The Indian Self-Determination and Education Assistance Act (ISDEAA), Public Law 93-638, has provided Tribes the ability to improve federal program efficiency and impact for more than 50 years. However, food and agricultural programs have largely been left out. The next Farm Bill could change that and extend opportunities for Tribes to enhance U.S. Department of Agriculture (USDA) programs. 

What is “638” 

Through this legislation, Tribes can choose to increase Tribal control of federal program administration of programs and services through two methods:

• Self-Determination Contracts (also known as 638 contracts);  

• Self-Governance Compacts.  

The contracts and compacts have different meanings. In order for a Tribe to secure a compact to deliver federal programs, it first must successfully administer a 638 contract for three years. Once accomplished, the Tribe negotiates the compact’s parameters with the federal government.  

A compact allows a Tribe more flexibility and less federal oversight than a 638 contract does.  

Many Tribes utilize the law to forge these kinds of agreements with the U.S. Department of Interior (DOI). As of March 2024, DOI reported just under 3,200 ISDEAA agreements. Five hundred twenty-six Tribes had 638 contracts and 292 out of 574 Tribes had self-governance compacts. Many of these agreements are negotiated through the DOI’s Bureau of Indian Affairs Office of Self-governance. 

Since the passage of ISDEEA, Congress has extended self-determination and self-governance authorities, to varying degrees, to other federal departments through additional pieces of legislation. These departments include the Department of Transportation, the Department of Housing and Urban Development, the Department of Labor, and the USDA through the 2018 Farm Bill. This legislation included two pilot programs within the Food and Nutrition Service and the Forest Service. 

Food Distribution Program on Indian Reservations Self-Determination (FDPIR) Demonstration Project 

The 16 Tribes participating in a USDA pilot procure select products for the FDPIR package for themselves.  

This has allowed them to use more traditional and local products, as well as help build resilience in their program when supply chain issues arise. 

Extension of Good Neighbor Authority 

Through the 2018 Farm Bill, Tribes are now eligible participants for the Good Neighbor Authority. Through this authority, Tribes can enter into agreements with the USDA Forest Service to manage and restore national forests. 

What’s next 

USDA does not currently have an office of self-governance, meaning BIA’s remains the administrative office USDA pilot project Tribes work with on their 638 agreements. One of the Native Farm Bill Coalition priorities for the next Farm Bill is for the department to create its own office for expanded 638 programs. 

In the Native Farm Bill Coalition’s  Gaining Ground report highlights opportunities in which the Farm Bill can expand Tribal self-governance and self-determination, giving Tribes greater tools to enhance America’s food and agriculture security. 

For more information on the Farm Bill’s use of Tribal self-governance and self-determination, check out IFAI’s resources here. 

To learn more about 638 possibilities in federal departments and how Tribes are using the authority to develop their governments, services and communities, the Self-Governance Communication and Education Tribal Consortium is a great resource at tribalselfgov.org