Self Governance 101
2012 Self-Governance Conference
New Orleans, LA
Vickie Hanvey, CPA, MBA
Self-Governance
The Cherokee
Nation existed
before the United
States and the
State of
Oklahoma.
•GROUP OF CHEROKEES WHO VISITED
LONDON IN 1762
Self-Governance
TreatiesNation-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 Nation
Date of Treaty
Area in Acres
Date of Treaty
Oct. 2, 1798
Area in Acres
609,280
1721
1,678,720
Nov. 24, 1755
5,526,400
Oct. 14, 1768
544,000
Oct. 24, 1804
86,400
Oct. 18, 1770
2,880,000
Oct. 25, 1805
695,040
96,000
Oct. 27, 1805
800
160,000
Jan. 7, 1806
1772
6,486,400
279,680
375,680
Mar. 22, 1816
Sept. 14, 1816
672,000
May 17, 1775
14,464,000
1,696,000
94,720
2,194,560
2,560
220,800
June 1, 1773
3,372,160
July 8, 1817
373,120
1,541,120
Feb. 27, 1819
535,680
May 20, 1777
1,312,640
1,541,120
July 20, 1777
2,824,960
986,880
1,126,400
May 6, 1828
May 31, 1783
1,056,000
Dec. 29, 1835
Nov. 28, 1785
352,000
4,609,280
586,880
1,611,520
2,198,400
711,680
July 2, 1791
462,080
July 19, 1866
3,020,800
949,760
1,233,920
Self-Governance
Cherokee Nation
ceded 81
million acres of
land between
1721 and 1835
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.
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”
Self-Governance
Hostile Federal Policy
Friendly Federal Policy
1730 Germ Warfare
1750 Great Britain Treaty
1770 Genocide by colonists and later
Americans
1790 Civilization Program
1830 Removal
1840 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 Relocation
1975 Self- Governance and Social Service
Programs
Self-Governance
Indian Self-Determination Policy
recognizes the Indian governments’
rights to self-govern and administer
their own programs and operations.
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.
Self-Governance
Statutory Authority:
• P.L. 93-638, as amended
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

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1975
1987
1988
1992
1994
2000
ISDEA
Arizona Republic “Fraud in Indian Country”
Tribal Self-Governance Demonstration Project DOI
Demonstration Project extended to IHS
Authorization of SG as permanent option for DOI
Authorization of SG as permanent option for IHS
Self-Governance
(ISDEA) Indian Self-Determination and Education Assistance Act
Title I
Title II
Title III
Title IV
Title V
Indian Self-Determination Act
Indian Education Programs
Tribal Self-Governance Demonstration Act (repealed)
Department of Interior
(Title IV Amendments)
Indian Health Service
(Title VI Other HHS Agencies)
Self-Governance
Ability to negotiate a single compact and
funding agreement for all PSFAs
• Compact:
•Umbrella agreement
•General terms
•Long term
• FA:
•PFSAs
•More specific terms
•Short term (1-3 years)
Self-Governance
Tribal Self-Governance
demands careful and ongoing
assessment of the Tribal organization
and its operations.
Self-Governance
• Major components of an Ongoing Process
Planning
Negotiations
Implementation
Monitoring
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
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)
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