U.S. Department of the Interior
Office of the Secretary

Ralph Gonzales 202-219-4150


For Release: February 22, 1996

Interior's Assistant Secretary for Indian Affairs Ada Deer announced today that the new working partnership between the Bureau of Indian Affairs (BIA) and tribal governments is progressing in an unprecedented fashion. The partnership is part of the Bureau's initiative to work more closely with tribal governments to determine the level of residual services and tribal shares of the BIA budget.

Assistant Secretary Deer noted that, as a first step, under the tribal share process the Bureau is making available to tribal governments each line item of the BIA fiscal year 1996 budget and a listing to identify all major functions and activities which are required to be performed by federal officials--called residual functions.

"It is important for tribal governments to have all functions and monetary amounts accurately identified," said Ms. Deer. "We are concentrating our efforts on the functions that are currently performed, where they are performed, and why. This will provide a clear understanding of funding requirements and help tribal governments make prudent decisions regarding the programs they will choose to operate. Information with such details and clarity is a first for the Bureau."

Chickasaw Nation Governor Bill Anoatubby said, "We are pleased with the announcement and see it as a viable step toward successful operations of future programs by all Indian tribal governments."

A residual function is the amount of resources (money, staff, equipment, property, etc) required to maintain the core functions which must be performed by federal officials, if all tribes assumed all BIA programs, activities, functions and services. These core functions may be found in treaties, statutes. Tribal Constitutions, judicial decisions, Executive Orders, federal regulations, or as negotiated with tribes.

Residual functions cannot be contracted, but those functions that are not identified as a residual service may be performed by the tribes through contracts, grants, or under self-governance agreements.

Tribal leaders are supportive of this process and many of them have expressed their concerns:

"We look at this process holistically and for consistency in Indian country -- that is, tribes in the east should be treated the same as tribes in the west in that the requirements for performing federal functions should not be different from one area to the next. Tribal governments look forward to participating in this process as a means to enhance Indian self-determination and it will allow each tribe to make-up their own mind as to which program they want," says James T. Martin, Executive Director, for United Southeast Tribes.

"The era of federal control over Tribal affairs is coming to an end. Through Self-Governance and Self-Determination legislation, Tribal governments have expanded their sovereign governing authority over their affairs and determination of the priorities for their communities. The process of governance in the modern era requires the determination of Tribes' share of the federal system that was established to provide the services and assistance promised through Treaties and other commitments. The second step is to remove the federal control over the prioritization of the use of these funds; the Tribes' appropriation process will determine the best use of these funds."

Deborah Doxtator, Chairwoman Oneida Tribe of Indians of Wisconsin said "Improvement of the relationship between tribes and the Federal Government is long over due. Time can only tell how much of an impact this step will have, but we believe the sharing of information is a good first step."

The tribal share process is a requirement mandated by Congress to help meet the federal obligations for negotiating with tribes pursuant to Title I and IV of Pub. L. 93-638. It will also serve as a key element in arriving at decisions which need to be made in consultation with tribes as a result of budget reductions.

Tribal consultation meetings have been scheduled for each BIA Area during the first three weeks in March 1996. Self-governance and P.L. 93-636 contract negotiations for Fiscal year 1997 are scheduled to begin in late April 1996. "This process will strengthen the government-to-government concept and will provide the basis for many new or expanded contracts with Indian tribes for fiscal year 1997," says Ms. Deer.

Contact:

Last Modification: 2-22-96@4:52pm(TKR)