Implementation

Post Negotiations, Tracking of Fund Distribution

Once the Annual Funding Agreement has been negotiated, it is important to begin the tracking of the efforts of DOI/BIA and IHS to identify and distribute funding identified in the agreement. Many factors within the federal government can affect the distribution of funds to Tribes under these agreements. Some of these factors are listed below:

• Internal departmental budgeting of funds for direct and indirect/administrative costs.
• New Federal Government Policy Initiatives such as recessions and reauthorization designed to reduce federal budgets.

Tracking the distribution of these funds is performed through consistent and appropriate contact with the staff of the Department of the Interior Office of Self-Governance and BIA Administrative staff and DOI Secretarial staff as needed. Similar efforts are needed with the staff of the Department of Health and Human Services, Public Health Services, Indian Health Services, Office of Tribal Self-Governance. Such contact is often coordinated among Self-Governance Tribes in order to effectively utilize Tribal and Federal staff resources.

Tracking means developing and maintaining an awareness of the federal process for fund distribution, federal action and/or decision-making requirements and taking action either individually or in coordination with other Tribal Governments to facilitate or stop a federal action that is not consistent with the negotiated Annual Funding Agreement or with the provisions of current statutes.

Redesign of Programs

One of the primary objectives of Self-Governance is to provide the maximum flexibility to Tribal governments to design programs, activities, functions and services to address Tribal priorities and respond to local concerns. When programs intended to serve Indian people have been managed by the Bureau of Indian Affairs (BIA) in the past, or managed under P.L. 93-638 grants and/or contracts, most of the decision making and funding priorities were made by the Federal bureaucracy pursuant in some fashion to federal regulations. Tribal or local concerns often do not fit into the funding and program parameters established under BIA policies and regulations. Most of the BIA guidelines, policies and regulations are prepared for national application and are not tailored to specific Tribes, Reservations, or local conditions.

Tribal Self-Governance is designed to allow Tribes within the context of the federal - tribal relationships to plan and implement Tribal programs, activities, and services that best meet their needs. In effect, along with existing Tribal responsibilities, Tribal governments become the primary policy and regulation makers for the agencies, programs, services and activities on their Reservations, including the allocation of fiscal resources. Under Tribal Self-Governance, Tribes become more responsible for BIA programs, services, functions, and activities assumed by the choice of the Tribe.

Regulatory Framework

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