Tribal Self-Governance
Definitions
For the purpose of this document, the following definitions
will apply. It should be noted that in other contexts, the federal view of these
definitions may differ. However, the following terms have historically been the
accepted terminology utilized by both the Federal side and the Tribal side in
conducting Self-Governance negotiations.
Annual Funding Agreement
An agreement negotiated and signed each year between an
individual tribe and a federal government entity such as the BIA or the IHS.
This agreement sets for the programs, services, functions, activities or
portions thereof, to be transferred by the tribe and their levels of funding and
the programs to be retained by the Government. The roles and responsibilities of
each entity are outlined in the AFA.
Compact
An executed document based on the government to government
relationship of Indian Tribes and the federal government that sets forth the
terms and conditions of the self-governance relationship between the tribe and a
particular federal governmental entity.
Program Funds
Funds allocated for programs generally operated at the BIA
Agency or IHS Service Unit level. Program funds are utilized to provide services
to Tribes and eligible American Indian recipients.
Program Funding Methodology
The formula/methodology that the BIA or IHS uses to determine
the amount of funding a tribe receives to provide services under a
Self-Governance Compact or a P.L. 93-638 Contract. This methodology is generally
based on criteria that are relevant to the program such as tribal population and
acres of land.
Residual
The amount of funds necessary to maintain those activities
which, by law, must be carried out by Federal officials. Residual is used for
calculating theoretical Tribal shares if all Tribes were to compact or contract
for all programs, services, functions or activities.
Inherent Federal Function
Those programs, service, functions, activities or portions thereof, a federal official as determined by treaty, legislation, executive order, or other legal instrument must carry that out.
Tribal Share
The proportionate share of IHS or BIA administrative funds
associated with each federal Program. These funds are commonly held at the Agency,
Area and Central Office level for BIA; and, the Service Unit, Area, or Headquarters
level for IHS. Administrative dollars represent program, service, function or
activities that are not residual and that a Tribe is entitled to receive under
a Self-Governance Compact.
Tribal Share Methodology
The allocation formula that is used to calculate a Tribe's or Tribal
Organization's share of a program, service, function, activity or portion
thereof, for BIA or IHS administrative dollars.
Retrocession
The voluntary return of a program operated under an AFA by a
Tribe to the federal government before the agreement expires.
Retained Tribal Share
Those funds that are available as a Tribal share but determined by the Tribe under the AFA to be left with the federal agency to administer.