Self-Governance2.0

Objectives

Advise about OMB Passback request for a paper on Tribal Self-Governance 2.0 that expands the principles of Self-Governance

Develop tribal workgroup

Brief discussion of other models of U.S. government-to-government financial relationships

As part of 2.0, how to increase the number of Self-Governance Tribes

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Self-Governance Tribes

258 Tribes in Self-Governance, out of 567 Tribes

105 Funding Agreements

Included in Self-Governance are 11 consortia in Alaska

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Self-Governance

Briefly the Self-Governance Program was intended to:

Formalize relations between the United States and Indian Tribes on a government-to-government basis

Allow Indian Tribes to determine internal priorities, redesign programs and reallocate resources to more effectively and efficiently meet the needs of our tribal communities

Promote greater social, economic, political self-sufficiency among Indian Tribes

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Self-Governance5

Establish better tribal accountability through local autonomy

Reduce the size and inefficiency of the Bureau of Indian Affairs by shifting the agency’s role from day-to-day management of tribal affairs to protectors and advocates

“Shaping Our Own Future: An Overview and Red Paper Issued by the Jamestown Klallam and Lummi Indian Tribes and the Quinault Indian Nation,” 1989

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Goals for 2.0

STREAMLINE oversight process

PROVIDE Tribes lump sum funding agreements for all programs, not just TPA base

ALLOW Tribes to determine how the funds are spent

ALLOW Tribes to track performance data and outcomes

REPORT how the funds were spent as part of the single audit process

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Questions

Can it be done administratively?

Is there a need for a change to the Indian Self-Determination Act?

Which Tribes are interested in doing this?

What criteria, if any, should be used to select Tribes for participation?

How would the lump sum be calculated?

How can the number of Self-Governance Tribes be increased?

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Questions

Define what is meant by “all programs?”

A-133 Single Audits check compliance with OMB circulars, require accounting and management systems, do not necessarily report on how funds are spent, what kind of reporting is envisioned beyond single audits, if any?

Should the role of the federal government be defined in tribal self-governance plans?

Should the role of OST and other federal offices be identified and defined?

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Questions

Should an information dissemination network be established and used to identify best practices?

Should venture capital be made available?

Should strategies to develop income and employment be developed for implementation?

Should a process and IT system be developed to adjust lump sum funding to appropriations for a given year?

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Current Activity

Alert Tribes that this process is beginning

Solicit tribal ideas

Develop a small workgroup of tribal representatives

Continue discussions with U.S. agencies that have government-to-government financial relationships with territories and foreign governments

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First Steps to 2.0 for Consideration

Determine what needs to be done internally to reduce regional reprograming of funds back to OSG

Determine what needs to be done to avoid OSG doing fund returns back to the regions

Determine what additional funds, not in a Tribe’s TPA base, can be moved as a part of a lump sum amount

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First Steps to 2.0 for Consideration

Determine if Tribes should track performance data and outcomes

Maintain that a single audit is all that is needed for purposes of reporting

Determine how to address competitive, special need, or earmarked, non-recurring funds or programs

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First Steps to 2.0 for Consideration

Determine if any BIA review and monitoring of programs are required:

Trust Program Evaluation

Law enforcement, courts, and detention

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Brainstorming about 2.014

Should there be a standardized, simplified funding document for all federal programs? (contrary to original self-governance principles)

What else?

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Ongoing Comparative Research of Other Government-to-Government Programs

1. Millennium Challenge

– Country Compacts

2. US AID

– Country Agreements

3. Insular Affairs

– Compacts of Free Association

4. State Department

– Country Agreements

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Ongoing Comparative Research

Millennium Challenge, USAID, Insular Affairs, and the State Department

Internal financial and program processes for offices that move US monetary aid as a lump sum to foreign countries

Delegation of roles and responsibilities

Accountability standards for the countries

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DOI – Insular Affairs

“Compacts of Free Association” between the United States and territories: American Samoa Guam Commonwealth of the Northern Mariana Islands U.S. Virgin Islands Republic of Marshall Islands Federated States of Micronesia Republic of Palau

Each gets a lump sum payment and also other discretionary funds

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DOI – Insular Affairs

Insular Affairs FY 2012

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American Samoa $36,249,000

Guam $85,816,000

Commonwealth of the Northern Mariana Islands

$16,798,000

U.S. Virgin Islands

$262,500,000

Republic of Marshall Islands

$69,524,000

Federated States of Micronesia

$106,044,000

Republic of Palau

$13,747,000

Office of Insular Affairs 2013$9.5 million

Office of Self-Governance 2013$1.5 million

VS.

Insular Affairs 2012 Budget$619 million

SG Tribes 2012 Budget$408 million

Compact of Free Association

Goals

To support the “long-term security interests of the United States in the western Pacific and Caribbean and address serious economic and fiscal problems impacting the insular areas…”

To provide funds for said territories to become economically self-sustaining by a date certain

Example: Micronesia Compact’s projected date of expiration is 2023

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Implementing “Compact of Free Association”

Implementation Requires monitoring, quarterly reports, heavy federal

interventions and involvement in territories’ financial and programmatic internal operations

Single Lump Sum A good idea

Accountability pieces are very intrusive in terms of financial operations as compared to how Self-Governance is organized

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State Department

Some discussion has started with the State Department concerning U.S. assistance to foreign countries

Discovered a Treasury program that helps foreign countries with financial infrastructure

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Challenges To Tribes that are NOT Self-Governance

Every year there are at least 3 or 5 tribes that apply to enter Self-Governance

Some of these Tribes do not have 3 years of audits that are free of material weaknesses and these Tribes are not accepted to the Self-Governance Program because the statutory/regulatory criteria is not met

What can be done to address this?

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Challenges To All Tribes23

A remotely located tribe loses its finance person or CFO and is unable to find expertise in the community.

A Tribe continually does not submit its Single Audit year after year.

A new tribal administration arrives and the tribal finance office undergoes a total replacement.

What happens?

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U.S. Department of Treasury, Office of Technical Assistance (OTA)

Core Mission: To develop strong financial sectors

To develop sound public financial management

Where: Countries where federal U.S. assistance is

provided and there is a strong commitment to reform

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OTA’s Five Core Areas

Budget Policy and Accountability

Banking and Financial Services

Government Debt Issuance and Management

Financial Crimes

Revenue Policy and Administration

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OTA’s Technical Assistance

OTA has the ability to assist in areas, such as: Auditing

Accounting

Information technology system development

Macroeconomic and monetary policy management

Infrastructure finance

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OTA’s Technical Assistance

OTA currently operates programs in more than 50 countries.

Use of the Office’s services are free to the countries requesting service

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OTA Structure Offers Ideas for Technical Assistance Model for Tribes

OTA – a starting point for Tribal TA?

Tribes might receive assistance for:

Addressing audits

Reviewing financial management systems

Stabilizing financial infrastructure when tribal governments change hands

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Technical Assistance Possibilities

Develop a federal contract with Indian organization or agency that could directly contract with individuals who have expertise in tribal finance for all federal grant/contracted/compacted programs available to Tribes

ORDevelop a federal office with a team of

financial and audit experts on tribal finances

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Technical Assistance Possibilities

The organization could provide a core group of seasoned tribal finance and audit experts

The organization would provide its services for free to the Tribes

The organization would help Tribes with recruitment of finance and audit staff

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Technical Assistance Possibilities

The organization could provide internships and jobs for Native students through regional university-tribal partnerships Develop students and staff expertise in:

Finance

Accounting

Audits

All federal and state programs that Tribes receive

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The End or the Beginning

Comments, Questions, and Concerns

Sharee.Freeman@bia.govDirector, Office of Self-Governance

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