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Self Governance 101 2012 Self-Governance Conference New Orleans, LA Vickie Hanvey, CPA, MBA.

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Presentation on theme: "Self Governance 101 2012 Self-Governance Conference New Orleans, LA Vickie Hanvey, CPA, MBA."— Presentation transcript:

1 Self Governance 101 2012 Self-Governance Conference New Orleans, LA Vickie Hanvey, CPA, MBA

2 The Cherokee Nation existed before the United States and the State of Oklahoma. GROUP OF CHEROKEES WHO VISITED LONDON IN 1762 Self-Governance

3 Self-Governance 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

4 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

5 Cherokee Nation ceded 81 million acres of land between 1721 and 1835 Self-Governance

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

7 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

8 Hostile Federal PolicyFriendly Federal Policy 1730 Germ Warfare1750 Great Britain Treaty 1770 Genocide by colonists and later Americans1790 Civilization Program 1830 Removal 1840 Rebuilding Cherokee Nation "Golden Age" 1860 American Civil War1870 Reconstruction 1890 Allotment; Forced Assimilation1908 Bureaucratic Imperialism by BIA 1930 Depression1940 Reorganization 1950 Relocation 1975 Self- Governance and Social Service Programs Self-Governance

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

10 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

11 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

12 (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 IV Amendments) Title V Indian Health Service (Title VI Other HHS Agencies) Self-Governance

13 Ability to negotiate a single compact and funding agreement for all PSFAs Self-Governance FA: PFSAs More specific terms Short term (1-3 years) Compact: Umbrella agreement General terms Long term

14 14 Tribal Self-Governance demands careful and ongoing assessment of the Tribal organization and its operations. Self-Governance

15 Major components of an Ongoing Process Planning Negotiations Implementation Monitoring Self-Governance

16 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

17 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)

18 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

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