Support for legislation expanding tribal self-governance in the department of health and human services

WHEREAS, the National Indian Health Board (NIHB), established in 1972, serves all federally recognized American Indian/Alaska Native (AI/AN) Tribal governments by advocating for the improvement of health, behavioral health, and public health services to AI/ANs and the fulfillment of the federal government’s trust responsibility to AI/AN Tribal governments; and

WHEREAS, NIHB seeks to reinforce the sovereign rights of all federally recognized Tribal governments, to promote the highest levels of health for AI/AN people, and to advise the Federal government in the development of responsible health care and public health policy; and

WHEREAS, federal trust and treaty obligations are the result of the millions of acres of land and extensive resources ceded to the United States—oftentimes by force— in exchange for which it is legally and morally obligated to provide benefits and services in perpetuity, as well as uphold Tribal sovereignty, Self-Determination, and Self Governance; and

WHEREAS, the Indian Self-Determination and Education Assistance Act (ISDEAA) authorizes Tribes and Tribal organizations to be funded by the Federal government to provide services that the Federal government would otherwise be obligated to provide due to the trust and treaty obligations of the United States; and

WHEREAS, other methods of federal funding, such as grants, treat Tribes as not-for profits instead of sovereign governments and create unnecessary barriers to services provided in fulfillment of perpetual trust and treaty obligations; and

WHEREAS, Self-Determination and Self-Governance under the ISDEAA have led to a significant improvement in the daily lives of American Indians and Alaska Natives because Tribes are more accountable and responsive to our people; and

WHEREAS, the success of the ISDEAA prompted Congress in 2000 to establish permanent Tribal Self-Governance in the Indian Health Service (IHS) in Title V of the ISDEAA; and

WHEREAS, Title V authorizes participating Tribes to redesign IHS programs, and redirect funds supporting those programs, in any manner that the Tribes determine is in the best interest of their communities, upholding Tribal sovereignty and Self-Determination, and better reflecting the diplomatic relationship between the U.S. and Tribes; and