In 1994, the Indian
Self-Determination and Education Assistance Act was
amended by Congress. Public Law 103-413, also
referred to as the Tribal Self-Governance Act,
instituted a permanent tribal self-governance
program at the Department of the Interior.
The Office of Self Governance works, in
consultation with the other bureaus in the
department, to identify which programs, services,
functions, or activities, or portions thereof, are
eligible to be planned, conducted, consolidated, and
administered by a self-governance tribal government.
The self-governance tribal government must be able
to show that there is a "special geographic,
historical, or cultural" link between the tribe and
the national park unit.
Federally recognized tribes are eligible to apply
to become a self-governance tribe. At present there
are 91 tribes or tribal consortia that have been
accepted into the self-governance program. [Tribal
consortia are in Alaska.]
Thanks to the help of the National Park Service
self-governance points of contact in the regions, we
have been able to develop a chart that matches the
91 self governance tribes with possible links to
regions and park units. Since Fiscal Year 1996, the
National Park Service has negotiated 20 annual
funding agreements with 5 tribes. [See
National Park Units and Self-Governance Tribes
below for the chart which includes information about
the funding agreements.]
Documents
National Park Units and Self-Governance Tribes
(doc)
Self-Governance Tribes [91] (pdf)
Each year a list of eligible programs is published
in the Federal Register. [See NPS list of
eligible programs and DOI Eligible
programs below.]
Documents
NPS List of Eligible Programs (pdf)
Programs Eligible for Inclusion in 2007 FY Annual
Funding Agreements [Tribal Self-Governance Prog.]
(doc)
The self-governance process goes something like
this --
- the list of eligible programs is published
in the Federal Register
- a self-governance tribe reviews the list,
decides which programs to pursue, and writes a
letter to the bureau point of contact [Patricia
Parker is the NPS point of contact.]
- we receive the letter, identify which region
and/or park unit would be involved, contact both
the region and park unit, and fax them a copy of
the incoming letter
- we prepare a letter to respond to the
inquiry and refer the self-governance tribe to
the superintendent of the park unit and the
regional point of contact
- the park superintendent, in consultation
with our office, the region, and the solicitor's
office, negotiates with the self-governance
tribe [Note: an inquiry does not automatically
result in a negotiated agreement. The National
Park Service has received many inquiries since
1996; the 20 agreements negotiated thus far have
been with 5 tribal governments. Some
negotiations have taken years to bring to
completion.]
- if and when an annual funding agreement has
been signed by the park superintendent, the
park/regional contracting officer, and the
self-governance tribal leader, it is transmitted
to our office
- our office prepares the transmittal letters
to Congress and facilitates review and signature
of the letters by the Director
- Congress has 90 days to review the agreement
- at the end of the 90 days, the agreement is
in effect for that fiscal year.
The Tribal Self-Governance Act and the
implementing regulations are available in the links
listed below.
Links
United States Code
Documents
Title 25 of the United States Code, Chapter 14
(doc)
Final Rule on Self Governance [the
regulation]
After several years of negotiated rulemaking by a
Tribal/Federal team, the U.S. Department of the
Interior published a Final Rule regarding Indian
Self Governance on Dec. 15, 2000, in the Federal
Register [Vol. 65, No. 242, pages 78688-78735]. This
rule became effective in January 2001.
In reviewing this final rule, Subpart F, "Non-BIA
Annual Self-Governance Compacts and Funding
Agreements," and Subpart G, "Negotiation Process for
Annual Funding Agreements," are the sections that
will most relate to the National Park Service.
Documents
25 CFR Part 1000 (pdf)
How do I find out more?
Please give us a call at 202/354-6965. We'd be
happy to provide more information about this
fascinating program.
The Department of the Interior's Office of Self
Governance website contains a lot of information
regarding self-governance. The link in the "Related
Information" below will take you there.
Related
Information
Office of Self
Governance, U.S. Dept. of Inte