Negotiating with OST for Beneficiary Processes Program by CSKT Tribal Council
The Confederated Salish and Kootenai Tribes of the Flathead Reservation have a rich historical background stemming from the late 1700s, leading to the present self-governance initiatives. The past, defined by treaties and allotment acts, influences the tribe's future endeavors, including negotiating with the OST for beneficiary processes programs. From resilience in the face of historical challenges to embracing self-governance since 1988, the CSKT continues to navigate a path of autonomy and empowerment.
- CSKT Tribal Council
- Negotiating with OST
- Beneficiary Processes Program
- Self-Governance
- Historical Background
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NEGOTIATING WITH OST FOR BENEFICIARY PROCESSES PROGRAM The Confederated Salish and Kootenai Tribes of the Flathead Reservation Presented by Shelly Fyant, CSKT Tribal Council April 26, 2018 Albuquerque, NM
The Past Shall Define the Future Since the late 1700s the Selis , Ksanka, and Qlispe were historically peaceful and accommodating of non-tribal encroachment into their homeland The Selis sought Jesuit missionaries in response to the prophecy of Shining Shirt, and in 1841 a mission was established by Father DeSmet in the Bitterroot Valley The 1855 Hellgate Treaty was agreed to by the three tribes as a guarantee of protection from enemy tribes and insurance of a perpetual homeland The abundant resources of the new Flathead Indian Reservation would soon become a great attraction for non-tribal people and their economic interests
From 1855 Hellgate Treaty to 1934 IRA The 1904 Flathead Allotment Act (33 Stat. 305, Chapter 1495) and 1908 amendments to the Flathead Allotment Act for irrigation construction (35 Stat. 450, Chapter 216) greatly impacted the original 1.25 million acre Reservation, and set the stage for the next century of disputes between the CSKT and its non-Indian opponents Tribal culture was negatively impacted by displacement of language, values, and traditions Tribal records reflect that by the adoption of the Tribes constitution in October 1935, the original land base had been reduced to just over 400,000 acres due to sale or loss of lands to fee status
Self-Governance, 1988 to present Since 1977, the CSKT had been actively contracting BIA and IHS programs under ISDEAA 1977 to 1993 - PL 638 contracts for Education and Employment Assistance, Social Services, Law Enforcement, Tribal Court, Rights Protection, Wildlife, Mission Valley Power, Agriculture and Real Estate Services, Health Education, and Public Health Nursing In 1988, the CSKT was designated one of the original self- governance tribes in the Self-Governance Demonstration Project (P.L. 100-472) In 1989, the CSKT began internal study of BIA and IHS programs and their potential redesign In 1993, the CSKT compacted almost all PFSAs of BIA, and all PFSAs of the IHS Service Unit 1994, 1995 and 1996 - Additional PFSAs of Roads, Forestry, Wildland Fire, Title Plant, and IIM Accounts were assumed. FY 2018 annual funding of $10 million BIA and $27 million IHS (base and recurring); 300 FTE s total in BIA and IHS funding agreements
Winter 2014 QlewqnMoq s (Beaverhead Peak) Timberlane Road is part of the CSKT s 419.5 miles of Tribal Transportation inventory. inventory. In the foreground, powerlines are part of the Mission Valley Power electric utility that is managed under 638 contract. Qlewqn Moq s is part of the Mission Mountain Wilderness and Buffer Zone, an area actively managed by the Tribal Wildlife Program for grizzly bears and other wildlife.
Two Decades After the American Indian Trust Fund Management Reform Act of 1994 As the Department of the Interior begin reorganizing the management of trust functions, four self-governance tribes-- CSKT, Chippewa-Cree, Salt River Pima-Maricopa, and Hoopa- -sought distinct status via Section 139 of the FY 2004 Interior and Related Appropriations Act which required the aforementioned tribes to demonstrate to the satisfaction of the Secretary of the Interior that they have the capability to carry out their responsibilities under the same fiduciary standards as those to which the Secretary of the Interior is held. (117 Stat. 1242) CSKT s success in operating trust PFSAs had prepared it to successfully undergo Trust Evaluations through FY 2015 The CSKT is the only tribe in the nation to operate its own Title Plant The CSKT is one of two tribes in the nation to have a MOU with OST for Individual Indian Money (IIM) account transactions CSKT volunteered in 2014 to be one of the pilot tribes to test the new evaluation methodology being developed by OST
Trust Reform versus ISDEAA In 1996 the CSKT assumed the Beneficiary Processes Program, commonly known as Individual Indian Money (IIM) Accounts. In CSKT s experience, there has been little opportunity to redesign the program. The current MOU commits the CSKT to operate the functions the same as if it were operated by OST, and formerly, the BIA. The CSKT s use of a multi-year funding agreement (MYFA) has carried forward the original MOU rather than negotiating with OST each year.
Fulfilling Trust Responsibilities to our Trust Beneficiaries The Beneficiary Processes Program is operated under a Memorandum of Understanding with OST that prescribes the requirements for processing Individual Indian Money (IIM) account transactions Two full-time accounting technicians provide services to over 5,000 trust beneficiaries An average of 2,000 account transactions annually are performed (2011 report) Functions have been reviewed as satisfactory in all trust evaluations through FY 2015 (FY 2016 and FY 2017 are awaiting implementation of new trust evaluation methodology this year)
Contact Information Ronald Trahan, Chairman Tribal Council of The Confederated Salish and Kootenai Tribes PO Box 278, Pablo MT 59855 406-675-2700 extension 1007 Ron.Trahan@cskt.org www.csktribes.org Ruth Swaney, Self-Governance Coordinator 406-675-2700 extension 1034 Ruth.Swaney@cskt.org
