indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Tribes say BIA failures threaten self-governance
Thursday, September 21, 2006

The Senate Indian Affairs Committee on Wednesday heard conflicting testimony from tribal and federal officials about the successes and failures of self-governance.

Tribal leaders and Bureau of Indian Affairs officials hailed self-governance, and self-determination, as a landmark policy. They said it puts more control into the hands of tribes as they decide their own futures.

But tribal leaders said the program is threatened by inadequate funding and bureaucratic holdups. They told the committee that the BIA fails to fulfill the contracts and compacts it signs with tribes and often delivers the money late.

"Unfortunately, self-governance programs have strayed from their original intent to strengthen Indian self-determination and self-sufficiency," testified Delia Carlyle, the chairwoman of the Ak-Chin Indian Community in Arizona.

Carlyle cited a $200,000 promise made by the BIA to help the tribe build a road on the reservation. That was back in 2004, she said, but money never came so the tribe had to dip into its own budget.

"Finally, we have recently been informed by [BIA] that the funding should be available soon but the amount is less than originally promised," she said.

Floyd Jourdain Jr., the chairman of the Red Lake Nation of Minnesota, said his tribe has been denied millions of dollars for over a decade due to infighting within the BIA. He said officials have failed to pay annual cost of living increases for employees under self-governance agreements.

As a result, he said tribes nationwide have been forced to absorb over $500 million in unfunded pay costs. "Currently, there is little financial incentive to encourage tribes newly contemplating self-governance, or even for existing self-governance tribes to maintain their status," he told the committee.

Sen. John McCain (R-Arizona), the chairman of the committee, agreed with the tribal assessments. He said the failure to fully fund self-governance has led to fewer tribes joining the program and even to some tribes dropping out.

"It seems to fly in the face of everything that tribes seek and what we, as a nation, want tribes to do," he said.

But George Skibine, the acting deputy assistant secretary of policy and economic development at the BIA, denied knowledge of a reduction in self-governance. He said he was "not aware" of any slow down in the program.

"It's true the number of tribes seeking self-governace compacts has gone progressively down," he said.

After some repeated questions, another acting BIA official acknowledged that the BIA fails to fully fund the compacts and contracts for the agreed-upon amount and often delivers money for welfare, social services and reservation roads late. McCain appeared visibly upset by the answers.

Tribes won a major legal victory in March 2005, when the U.S. Supreme Court ruled unanimously that federal agencies must fully fund the self-determination and self-governance agreements. Government attorneys had argued that tribal contracts were different from contracts for other services.

Despite the win, tribes still aren't receiving the money they are due because of language in the Interior Department's appropriation act. The acting BIA official said it would be up to Congress to change the situation.

Tribes have repeatedly asked Congress to fix the problem. This year, they are seeking a "bootstrap" amendment that would address certain issues while a more comprehensive solution can be developed.

Senate Hearing Links:
Testimony | Webcast

Supreme Court Decision Cherokee Nation v. Leavitt:
Sylalbus | Opinion [Breyer] | Concurrence [Scalia]

Relevant Links:
Contract Support Cost Litigation - http://www.cscclass.net
NCAI Contract Support - http://www.ncai.org/Contract_Support.36.0.html
Indian Health Service, Phoenix Area - http://www.ihs.gov/FacilitiesServices/AreaOffices/Phoenix

Related Stories:
Nevada tribe finally paid for health services contract (04/26)
Tribes continue fight for self-determination contracts (12/16)
BIA ordered to pay for self-determination contract (09/26)
Contracts still an issue despite Supreme Court win (04/14)
Indian Affairs Committee objects to Bush funding cuts (03/08)
Cherokee Nation celebrates Supreme Court win (03/03)
Tribes win decision in contract support cost case (03/02)
Tribal budget advisory council backs tribal colleges (03/01)
Bush budget seeks cuts to Indian education programs (02/10)
Congress restores Bush's cuts to Indian programs (11/22)
Tribal contracts pose conflict for U.S. Supreme Court (11/10)
Court to hear self-determination contract case (11/9)
Supreme Court takes action on Indian law cases (11/02)
Campbell says agencies afraid of helping tribes (04/30)
Tribes ask Congress to address contract shortfalls (04/28)
Supreme Court to resolve self-determination dispute (03/23)
Supreme Court weighs self-determination dispute (03/09)
Court rules tribe owed self-determination funds (07/07)
Appeals court turns down Navajo Nation again (04/09)
Court rebuffs tribes on contract funding dispute (11/27)
Navajo Nation challenges contract policy (10/04)

Copyright 2000-2006 Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Lakota riders complete journey to Little Bighorn (7/2)
Lakota Country Times: Newspaper takes home top honors at NAJA (7/2)
Brandon Ecoffey: Delivering stories that matter to Indian Country (7/2)
Ivan Star: Creating a culturally appropriate economy at Pine Ridge (7/2)
Elizabeth Hawksworth: Being patriotic and being Native in Canada (7/2)
Micah A: Blood quantum does not make me any less of an Indian (7/2)
David Shorter: Learning not to speak on behalf of Native peoples (7/2)
Marc Simmons: Legend of Catholic priest saved by grateful tribe (7/2)
Sen. McCain deemed responsible for land swap at sacred Oak Flat (7/2)
A Tribe Called Red releases free remix of Buffy Sainte-Marie track (7/2)
Pamunkey Tribe wins final federal recognition decision from BIA (7/2)
Duwamish Tribe rejected for federal recognition for a third time (7/2)
BIA accused of blocking road access on New Mexico reservation (7/2)
Chippewa Cree Tribe elects Ken St. Marks as chair for fourth time (7/2)
Mississippi Choctaw leader comes out on top in unofficial results (7/2)
Bois Forte Band grows economy with second Tim Hortons Cafe (7/2)
Chickasaw Nation hails selection of permanent Indian law chair (7/2)
Editorial: Gila River Indian Community to blame for highway path (7/2)
Cow Creek Band continues to oppose new Coquille Tribe casino (7/2)
Confederated Salish and Kootenai Tribes renovate casino resort (7/2)
Four more tribes in New Mexico enter Class III gaming compact (7/2)
Editorial: Pojoaque Pueblo gets pass on illegal gaming operation (7/2)
Save Oak Flat caravan plans journey to DC to protect sacred site (7/1)
Court reluctantly backs NLRB in Saginaw Chippewa Tribe dispute (7/1)
Native Sun News: Opposition grows to delisting of grizzly bears (7/1)
Lakota Country Times: Reservation counties rank as deadliest (7/1)
Steve Russell: Professor outed as Cherokee fraud once again (7/1)
Harlan McKosato: Indian people survive despite mistreatment (7/1)
Marshall Matz: Fight for $380M in Keepseagle funds continues (7/1)
BIA acquires former military site in trust for Ho-Chunk Nation (7/1)
Appropriations bill adds $10M for tribal courts in PL280 states (7/1)
Sen. Murkowski questions definition of 'Indian' for health care (7/1)
South Dakota board won't back name change for sacred peak (7/1)
Fort Peck Tribes take on cost for homes promised by Brad Pitt (7/1)
Hoopa Valley Tribe orders water restrictions as tanks run dry (7/1)
Cherokee Nation certifies results of election for top positions (7/1)
Secretary Sally Jewell reaffirms opposition to racist mascots (7/1)
Virginia tribes hindered by racist policies created by one man (7/1)
Column: Native Code Talkers defended nation with languages (7/1)
Guilty plea for stabbing of BIA superintendent in South Dakota (7/1)
Opposition group rallies over Miccosukee Tribe land-into-trust (7/1)
Pojoaque Pueblo keeps casino open after gaming deal expires (7/1)
Court allows lawsuit for incident at Tonto Apache Tribe casino (7/1)
Navajo Nation Council approves bill to share gaming revenue (7/1)
Soboba Band celebrates 20th anniversary for gaming facility (7/1)
Mashantucket Tribe extends agreement for $1.7B casino debt (7/1)
BIA adopts new policy regarding federal recognition process (6/30)
Supreme Court agrees to resolve another Indian law dispute (6/30)
Patrick Murphy: Star Trek's William Shatner visits Navajoland (6/30)
Yvette Roubideaux: Making progress at Indian Health Service (6/30)
Native Sun News: Wambli Ska group shares culture with youth (6/30)
Lakota Country Times: Oglala Sioux leader pushes zeolite mine (6/30)
Native Sun News: BLM to update plan for land near Bear Butte (6/30)
Alex Jacobs: Fake Indians damage the real Indian community (6/30)
Sarah Sunshine Manning: Even toys carry harmful messages (6/30)
Ponca Tribe sends twelve youth to White House conference (6/30)
Lobbyists met at White House to discuss federal recognition (6/30)
Alaska Native man finally out on parole in 1997 homicide case (6/30)
Gyasi Ross gets nod for 'Marlon Brando' single off new release (6/30)
Washington governor supports repatriation of Kennewick Man (6/30)
Morongo Band interested in acquiring Colt gun manufacturer (6/30)
Gila River Indian Community files suit to protect sacred place (6/30)
Lac Du Flambeau Band man sentenced for abusing young girls (6/30)
Sault Tribe protected by sovereign immunity in casino dispute (6/30)
Pojoaque Pueblo at critical juncture with Class III gaming deal (6/30)
BIA releases scoping report for Coquille Tribe's Class II facility (6/30)
Local leaders talk Tohono O'odham Nation casino controversy (6/30)
Editorial: Extend Class III casino compact with Seminole Tribe (6/30)
Rep. McCollum vows support for Tribal Labor Sovereignty Act (6/29)
BIA issues long-awaited update to federal recognition process (6/29)
Native Sun News: Tribal youth share traditions and technology (6/29)
Lakota Country Times: Treaty council slams mine at Pine Ridge (6/29)
Mark Trahant: Action plan needed for health in Indian Country (6/29)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.