Self Governance 101 2012 Self-Governance Conference New Orleans, LA Vickie Hanvey , CPA, MBA

1. Self Governance 1012012 Self-Governance ConferenceNew Orleans, LAVickie Hanvey, CPA, MBA

2. The Cherokee Nation existed before the United States and the State of Oklahoma. Self-Governance • GROUP OF CHEROKEES WHO VISITED LONDON IN 1762

3. Self-Governance Treaties- Nation-to-Nation agreements “A treaty is, in its nature, a contract between two nations…is carried into execution by the sovereign power of the respective parties to the instrument.” Chief Justice Marshall1829

4. Treaties of the Cherokee Nation

5. Self-Governance Cherokee Nation ceded 81 million acres of land between 1721 and 1835

6. Self-Governance • U.S. Constitution • recognizes Indian nations as governments • U.S. Supreme Court • has affirmed that Indian tribes retain their governmental powers unless specifically limited by law.

7. Self-Governance • Cherokee case law from the 1830’s forms the basis for the unique Federal/Tribal relationship today. • Cherokee Nation vs. Georgia • Worchester vs. Georgia • Chief Justice John Marshall • Tribes are “distinct, independent political communities, retaining their original natural rights.” • “domestic dependent Nation”

8. Self-Governance

9. Self-Governance Indian Self-Determination Policy recognizes the Indian governments’ rights to self-govern and administer their own programs and operations.

10. Self-Governance The Secretary is prohibited from waiving, modifying, or diminishing in any way the trust responsibility of the United States with respect to Indian tribes and individual Indians that exists under treaties, Executive orders, other laws, or court decisions.

11. Self-Governance Statutory Authority: • P.L. 93-638, as amended • 1975 ISDEA • 1987 Arizona Republic “Fraud in Indian Country” • 1988 Tribal Self-Governance Demonstration Project DOI • 1992 Demonstration Project extended to IHS • 1994 Authorization of SG as permanent option for DOI • 2000 Authorization of SG as permanent option for IHS

12. Self-Governance (ISDEA) Indian Self-Determination and Education Assistance Act Title I Indian Self-Determination Act Title II Indian Education Programs Title III Tribal Self-Governance Demonstration Act (repealed) Title IV Department of Interior (Title IV Amendments) Title V Indian Health Service (Title VI Other HHS Agencies)

13. Self-Governance Ability to negotiate a single compact and funding agreement for all PSFAs • FA: • PFSAs • More specific terms • Short term (1-3 years) • Compact: • Umbrella agreement • General terms • Long term

14. Self-Governance Tribal Self-Governance demands careful and ongoing assessment of the Tribal organization and its operations.

15. Self-Governance • Major components of an Ongoing Process • Planning • Negotiations • Implementation • Monitoring

16. Self-Governance • Approached ISDEA assumption in incremental steps • Gradually assumed federal programs & reallocated/redesigned federal “cookie cutter” programs into programs and services responsive to our unique, specific needs

17. Self-Governance Comments/Observations: • Acronyms • Develop a Resource Library • Develop a SG historical records system • Importance of coordination and networking with other Tribes (NCAI, NIHB, TSGAC, etc)

18. Self-Governance Comments/Observations: • Build a “Team” of experts (Legal, Financial, Programmatic, etc) • Maintain periodic analysis of Funding Tables, Payments, etc • Challenge information/responses from agencies • Resolution to issues can be a slow process