Buy-Indian Act Contracting T&HCC was the first Tribe in Alaska to contract for the entire Southcast Agency of the BIA Juneau Arca Office in 1971, prior to PL 93-638.

Indian Self-determination Grant T&HCC was awarded a PL 93-638 Grant in 19851986. These grants were limited to Tribal government (unlike contracts which can go to Tribal organizations).

Self-governance Legislation T&HCC is listed as one of the original 10 Tribes to participate in the Self-governance Demonstration Project pursuant to Title III of PL 100-472.

Tribal Statutes T&HCC has statutes that govern the Tribe and its members. Statutes cover essential governmental functions and activities from clections to regulating the economic policies to governmental procedures.

Judicial System Three Tribal judges are elected by the General Assembly to serve as Tribal judges. This court system is designed to be an appcals court for issues that are not resolved at a local level. We have received funding from the BIA for FY 1993 for refining court procedures.

State Legislative Recognition The Legislature for the State of Alaska passed a resolution recognizing the accomplishments of T&H, as a Tribal government, in 1985.

National Congress of American Indians T&II has been a member of the National Congress of American Indians for several decades by mecting the credentials requirement as do other members Tribes. Representatives from other regions participate through the IRA villages in their regions because they can not pass credentials as a Tribe.

Tribal Recognition Within The Region Most IRA Tribes within the Southeast Alaska region who have knowledge of our Tribal history fully recognize T&IICC as a federally recognized Tribe. Some others who confuse the "Order of Precedence" used by the BIA for PL 93-638 have been led to believe that recognizing T&HCC conflicts with local recognition. Once it is explained to them in terms they are familiar with they fully accept our recognition.

Linguistical Relationship T&IICC is the only Tribe in Alaska that is directly named for the Native language of its members: Tlingit and laida. The moiety and clan structure of our people continue as an integral part of our people, even in modern times.

United States President Visits Being recognized by fellow Alaska Native leaders as the President of the largest Tribe in Alaska I was selected to meet with two different United States Presidents: Reagan and Bush.

United Nations Secretary General Visit I was selected by United Nations representatives to be one of eight Tribal leaders to meet with United Nations Secretary General, Boutros Boutros Ghali, on the "Year of the Indigenous People" as declared by the UN.

I realize that any one item above, by itself, is enough to say we are a Tribe. However, collectively, there is little doubt that my Tribe has conducted itself (and continues to conduct itself) as a Tribe as many other Tribes in the "Lower 48." In many ways T&HCC runs its governmental functions like the United States government.

The sovereign status of T&HCC has survived many, many Presidential administrations, Democratic and Republican, I have the utmost confidence that this administration will make a wise decision and preserve my Tribe's right to govern our own people under the constitution that has been long-suffering under countless attacks.

Your consideration of this information is appreciated as you deliberate these very difficult decisions.

Sincerely,

Edward K. Tomas
President

TESTIMONY

BY

HAROLD DEMOSS, COUNCIL MEMBER

CHEROKEE NATION TRIBAL COUNCIL

ON IMPLEMENTATION

OF

SELF-GOVERNANCE DEMONSTRATION PROJECT ACT

SENATE COMMITTEE ON INDIAN AFFAIRS

OCTOBER 20, 1993

My name is Harold DeMoss, Member of the Tribal Council of the Cherokee Nation, the second largest Indian Tribe in the United States. Cherokee Nation has nearly 150,000 tribal members and its headquarters are located in Tahlequah, Oklahoma.

The Cherokee Nation is recognized by the U.S. government as the preeminent tribal government in the Cherokee territory. It has maintained a government-togovernment relationship with the U.S. federal government throughout the history of the United States and was one of the first Indian tribes to enter into a Self-Governance Compact with the United States under the Indian Self-Determination and Education Assistance Act Amendments of 1988. We believe that the Self-Governance project is consistent with the spirit and intention of policy declared by the U.S. Congress on January 4, 1975, in Public Law 93-638, which acknowledges the obligation of the United States to "respond to the strong expression of the Indian people for self-determination by assuring maximum Indian participation in the direction of educational as well as other Federal services to Indian Communities" and declares the commitment of Congress to maintain "the Federal Government's unique and continuing relationship with and responsibility to the Indian people through the establishment of a meaningful Indian self-determination policy which will permit an orderly transition from Federal domination of programs for and services to Indians to effective and meaningful participation by the Indian people in the planning, conduct, and administration of those programs and services."

The Self-Governance project greatly enhances the probability of achieving the goals of the 1988 Act. Cherokee Nation feels that Self-Governance is not a "cure all" to make all things right; for example, implementation of Self-Governance alone will do little to dedicate a larger share of federal financial resources to meet needs that have never received adequate funding. Rather, Self-Governance is about streamlining bureaucratic processes that have heretofore absorbed a large percentage of appropriated dollars before reaching the Indian people they were intended to reach. SelfGovernance is new and it is being watched--by Congress and by many executive agencies, regardless of their involvement in Indian Affairs. Accordingly, Cherokee Nation feels that before any tribe enters into Self-Governance, it must be prepared to demonstrate financial and administrative ability to manage and operate programs in a responsible fashion, without audit exceptions. We believe that Self-Governance should not be viewed as a license to be free of accountability but rather that accountability must be a cornerstone of Self-Governance.

Self-Governance, as it exists today, establishes a framework for the future of serving the needs of Indian people. The effectiveness of this project depends in part on (1) making permanent and (2) adequately staffing the Office of Self-Governance. Although both Secretary Babbitt and Assistant Secretary Deer have expressed their

vigorous support of Self-Governance, it is our understanding that Interior Department's Office of PMB wants further study for purpose of cost-benefit analysis. Cherokee Nation agrees that analysis of the program would be prudent, but it is concerned that the Interior will postpone indefinitely needed reforms--including permanent legislation--until a protracted analysis of the program's costs and benefits has been performed. The Self-Governance project should be made permanent. Any legislation making it permanent should be simple, straightforward and not overly ambitious. If ongoing analysis indicates need for changes in the program, changes should be made as needed.

Even if the program is made permanent, the Interior Office of Self-Governance must be adequately funded and staffed. As it is now, only one person is available to handle approximately $100 million in annual Self-Governance funding. Within the next two years, the Office might handle as much as $500 million in annual funding. The Office must be funded and staffed to bring on sufficient staff to accommodate this increase in Self-Governance funding, especially as new Self-Governance tribes are admitted into the program. Cherokee Nation suggests that the Office be staffed at an adequate and responsible level.

Self-Governance may be compared to the building of a house. It is not reasonable to build a house upon a temporary foundation. We feel certain soundation essentials are necessary to allow the success of Self-Governance. In addition to the need for permanent legislation, the following discussion will address some of those ingredients we feel are important in order to avoid creating a foundation which will threaten the success of the Self-Governance project. My comments below address the provisions of Senate Bill 550, the "Tribal Self-Governance Demonstration Project Technical Amendments Act of 1993."

II. Section-by-Section Comments on S. 550

§311(a)

All Funds and Resources Subject to Negotiation

The 1993 Tribal Self-Governance Technical Amendments bill endorses the concept that all funds and resources are available for negotiation by the Indian organization, and the Cherokee Nation likewise endorses this concept. However, many services provided by the BIA have never been placed within the Bureau's budget as clearly-identified line items with specified funding levels. Therefore, to achieve the goal of this section, some methodology must be developed to require the federal agency to identify the dollar values of these services so that they may be available to compacting tribes. This would also require the effected federal agency to fully disclose all of its financial resources rather than leaving it to the compacting tribe to discover the resources for themselves.