Self Governance
Self-Governance is fundamentally designed to provide Tribal governments
with more control and decision-making authority over the Federal
financial resources provided for the benefit of Indian people. More
importantly, Self-Governance fosters the shaping of a "new partnership"
between Indian Tribes and the United States in their
government-to-government relationships. Self-Governance provides,
administratively, the opportunity for Tribal governments to exercise
their sovereignty with minimal Federal intrusion and involvement.
The IHS and tribal programs provide health services to approximately
1.5 million American Indians and Alaska Natives who belong to 556
federally recognized tribes in 35 states. There are currently 61
self-governance tribal compacts and 81 funding agreements representing
285 tribes, providing health services to over 51.1% of the American
Indian and Alaska Native tribes.
The History of Self-Governance
The provision of health services to federally recognized Indians grew
out of a special relationship between the federal government and Indian
tribes. This government-to-government relationship is based on Article
I, Section 8, of the United States Constitution, and has been given
form and substance by numerous treaties, laws, Supreme Court decisions,
and Executive Orders. The IHS, an agency of the U.S. Public Health
Service within the Department of Health and Human Services, is the
principal federal health care provider and health advocate for Indian
people, and its goal is to raise their health status to the highest
level possible.
In FY 1992, the Indian Health Service (IHS) was instructed by Congress
to initiate planning activities with tribal governments with approved
Department of Interior self-governance compacts for the development of
a Self-Governance Demonstration Project as authorized by P.L. 100-472.
Through enactment of P.L. 102-573, the Indian Health Care Amendments of
1992, authority to fund the Tribal Self-Governance Demonstration
Project (TSGDP) was extended to IHS and the Office of Tribal
Self-Governance was established. Through enactment of P.L. 106-260, the
Tribal Self-Governance Amendments of 2000, permanent authority was
given to Title V, Tribal Self-Governance. Since 1993, the IHS, in
conjunction with Tribal representatives, has been engaged in a process
to develop methodologies for identification of Tribal Shares for all
Tribes. Tribal shares are those funds historically held at the
Headquarters and Area organizational levels of the IHS. In FY 2003
approximately $794 million will be transferred to support 81 compacts.
Accomplishments
Tribes participating in the Tribal Self-Governance Program (TSGP)
report that the program has had a significant positive impact on the
health and well being of their constituents. The TSGP puts the
administration and management of the health programs in the hands of
tribal governments and provides them the flexibility to tailor their
health program to meet the diverse and unique needs of their
constituents. Significant improvements have been made in the
administration of Tribal health programs and in the quality, quantity
and accessibility of services provided to the service population. Thus
federal funds are more effectively and efficiently used in addressing
the local health needs of American Indians and Alaska Natives. The TSGP
also promotes improved program and fiscal accountability in that tribal
governments and health administrators are held directly accountable by
and to their service population. A study conducted by the National
Indian Health Board confirmed the significant positive impact that
Self-Governance has had on Tribal health programs and their
constituents.
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