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Indian Self Governance and NPS

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

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