Overview
The Indian Self-Determination and Education Assistance Act of 1975 (P.L. 93-638) is the cornerstone of modern federal Indian policy. It enables Indian tribes and tribal organizations to contract with the federal government to operate programs previously administered by the Bureau of Indian Affairs (BIA) and the Indian Health Service (IHS).
Agency Tribal Nations' Resolution A13180 formalizes ATN's engagement with the 25 CFR Part 900 regulations — the implementing rules for the Act. This resolution was issued as an attachment to the solicitation for CFR Part 900, covering both the Indian Self-Determination and Education Assistance Act Regulations and the Indian Tribe Energy Self-Determination Act.
The Final Rule was jointly issued by the Department of the Interior (Commissioner of Indian Affairs) and the Department of Health and Human Services (Indian Health Service), establishing the regulatory framework through which tribes exercise self-determination contracting authority.
Congressional Policy — The Nine "WHEREAS" Clauses
Congress declared the following policy principles as the foundation of the Act:
WHEREAS (1): Congress recognized the obligation to respond to the strong expression of the Indian people for self-determination by assuring maximum Indian participation in the direction, planning, conduct and administration of educational and other Federal programs.
WHEREAS (2): Congress declared its commitment to the maintenance of the Federal Government's unique and continuing relationship with Indian tribes, establishing a meaningful Indian self-determination policy permitting an orderly transition from Federal domination to effective and meaningful participation by the Indian people.
WHEREAS (3): A major national goal is to provide quality educational services and opportunities for Indian children to compete and excel, achieving the measure of self-determination essential to their social and economic well-being.
WHEREAS (4): Programs contracted under the Act shall include administrative functions of DOI and HHS that support the delivery of services to Indians, contractible without regard to organizational level.
WHEREAS (5): Each provision of the Act shall be liberally construed for the benefit of the tribes or tribal organizations to transfer funding and related functions.
WHEREAS (6): The 1994 amendments aimed to minimize reporting requirements for Tribal Contractors and eliminate excessive and burdensome reporting.
WHEREAS (7): There shall be no threshold issues which would avoid the declination, contract review, approval, and appeal process.
WHEREAS (8): All self-determination contract proposals must be supported by the resolution of an Indian tribe(s).
WHEREAS (9): Savings resulting from tribal contracting shall be made available for the provision of additional services to program beneficiaries.
ATN Resolution — Cost Principles (Resolution A13180)
| Type of Tribal Organization | Applicable OMB Cost Circular |
|---|---|
| Tribal Government, University, Revocation Projects, Programs | OMB A-87, "Cost Principles for State, Local and Indian Tribal Governments" |
| Tribal Federal non-profit (other than higher education, hospital, or OMB Circular-named organization) | OMB A-122, "Cost Principles for Non-Profit Organizations" — upon project negotiation and allocation |
| Tribal Educational Institution (Law Enforcement, Cultural, Industrial, Research, Child Welfare, Energy Innovations) | OMB A-21, "Cost Principles for Educational Institutions" — single or multiple projection per Master Plan |
Contractor Policies (Section 107)
The Act establishes 11 key contractor policies governing the relationship between federal agencies and tribal contractors:
(1) Facilitate tribal efforts to plan, conduct and administer programs authorized for the benefit of Indians
(2) Encourage tribes to become increasingly knowledgeable about available federal programs
(3) Provide uniform and consistent rules designed to facilitate and encourage tribal participation
(4) Recognize that contracting is an exercise of the government-to-government relationship
(5) Tribal decisions to contract or not to contract are equal expressions of self-determination
(6) Maintain consultation with tribal governments in budget processes for IHS and BIA
(7) Extend Indian Self-Determination contracting to all operational components within the Agency
(8) Contractibility of programs shall be encouraged; federal laws interpreted to facilitate tribal inclusion
(9) Timely transfer of responsibilities and funding upon receipt of contract proposal
(10) Make available to tribes all administrative functions that may lawfully be contracted
(11) Regulations shall be liberally construed for the benefit of Indian tribes and tribal organizations to effectuate the strong Federal policy of self-determination
Effect on Existing Tribal Rights (Sec. 900.4)
Nothing in these regulations shall be construed as:
(a) Affecting, modifying, diminishing, or otherwise impairing the sovereign immunity of suit enjoyed by Indian tribes
(b) Terminating, waiving, modifying, or reducing the trust responsibility of the United States to the Indian tribe(s) or individual Indians
(c) Mandating an Indian tribe to apply for a contract(s) or grant(s)
(d) Impeding awards by other Departments and agencies of the United States to Indian tribes to administer Indian programs under any other applicable law
Financial Management Standards (Sec. 900.45)
An Indian tribe's or tribal organization's financial management system must include provisions for seven elements:
Financial Reports
Accurate, current, and complete disclosure of financial results, including completed SF 269A reports
Accounting Records
Sufficiently detailed to identify source and application of contract funds
Internal Controls
Effective control and accountability for all self-determination contract funds and Federal property
Budget Controls
Comparison of actual expenditures with budgeted amounts for each contract
Allowable Costs
Sufficient to determine reasonableness and accountability based on applicable OMB cost principles
Source Documentation
Accounting records supported by canceled checks, paid bills, payroll records, purchase orders
Cash Management
Accurate, current, and complete disclosure of cash revenues, disbursements, cash-on-hand balances, and obligations
Key principle: An Indian tribe shall expend and account for contract funds in accordance with tribal laws, regulations, and procedures. A tribal organization shall expend and account for contract funds in accordance with the procedures of the tribal organization.
Significance for Agency Tribal Nations
P.L. 93-638 is the legal foundation for ATN's self-governance. It recognizes that tribal nations have the inherent right to administer their own programs and that the federal government's role is to support — not dominate — tribal self-determination.
Combined with ATN's sovereignty under the 1856 Mendocino Indian Reservation establishment by President Franklin Pierce, the Self-Determination Act provides the contractual framework for ATN to exercise governmental functions including:
- Law enforcement and tribal justice administration
- Education and workforce training programs
- Energy development and resource management
- Health services and cultural preservation
- Environmental stewardship and land management