Self-Governance 2.0 - NCAI

Self-Governance 2.0 - NCAI

Self-Governance 2.0 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 2

Self-Governance Tribes 258 Tribes in Self-Governance, out of 567 Tribes 105 Funding Agreements Included in Self-Governance are 11 consortia in Alaska 3 Self-Governance 4 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 selfsufficiency among Indian Tribes 4 Self-Governance

5 Establish better tribal accountability through local autonomy Reduce the size and inefficiency of the Bureau of Indian Affairs by shifting the agencys role from dayto-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 5

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 6 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? 7 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? 8 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? 9 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 10 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 Tribes TPA base, can be moved as a part of a lump sum amount

11 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 12 First Steps to 2.0 for Consideration 13

Determine if any BIA review and monitoring of programs are required: Trust Law Program Evaluation enforcement, courts, and detention 13 Brainstorming about 2.0 14 Should there be a standardized, simplified

funding document for all federal programs? (contrary to original self-governance principles) What else? 14 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 15 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 16 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 17 DOI Insular Affairs Insular Affairs FY 2012 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 Insular Affairs 2012 Budget

$619 million Republic of Marshall Islands $69,524,000 Federated States of Micronesia $106,044,000 Republic of Palau $13,747,000

SG Tribes 2012 Budget $408 million VS. Office of Insular Affairs 2013 $9.5 million Office of Self-Governance 2013 $1.5 million 18 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 Compacts projected date of expiration is 2023 19 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 SelfGovernance is organized 20

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 21 Challenges To Tribes that are NOT SelfGovernance 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 SelfGovernance Program because the statutory/regulatory criteria is not met What can be done to address this? 22 Challenges To All Tribes 23 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? 23 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 24 OTAs Five Core Areas Budget Policy and Accountability Banking and Financial Services Government Debt Issuance and Management Financial Crimes Revenue Policy and Administration

25 OTAs 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 26 OTAs Technical Assistance OTA currently operates programs in more than 50 countries. Use of the Offices services are free to

the countries requesting service 27 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 28 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 OR Develop a federal office with a team of financial and audit experts on tribal finances

29 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 30 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 31 The End or the Beginning Comments, Questions, and Concerns [email protected] Director, Office of Self-Governance 32

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