Home > 106th Congressional Bills > H.R. 1167 (eh) To amend the Indian Self-Determination and Education Assistance Act to provide for further self-governance by Indian tribes, and for other purposes. [Engrossed in House] ...H.R. 1167 (eh) To amend the Indian Self-Determination and Education Assistance Act to provide for further self-governance by Indian tribes, and for other purposes. [Engrossed in House] ...
In the Senate of the United States,
April 4, 2000.
Resolved, That the bill from the House of Representatives (H.R.
1167) entitled ``An Act to amend the Indian Self-Determination and
Education Assistance Act to provide for further self-governance by
Indian tribes, and for other purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Self-Governance Amendments of
2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the tribal right of self-government flows from the
inherent sovereignty of Indian tribes and nations;
(2) the United States recognizes a special government-to-
government relationship with Indian tribes, including the right
of the Indian tribes to self-governance, as reflected in the
Constitution, treaties, Federal statutes, and the course of
dealings of the United States with Indian tribes;
(3) although progress has been made, the Federal
bureaucracy, with its centralized rules and regulations, has
eroded tribal self-governance and dominates tribal affairs;
(4) the Tribal Self-Governance Demonstration Project,
established under title III of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450f note) was designed
to improve and perpetuate the government-to-government
relationship between Indian tribes and the United States and to
strengthen tribal control over Federal funding and program
management;
(5) although the Federal Government has made considerable
strides in improving Indian health care, it has failed to fully
meet its trust responsibilities and to satisfy its obligations
to the Indian tribes under treaties and other laws; and
(6) Congress has reviewed the results of the Tribal Self-
Governance Demonstration Project and finds that transferring
full control and funding to tribal governments, upon tribal
request, over decision making for Federal programs, services,
functions, and activities (or portions thereof)--
(A) is an appropriate and effective means of
implementing the Federal policy of government-to-
government relations with Indian tribes; and
(B) strengthens the Federal policy of Indian self-
determination.
SEC. 3. DECLARATION OF POLICY.
It is the policy of Congress--
(1) to permanently establish and implement tribal self-
governance within the Department of Health and Human Services;
(2) to call for full cooperation from the Department of
Health and Human Services and its constituent agencies in the
implementation of tribal self-governance--
(A) to enable the United States to maintain and
improve its unique and continuing relationship with,
and responsibility to, Indian tribes;
(B) to permit each Indian tribe to choose the
extent of its participation in self-governance in
accordance with the provisions of the Indian Self-
Determination and Education Assistance Act relating to
the provision of Federal services to Indian tribes;
(C) to ensure the continuation of the trust
responsibility of the United States to Indian tribes
and Indian individuals;
(D) to affirm and enable the United States to
fulfill its obligations to the Indian tribes under
treaties and other laws;
(E) to strengthen the government-to-government
relationship between the United States and Indian
tribes through direct and meaningful consultation with
all tribes;
(F) to permit an orderly transition from Federal
domination of programs and services to provide Indian
tribes with meaningful authority, control, funding, and
discretion to plan, conduct, redesign, and administer
programs, services, functions, and activities (or
portions thereof) that meet the needs of the individual
tribal communities;
(G) to provide for a measurable parallel reduction
in the Federal bureaucracy as programs, services,
functions, and activities (or portion thereof) are
assumed by Indian tribes;
(H) to encourage the Secretary to identify all
programs, services, functions, and activities (or
portions thereof) of the Department of Health and Human
Services that may be managed by an Indian tribe under
this Act and to assist Indian tribes in assuming
responsibility for such programs, services, functions,
and activities (or portions thereof); and
(I) to provide Indian tribes with the earliest
opportunity to administer programs, services,
functions, and activities (or portions thereof) from
throughout the Department of Health and Human Services.
SEC. 4. TRIBAL SELF-GOVERNANCE.
The Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.) is amended by adding at the end the following:
``TITLE V--TRIBAL SELF-GOVERNANCE
``SEC. 501. DEFINITIONS.
``(a) In General.--In this title:
``(1) Construction project.--The term `construction
project'--
``(A) means an organized noncontinuous undertaking
to complete a specific set of predetermined objectives
for the planning, environmental determination, design,
construction, repair, improvement, or expansion of
buildings or facilities, as described in a construction
project agreement; and
``(B) does not include construction program
administration and activities described in paragraphs
(1) through (3) of section 4(m), that may otherwise be
included in a funding agreement under this title.
``(2) Construction project agreement.--The term
`construction project agreement' means a negotiated agreement
between the Secretary and an Indian tribe, that at a minimum--
``(A) establishes project phase start and
completion dates;
``(B) defines a specific scope of work and
standards by which it will be accomplished;
``(C) identifies the responsibilities of the Indian
tribe and the Secretary;
``(D) addresses environmental considerations;
``(E) identifies the owner and operations and
maintenance entity of the proposed work;
``(F) provides a budget;
``(G) provides a payment process; and
``(H) establishes the duration of the agreement
based on the time necessary to complete the specified
scope of work, which may be 1 or more years.
``(3) Gross mismanagement.--The term `gross mismanagement'
means a significant, clear, and convincing violation of a
compact, funding agreement, or regulatory, or statutory
requirements applicable to Federal funds transferred to an
Indian tribe by a compact or funding agreement that results in
a significant reduction of funds available for the programs,
services, functions, or activities (or portions thereof)
assumed by an Indian tribe.
``(4) Inherent federal functions.--The term `inherent
Federal functions' means those Federal functions which cannot
legally be delegated to Indian tribes.
``(5) Inter-tribal consortium.--The term `inter-tribal
consortium' means a coalition of 2 or more separate Indian
tribes that join together for the purpose of participating in
self-governance, including tribal organizations.
``(6) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(7) Self-governance.--The term `self-governance' means
the program of self-governance established under section 502.
``(8) Tribal share.--The term `tribal share' means an
Indian tribe's portion of all funds and resources that support
secretarial programs, services, functions, and activities (or
portions thereof) that are not required by the Secretary for
performance of inherent Federal functions.
``(b) Indian Tribe.--In any case in which an Indian tribe has
authorized another Indian tribe, an inter-tribal consortium, or a
tribal organization to plan for or carry out programs, services,
functions, or activities (or portions thereof) on its behalf under this
title, the authorized Indian tribe, inter-tribal consortium, or tribal
organization shall have the rights and responsibilities of the
authorizing Indian tribe (except as otherwise provided in the
authorizing resolution or in this title). In such event, the term
`Indian tribe' as used in this title shall include such other
authorized Indian tribe, inter-tribal consortium, or tribal
organization.
``SEC. 502. ESTABLISHMENT.
``The Secretary shall establish and carry out a program within the
Indian Health Service of the Department of Health and Human Services to
be known as the `Tribal Self-Governance Program' in accordance with
this title.
``SEC. 503. SELECTION OF PARTICIPATING INDIAN TRIBES.
``(a) Continuing Participation.--Each Indian tribe that is
participating in the Tribal Self-Governance Demonstration Project under
title III on the date of enactment of this title may elect to
participate in self-governance under this title under existing
authority as reflected in tribal resolution.
``(b) Additional Participants.--
``(1) In general.--In addition to those Indian tribes
participating in self-governance under subsection (a), each
year an additional 50 Indian tribes that meet the eligibility
criteria specified in subsection (c) shall be entitled to
participate in self-governance.
``(2) Treatment of certain indian tribes.--
``(A) In general.--An Indian tribe that has
withdrawn from participation in an inter-tribal
consortium or tribal organization, in whole or in part,
shall be entitled to participate in self-governance
provided the Indian tribe meets the eligibility
criteria specified in subsection (c).
``(B) Effect of withdrawal.--If an Indian tribe has
withdrawn from participation in an inter-tribal
consortium or tribal organization, that Indian tribe
shall be entitled to its tribal share of funds
supporting those programs, services, functions, and
activities (or portions thereof) that the Indian tribe
will be carrying out under the compact and funding
agreement of the Indian tribe.
``(C) Participation in self-governance.--In no
event shall the withdrawal of an Indian tribe from an
inter-tribal consortium or tribal organization affect
the eligibility of the inter-tribal consortium or
tribal organization to participate in self-governance.
``(c) Applicant Pool.--
``(1) In general.--The qualified applicant pool for self-
governance shall consist of each Indian tribe that--
``(A) successfully completes the planning phase
described in subsection (d);
``(B) has requested participation in self-
governance by resolution or other official action by
the governing body of each Indian tribe to be served;
and
``(C) has demonstrated, for 3 fiscal years,
financial stability and financial management
capability.
``(2) Criteria for determining financial stability and
financial management capacity.--For purposes of this
subsection, evidence that, during the 3-year period referred to
in paragraph (1)(C), an Indian tribe had no uncorrected
significant and material audit exceptions in the required
annual audit of the Indian tribe's self-determination contracts
or self-governance funding agreements with any Federal agency
shall be conclusive evidence of the required stability and
capability.
``(d) Planning Phase.--Each Indian tribe seeking participation in
self-governance shall complete a planning phase. The planning phase
shall be conducted to the satisfaction of the Indian tribe and shall
include--
``(1) legal and budgetary research; and
``(2) internal tribal government planning and
organizational preparation relating to the administration of
health care programs.
``(e) Grants.--Subject to the availability of appropriations, any
Indian tribe meeting the requirements of paragraph (1) (B) and (C) of
subsection (c) shall be eligible for grants--
``(1) to plan for participation in self-governance; and
``(2) to negotiate the terms of participation by the Indian
tribe or tribal organization in self-governance, as set forth
in a compact and a funding agreement.
``(f) Receipt of Grant Not Required.--Receipt of a grant under
subsection (e) shall not be a requirement of participation in self-
governance.
``SEC. 504. COMPACTS.
``(a) Compact Required.--The Secretary shall negotiate and enter
into a written compact with each Indian tribe participating in self-
governance in a manner consistent with the Federal Government's trust
responsibility, treaty obligations, and the government-to-government
relationship between Indian tribes and the United States.
``(b) Contents.--Each compact required under subsection (a) shall
set forth the general terms of the government-to-government
relationship between the Indian tribe and the Secretary, including such
terms as the parties intend shall control year after year. Such
compacts may only be amended by mutual agreement of the parties.
``(c) Existing Compacts.--An Indian tribe participating in the
Tribal Self-Governance Demonstration Project under title III on the
date of enactment of this title shall have the option at any time after
the date of enactment of this title to--
``(1) retain the Tribal Self-Governance Demonstration
Project compact of that Indian tribe (in whole or in part) to
the extent that the provisions of that funding agreement are
not directly contrary to any express provision of this title;
or
``(2) instead of retaining a compact or portion thereof
under paragraph (1), negotiate a new compact in a manner
consistent with the requirements of this title.
``(d) Term and Effective Date.--The effective date of a compact
shall be the date of the approval and execution by the Indian tribe or
another date agreed upon by the parties, and shall remain in effect for
so long as permitted by Federal law or until terminated by mutual
written agreement, retrocession, or reassumption.
``SEC. 505. FUNDING AGREEMENTS.
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