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Oklahoma Self-Governance Coalition SG 101 Training Session April 17, 2009 Shawnee, Oklahoma Vickie Hanvey, CPA, MBA Slide 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. Slide 3 Treaties of the Cherokee Nation Date of TreatyArea in Acres 17211,678,720 Nov. 24, 17555,526,400 Oct. 14, 1768544,000 Oct. 18, 17702,880,000 96,000 160,000 17726,486,400 279,680 220,800 June 1, 1773672,000 May 17, 177514,464,000 1,696,000 May 20, 17771,312,640 July 20, 17772,824,960 1,126,400 May 31, 17831,056,000 Nov. 28, 1785352,000 586,880 July 2, 17912,198,400 462,080 Date of TreatyArea in Acres Oct. 2, 1798609,280 375,680 Oct. 24, 180486,400 Oct. 25, 1805695,040 Oct. 27, 1805800 Jan. 7, 18063,372,160 Mar. 22, 181694,720 Sept. 14, 18162,194,560 2,560 July 8, 1817373,120 1,541,120 Feb. 27, 1819535,680 1,541,120 986,880 May 6, 18283,020,800 Dec. 29, 1835949,760 4,609,280 1,611,520 711,680 July 19, 18661,233,920 Slide 4 Self-Governance Cherokee Nation ceded over 81 million acres Slide 5 In return, the federal government would protect and respect the Nations right to govern Self-Governance Slide 6 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. Self-Governance Slide 7 Cherokee case law from the 1830s 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 Self-Governance Slide 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 Slide 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 Slide 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 Slide 11 Indian Self-Determination Policy recognizes the Indian governments rights to self-govern and administer their own programs and operations. Self-Governance Slide 12 Statutory Authority: P.L. 93-638, as amended 1975 ISDEA 1987Arizona Republic Fraud in Indian Country 1988Tribal Self-Governance Demonstration Project DOI 1992Demonstration Project extended to IHS 1994Authorization of SG as permanent option for DOI 2000Authorization of SG as permanent option for IHS Self-Governance Slide 13 (ISDEA) Indian Self-Determination and Education Assistance Act Title IIndian Self-Determination Act Title IIIndian Education Programs Title IIITribal Self-Governance Demonstration Act (repealed) Title IVDepartment of Interior Title V Indian Health Service Self-Governance Slide 14 (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 Self-Governance Slide 15 Allows the Nation to negotiate a single compact and funding agreement for all programs, services, functions and activities. Self-Governance Slide 16 Self-Governance allows tribes the flexibility to re-design programs and reallocate budgets to meet local needs Self-Governance Slide 17 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 Self-Governance Slide 18 Major components of an Ongoing Process Planning Negotiations Implementation Monitoring Self-Governance