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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
Self-GovernanceSelf-Governance
Self-GovernanceSelf-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
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
Self-GovernanceSelf-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-GovernanceSelf-Governance
• 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”
Self-GovernanceSelf-Governance
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
Self-GovernanceSelf-Governance
Indian Self-Determination Policy recognizes the Indian governments’
rights to self-govern and administer their own programs and operations.
Self-GovernanceSelf-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-GovernanceSelf-Governance
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
Self-GovernanceSelf-Governance
(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)
Self-GovernanceSelf-Governance
Ability to negotiate a single compact and funding agreement for all PSFAs
Self-GovernanceSelf-Governance
• 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.
Self-GovernanceSelf-Governance
• Major components of an Ongoing Process
PlanningNegotiationsImplementationMonitoring
Self-GovernanceSelf-Governance
Self-GovernanceSelf-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-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
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