Oklahoma
Self-Governance Coalition
SG 101 Training Session
April 17, 2009
Shawnee, Oklahoma
Vickie Hanvey, CPA, MBA
Self-Governance
• Since time immemorial
• Treaties are Nation-to-Nation contracts
Tribal governments entered into treaties
prior to the formation of the U.S.
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 over
81 million
acres
Self-Governance
In return, the federal government would
protect and respect the Nation’s right to
govern
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
“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
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
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
Self-Governance
Indian Self-Determination Policy
recognizes the Indian governments’ rights to
self-govern and administer their own
programs and operations.
Self-Governance
Statutory Authority:
• P.L. 93-638, as amended






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
Indian Health Service
Self-Governance
(ISDEA) Advancement

Title IV Amendments
• Provisions to ensure consistency between Title IV and Title V
• Provisions to clarify statutory requirements governing constructionrelated 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
Allows the Nation to negotiate a single
compact and funding agreement for all
programs, services, functions and
activities.
Self-Governance
• Self-Governance allows tribes the
flexibility to re-design programs and
reallocate budgets to meet local needs
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
Self-Governance
• Major components of an Ongoing Process
Planning
Negotiations
Implementation
Monitoring