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] ...


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                  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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