Self Governance 101Self Governance 101

2012 Self-Governance Conference2012 Self-Governance ConferenceNew Orleans, LANew Orleans, LA

Vickie Hanvey, CPA, MBAVickie Hanvey, CPA, MBA

The Cherokee Nation existed

before the United States and the

State of Oklahoma. •GROUP OF CHEROKEES WHO VISITED

LONDON IN 1762

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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

Treaties of the Cherokee NationTreaties of the Cherokee NationDate of Treaty Area in Acres

1721 1,678,720

Nov. 24, 1755 5,526,400

Oct. 14, 1768 544,000

Oct. 18, 1770 2,880,000

96,000

160,000

1772 6,486,400

279,680

220,800

June 1, 1773 672,000

May 17, 1775 14,464,000

1,696,000

May 20, 1777 1,312,640

July 20, 1777 2,824,960

1,126,400

May 31, 1783 1,056,000

Nov. 28, 1785 352,000

586,880

July 2, 1791 2,198,400

462,080

Date of Treaty Area in Acres

Oct. 2, 1798 609,280

375,680

Oct. 24, 1804 86,400

Oct. 25, 1805 695,040

Oct. 27, 1805 800

Jan. 7, 1806 3,372,160

Mar. 22, 1816 94,720

Sept. 14, 1816 2,194,560

2,560

July 8, 1817 373,120

1,541,120

Feb. 27, 1819 535,680

1,541,120

986,880

May 6, 1828 3,020,800

Dec. 29, 1835 949,760

4,609,280

1,611,520

711,680

July 19, 1866 1,233,920

Cherokee Nation ceded 81

million acres of land between

1721 and 1835

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• 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.

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• Cherokee case law from the 1830’s forms the basis for the unique Federal/Tribal relationship today.Cherokee Nation vs. GeorgiaWorchester vs. Georgia

• Chief Justice John MarshallTribes are “distinct, independent political communities, retaining their original natural rights.”“domestic dependent Nation”

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Hostile Federal Policy Friendly Federal Policy1730 Germ Warfare 1750 Great Britain Treaty

1770 Genocide by colonists and later Americans 1790 Civilization Program

1830 Removal1840 Rebuilding Cherokee Nation "Golden Age"

1860 American Civil War 1870 Reconstruction

1890 Allotment; Forced Assimilation 1908 Bureaucratic Imperialism by BIA

1930 Depression 1940 Reorganization

1950 Relocation1975 Self- Governance and Social Service Programs

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Indian Self-Determination Policy recognizes the Indian governments’

rights to self-govern and administer their own programs and operations.

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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.

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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

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(ISDEA) Indian Self-Determination and Education Assistance Act

Title I Indian Self-Determination ActTitle II Indian Education ProgramsTitle 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)

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Ability to negotiate a single compact and funding agreement for all PSFAs

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• FA:•PFSAs

•More specific terms

•Short term (1-3 years)

• Compact: •Umbrella agreement

•General terms

•Long term

•14

Tribal Self-Governance

demands careful and ongoing

assessment of the Tribal organization

and its operations.

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• Major components of an Ongoing Process

PlanningNegotiationsImplementationMonitoring

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• 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

Self-GovernanceSelf-GovernanceComments/Observations:

AcronymsDevelop a Resource LibraryDevelop a SG historical records systemImportance of coordination and networking with

other Tribes (NCAI, NIHB, TSGAC, etc)

Self-GovernanceSelf-GovernanceComments/Observations:

Build a “Team” of experts (Legal, Financial, Programmatic, etc)

Maintain periodic analysis of Funding Tables, Payments, etc

Challenge information/responses from agenciesResolution to issues can be a slow process