Today, the Subcommittee on Indian and Insular Affairs held an oversight hearing on supporting tribal self-determination through the 638 contracting program. Subcommittee Chair Harriet Hageman (R-Wyo.) issued the following statement in response: 

These self-determination contracts and self-governance compacts reaffirm a tribe’s sovereignty. By running a program, tribes increase their institutional knowledge and find more flexibility in molding a program to fit the needs of their tribal members and their communities. Each tribe is uniquely situated within their communities, their culture, and their history. Tribal governments already seek to make the best decisions for their members, for their social, cultural, and economic security. The subcommittee’s role is to continue to give tribal leaders a platform to advocate for changes that will best support tribes.

Background

Since the 1970s, the U.S. has implemented a policy of self-determination for Indian tribes and enacted legislation to support self-determination contracts and self-governance compacts with the federal government to run certain federal programs that serve tribal members. Collectively, these authorities are commonly referred to as the 638 program. Tribes participating in the 638 program have found that they are able to tailor federal programs to better serve tribal members, make more efficient use of funds, build tribal management capacity, and encourage tribal workforce development. However, the program still has room for improvement, particularly in addressing issues related to closing out contracts and compacts, addressing additional audit initiatives and implementing other innovative solutions to ensure the program continues to grow.

In today’s hearing, committee members discussed these issues and questioned a panel of knowledgeable witnesses about how the 638 program is performing and opportunities to grow the program, and what statutory changes are necessary to improve self-determination and promote increased access to the program.