional staff. If these discussions are not successful, the parties agree to raise the issues to regional offices or headquarters, and if these discussions are not successful, to enlist the support of the Department’s Office of Collaborative Action and Dispute Resolution.

IX. Administrative Provisions:

This MOA defines the general terms upon which the parties will cooperate. Performance under the terms of this MOA is subject to the availability of appropriated funds and personnel resources through each party's respective funding procedures. This MOA is neither a fiscal nor a funds obligation document and, as such, does not constitute a financial commitment on the part of either party.

This MOA does not create an actual or implied intention, or requirement for the USGS to enter into a contract or an assistance agreement (e.g., grant or cooperative agreement).

Any endeavor or transfer anything of value involving reimbursement or contribution of funds between the parties will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement and printing.

Any such endeavors will be outlined in separate agreements.

X. MOA Approval:

Reviewed: Reviewed:

Rachael Novak Date Douglas Beard Date Climate Change Coordinator, Acting Chief BIA Office of Trust Services USGS Climate Adaptation Science Centers

Approved: Approved:

Darryl LaCounte Date David Applegate Date Director, Bureau of Indian Affairs Associate Director for Natural Hazards Exercising the Delegated Authority of the Director, U.S. Geological Survey