Oklahoma Self-Governance Coalition SG 101 Training Session April 17, 2009 Shawnee, Oklahoma Vickie Hanvey, CPA, MBA

1. Oklahoma Self-Governance CoalitionSG 101 Training SessionApril 17, 2009Shawnee, OklahomaVickie Hanvey, CPA, MBA

2. Self-Governance • Since time immemorial • Treaties are Nation-to-Nation contracts • Tribal governments entered into treaties prior to the formation of the U.S.

3. Treaties of the Cherokee Nation

4. Self-Governance • Cherokee Nation ceded over 81 million acres

5. Self-Governance In return, the federal government would protect and respect the Nation’s right to govern

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 “That from time immemorial the Cherokee nation have composed a sovereign and independent state, and in this character have been repeatedly recognized, and still stand recognized by the United States, in the various treaties subsisting between their nation and the United States.” Cherokee Nation vs. Georgia, 1831

9. Self-Governance “They (the Cherokees) have been admitted and treated as a people governed solely and exclusively by their own laws, usages, and customs within their own territory, claiming and exercising exclusive dominion over the same… still claiming absolute sovereignty and self government over what remained unsold.” Cherokee Nation vs. Georgia, 1831

10. Self-Governance “They (the Cherokees) have never been, by conquest, reduced to the situation of subjects to any conqueror, and thereby lost their separate national existence, and the rights of self government…” Cherokee Nation vs. Georgia, 1831

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

12. 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

13. 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 V Indian Health Service

14. Self-Governance (ISDEA) Advancement • Title IV Amendments • Provisions to ensure consistency between Title IV and Title V • Provisions to clarify statutory requirements governing construction-related matters • Provisions to clarify the terms for the assumption and administration of non-BIA programs • Title VII Other HHS Agencies • Feasibility of demonstration for Non-IHS • 2003 Study to Congress • Identifies 11 HHS programs could be included in demonstration

15. Self-Governance Allows the Nation to negotiate a single compact and funding agreement for all programs, services, functions and activities.

16. Self-Governance • Self-Governance allows tribes the flexibility to re-design programs and reallocate budgets to meet local needs

17. Self-Governance • OMB Circular A-87 still applies • Must be consistent with applicable law and regulations • Regulations can be waived upon request • Not required to follow Federal policy

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