What are 638 contracts and how they work

But a landmark piece of legislation in the 1970s changed this dynamic. It empowered tribes to take control of their affairs. This is where 638 contracts come in.

“638 contracts” is shorthand for the Indian Self-Determination and Education Assistance Act, also known as Public Law 93-638 or ISDEAA. This act represents a major shift in federal Indian policy.

These agreements allow federally recognized tribes to manage programs and services previously run by the federal government, including programs from the Bureau of Indian Affairs and the Indian Health Service.

This explainer will explore the details of 638 contracts. We’ll look at how they function, their benefits and drawbacks, and their impact on tribal communities. This shift began with the Indian Self-Determination and Education Assistance Act of 1975, moving away from the failed termination policies and toward a new era of tribal self-governance.

What are 638 Contracts?

The Indian Self-Determination and Education Assistance Act is the foundation of tribal self-governance. It fundamentally changed how the U.S. government interacts with tribes.

The act’s core purpose is simple: for tribes to assume control of federal programs designed to serve them.

A 638 contract is the legal mechanism for this transfer of authority. It’s a formal agreement between a tribal government and a federal agency, transferring the responsibility for administering programs and services from the federal government to the tribe.

It’s important to note that the Indian Self-Determination and Education Assistance Act encompasses multiple titles. Although “638 contracts” typically refer to Title I’s self-determination contracts, the law also created Title IV for tribal self-governance in the Department of the Interior and Title V for self-governance in the Indian Health Service.

These provisions establish what are known as “self-governance compacts.” They differ from Title I agreements by offering tribes broader autonomy and less federal oversight.

These contracts cover a wide range of programs, including:

• Bureau of Indian Affairs programs: These cover areas such as education, social services, and law enforcement.
• Indian Health Service programs include healthcare delivery, hospitals, and clinics.
• Programs from other federal agencies: This can include agencies like Housing and Urban Development and the Department of Transportation.

While tribes can assume programs from agencies beyond BIA and IHS, some agreements may be governed by separate legislation or formal instruments and not strictly termed “638 contracts.” However, the underlying principle of tribal control and autonomy remains consistent.

What are the Benefits of 638 Contracts?

The most significant benefit is increased tribal sovereignty. Tribes gain greater control over their affairs and can design and implement programs that better serve their communities.

Local control often leads to improved service delivery. Tribes understand the unique needs of their members and can tailor services accordingly, leading to more effective and culturally relevant programs.

638 contracts can also stimulate economic development within tribal communities. By managing programs locally, tribes can create jobs and build capacity within their workforce.

What are the Challenges of 638 Contracts?

While 638 contracts offer many advantages, they also present challenges. Tribes often face administrative burdens navigating complex federal regulations and reporting requirements, which often require dedicated staff with specialized expertise.

Funding can also be a challenge. Budgetary constraints and potential funding shortfalls can impact a tribe’s ability to deliver services effectively.

It’s important to understand that while ISDEAA obligates federal agencies to fund tribal programs adequately, underfunding remains a perennial challenge often rooted in annual congressional appropriations.

What is the Impact of 638 Contracts on Tribal Communities?

These contracts represent a critical step in reclaiming tribal sovereignty and provide a mechanism for communities to exercise their inherent rights to self-determination.

By controlling their programs, tribes can more effectively address community needs. This includes health, education, and social services, allowing for solutions rooted in traditional knowledge and community values.

These contracts support the revitalization and preservation of culture and traditions. Tribes can ensure that their cultural values and practices are woven into the fabric of program delivery, strengthening cultural identity and continuity.

These contracts also boost tribal economies. The National Congress of American Indians points out that they create jobs and strengthen financial stability within tribal communities.

638 agreements also contribute to long-term nation-building.

The Native Nations Institute highlights how managing these programs allows tribes to build capacity and strengthen their governance structures. This lays a solid foundation for future generations by focusing on:

• Effective Governing Institutions: 638 contracts empower tribes to develop and refine their governmental systems, including legislative, executive, and judicial branches, tailored to their specific needs and traditions.
• Separation of Politics and Administration: By managing programs directly, tribes can establish professional administrative structures less susceptible to political influence, promoting efficiency and accountability.
• Cultural Match: NNI emphasizes aligning governance structures and program delivery with tribal culture and values. 638 contracts facilitate this by allowing tribes to integrate their unique cultural context into their programs.

Where Can I Find More Information About 638 Contracts?

Tribal organizations and advocacy groups, such as the National Congress of American Indians, the National Indian Health Board, and the First Nations Development Institute, also offer valuable information and resources, providing insights from the tribal perspective.

The Bureau of Indian Affairs and the Indian Health Service websites are good starting points for federal programs and services information.

Academic and research institutions conduct studies and publish reports on tribal self-governance and 638 contracting. These resources can offer in-depth analysis. One prominent example is the Native Nations Institute at the University of Arizona.