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 Introduce self: Name, position, background, etc. The presentation is a very brief description of the CSKT’s experience in negotiating for operation of the IIM Program, or Beneficiary Processes Program as it was renamed by OST The CSKT has operated the program since 1996

Historical Background This photo is of traditional leaders in the 1920’s prior to the adoption of the CSKT Constitution. In the center is Kootenai chief Kustata and to the right of him, Salish chief Martin Charlo. The chiefs were granted “honorary” membership in the newly elected Tribal Council in 1935, and upon their deaths, there were no successors.

The Past Shall Define the Future Since the late 1700s the Seliš, Ksanka, and Qlispe were historically peaceful and accommodating of non-tribal encroachment into their homeland The Seliš 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 Our people first encountered Non-Indians in the 1700s The Bitterroot Salish, Qlispe, and Ksanka (Standing Arrow Band of Kootenai) people had occupied territory in western Montana since time immemorial The tribes were generally friendly to the incoming non-natives; no major wars waged The tribes consented to the 1855 Hellgate Treaty largely as a means of defending ourselves from larger enemy tribes The Flathead Reservation’s rich resources quickly attracted non-natives The original Reservation was greatly diminished by Flathead Allotment Act and Homestead Act; individual allotments were sold; our tribal people were impoverished and becoming assimilated By 1935 the Indian Reorganization Act began to turn the tide In October 1935 the CSKT adopted its constitution under the provisions of the IRA

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 For only 50 years our tribes enjoyed the exclusive benefit of our reserved homeland. Continual encroachment by non-Indians led to the opening of the Reservation and subsequent loss of lands and resources. For the last century, the CSKT has aggressively purchased back its lost lands. At present, 60% of the Reservation is in Tribal trust ownership.

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 Between 1935 and 1977, the CSKT was able to develop and maintain a modern governing structure. This enabled it to successfully manage federally-funded programs under 638 contracts from the very beginning. By 1993, the CSKT was well-positioned to begin operating under self-governance.

Winter 2014 – Qlewqn Moqʷs (Beaverhead Peak) Timberlane Road is part of the CSKT’s 419.5 miles of Tribal Transportation inventory. In the foreground, powerlines are part of the Mission Valley Power electric utility that is managed under 638 contract. Qlewqn Moqʷs 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. A beautiful photograph comprises diverse trust resources under management of the CSKT: trust lands and forests served by a secondary road.

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 The CSKT was concerned that trust reform may hinder the progress it had made in operating trust functions under self-governance. Unfortunately, the demonstration project was never funded in the manner it was envisioned.

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. The Trust Reform Act of 1994, while it sought to improve accountability and management of fiduciary trust functions, was in conflict with self-determination in that it diminished the tribes’ opportunities to redesign the program.

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