FUTURE OF SELF-GOVERNANCE
Each Tribe, as an independent sovereign government, with its own distinct culture, traditions, institutions, and politics, must be able to determine its government-to-government relationship with the United States. This relationship has been historically determined by four key entities:
However, all too often policies, whether good or bad, have been shaped by institutions rather than the Tribal Governments. Historically, negative shifts in Federal Indian Policy, whether or not the policy may have looked good at the time, have lingered for decades, sometimes centuries.
The exercise of Self-Governance with respect to dealing with each Federal department and its agencies is ultimately the choice of each Tribal Government. Each Tribe, not Congress, not a Federal bureaucrat, not a Court, determines the relationship it should have with the Federal Government. Self-Governance is not equal to sovereignty; but Self-Governance can provide the administrative freedom and the framework for Tribes to make decisions appropriate to the authority of sovereign entities. Only through Tribal decisions, exercised with responsibility, will sovereignty come closer to reality and meaningful.
Self-Governance evolved from the vision of Tribal leaders historically seeking to reduce or eliminate the bureaucratic control of the United States government over Indian Tribes. Essential elements to achieve this objective include bringing decision-making authority and financial resources back to the Tribal level. The ability of Tribal Governments to determine their own destiny, their own future, creates a more meaningful government-to-government relationship between Tribes and the United States.
Tribes must be diligent to instill the underlying philosophies and principles of Self-Governance recognized in the United States Constitution - into all branches of the United States Government. Indian Tribes, in their pursuit of Self-Governance, should expect no less than the right to determine their own destiny as distinct governments, unique and separate within the boundaries of the United States. Tribes must pursue an aggressive agenda where Tribes will participate in all decisions affecting us and our people and to protect our right to independently manage our own affairs.
Over the past two centuries, the Bureau of Indian Affairs and Indian Health Service bureaucracies were primarily structured for the convenience of the Federal government instead of for those they were supposed to serve. Tribes ought to be actively involved in the restructuring of the roles and functions of Federal agencies that are responsible for protecting Tribal interests. Tribes need to assure that Federal agencies do not use restructuring processes to perpetuate bureaucratic existence. A major threat to Tribal Self-Governance, independence and creativity will be the inevitable, relentless cower of the bureaucracy to expand its authority over Tribal government through oversight and monitoring functions.
Self-Governance could very well become the key part of redefining and restoring the "government-to-government" relationship between Tribes and the United States into the 21st century and beyond. Additionally, Self-Governance may serve as a useful model for indigenous peoples in their negotiations for independence from colonial rule throughout the world. For two decades, Congress and each President has affirmed a Federal policy of Indian Self-Determination and government-to-government relations with Indian Tribes. Tribes have collectively changed Federal policy in principle. It is now time to change the actual practices.
Existing Federal regulations continue to control and stifle Tribal operations. Tribes must not permit indecision to shape their future. Executive Branch officials speak glowingly of Self-Governance principles, but have shown a decided reluctance to press policy into practice. For example, the Self-Governance regulation waiver process, which languished in theoretical discussions since 1990, had to be incorporated into P.L. 103-413.
Self-Governance policies must be generally binding on all departments and agencies of the Federal government and must be liberally interpreted to accomplish the objectives. Tribal-regulations should be given priority consideration in determining the rules/regulations applicable to a Self-Governance compacted program.
Obviously, the implementation of Self-Governance across all Federal Departments and agencies is a major, formidable undertaking. Independent Tribal management of our own affairs and government-to-government relations must be constantly promoted as the guiding principles of Self-Governance.
Consistent with the Tribally-driven, Self-Governance initiative, Tribes must take the leadership in structuring how the Federal government carries out its responsibilities to Indian Tribes. The government-to-government relationship between Tribes and the United States can best be protected and enhanced through active Tribal participation in decision-making, policy formulation of all Federal Indian policy. The administration of the sacred trust of the United States to Tribes requires the continued development of a comprehensive government-wide application of these principles.
If we continue to allow Federal bureaucracies, to make decisions on our behalf, individually or collectively, we will perpetuate the dependency of Tribes and continue to empower the United States as an antiquated guardian for "incompetent" Indian wards. We must aggressively and responsibly assert our role as the key policy-maker on Indian Affairs. The stronger we become individually as Tribes, the more powerful we collectively grow, and the better we will be able to serve our future generations and again become truly Self-Governing Indian Nations.