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S. 919, the Department of Interior Tribal Self-Governance Act of 2013 : hearing before the Committee on Indian Affairs, United States Senate, One Hundred Thirteenth Congress, second session, January 29, 2014.
The Self-Determination Act of 1975 provided a shift in the way the Federal Government provides services in Indian Country, providing tribes with the authority to take over those services and tailor them to meet their communities. Self-governance began with only seven tribes in 1991, now over half of all federally-recognized tribes have self-governance agreements with the Department of the Interior for Indian Health Services. S. 919 is the culmination of discussions between tribal leaders and the Department of the Interior and other stakeholders that would streamline the self-governance process. Currently tribes must use different negotiation processes for the Department of the Interior and Indian Health Services. S. 919 would make that a similar process. This bill has many other common sense provisions relating to the negotiation process, such as negotiating in good faith, timelines on decision-making, and providing specific reasons that the Secretary of the Interior can decline the self-governance compact or funding agreement.
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In October 1991, a Congressional committee heard testimony on proposals to expand and extend the Tribal Self-Governance Demonstration Project. Originally authorized in 1988, the project allows participating tribes to negotiate the transfer of Bureau of Indian Affairs (BIA) programs and services to the tribes through compacts of self-governance and annual funding agreements. A BIA representative supported proposed legislation to increase the number of participating tribes from 20 to 30 and to extend the project for an additional 3 years. Joint testimony of the Quinault, Lummi, Jamestown S'Klallam, and Hoopa Valley tribes stated that: (1) the project has been a tribally-driven initiative supported by Congress; (2) participating tribes have completed planning, negotiation, and initial implementation phases despite BIA resistance; (3) the project should proceed in carefully planned stages at a pace determined by tribes; (4) the project should include all BIA programs, particularly those BIA education programs currently excluded; (5) the Indian Health Service is the next logical project participant among government agencies; and (6) the project should allow the tribes to redefine the BIA's role and responsibilities. Testimony from the Oneida tribe of Wisconsin focused on the tribal elementary school, begun for the purpose of maintaining Oneida culture and language, and the need for the tribes to control education funds. (SV)