Home > 106th Congressional Bills > H.R. 1167 (enr) To amend the Indian Self-Determination and Education Assistance Act to provide for further self-governance by Indian tribes, and for other purposes. [Enrolled bill] ...

H.R. 1167 (enr) To amend the Indian Self-Determination and Education Assistance Act to provide for further self-governance by Indian tribes, and for other purposes. [Enrolled bill] ...


Google
 
Web GovRecords.org


106th CONGRESS

  1st Session

                               H. R. 1167

_______________________________________________________________________

                                 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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                H. R. 1167

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tribal Self-Governance Amendments of 
1999''.

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 to--
            (1) permanently establish and implement tribal self-
        governance within the Department of Health and Human Services;
            (2) 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 portions 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 new 
titles:

                   ``TITLE V--TRIBAL SELF-GOVERNANCE

``SEC. 501. ESTABLISHMENT.

    ``The Secretary of Health and Human Services 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. 502. DEFINITIONS.

    ``(a) In General.--For purposes of this title--
            ``(1) the term `construction project' 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. The term `construction project' 
        does not mean construction program administration and 
        activities described in paragraphs (1) through (3) of section 
        4(m), which may otherwise be included in a funding agreement 
        under this title;
            ``(2) the term `construction project agreement' means a 
        negotiated agreement between the Secretary and an Indian tribe 
        which 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/
                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) the term `inherent Federal functions' means those 
        Federal functions which cannot legally be delegated to Indian 
        tribes;
            ``(4) the term `inter-tribal consortium' means a coalition 
        of two or more separate Indian tribes that join together for 
        the purpose of participating in self-governance, including, but 
        not limited to, a tribal organization;
            ``(5) the term `gross mismanagement' means a significant, 
        clear, and convincing violation of compact, funding agreement, 
        or regulatory, or statutory requirements applicable to Federal 
        funds transferred to a 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;
            ``(6) the term `tribal shares' 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;
            ``(7) the term `Secretary' means the Secretary of Health 
        and Human Services; and
            ``(8) the term `self-governance' means the program 
        established pursuant to section 501.
    ``(b) Indian Tribe.--Where 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. 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 the enactment of this title may elect to 
participate in self-governance under this title under existing 
authority as reflected in tribal resolutions.
    ``(b) Additional Participants.--
            ``(1) 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)(A) 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) If an Indian tribe has withdrawn from participation 
        in an inter-tribal consortium or tribal organization, it shall 
        be entitled to its tribal share of funds supporting those 
        programs, services, functions, and activities (or portions 
        thereof) that it will be carrying out under its compact and 
        funding agreement.
            ``(C) 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.--The qualified applicant pool for self-
governance shall consist of each Indian tribe that--
            ``(1) successfully completes the planning phase described 
        in subsection (d);
            ``(2) has requested participation in self-governance by 
        resolution or other official action by the governing body (or 
        bodies) of the Indian tribe or tribes to be served; and
            ``(3) has demonstrated, for the previous 3 fiscal years, 
        financial stability and financial management capability.
Evidence that during such years the 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 shall be conclusive evidence of the required 
stability and capability for the purposes of this subsection.
    ``(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 paragraphs (2) and (3) 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.

Pages: 1 2 3 4 5 Next >>

Other Popular 106th Congressional Bills Documents:

1 H.R. 3122 (enr) To permit the enrollment in the House of Representatives Child Care Center of children of Federal employees who are not employees of the legislative branch. [Enrolled bill] ...
2 H.R. 15 (enr) To designate a portion of the Otay Mountain region of California as wilderness. [Enrolled bill] ...
3 H.R. 98 (rh) To amend chapter 443 of title 49, United States Code, to extend the aviation war risk insurance program. [Reported in House] ...
4 H.R. 468 (ih) To establish the Saint Helena Island National Scenic Area. [Introduced in House] ...
5 S. 2052 (is) To establish a demonstration project to authorize the integration and coordination of Federal funding dedicated to community, business, and the economic development of Native American communities. [Introduced in Senate] ...
6 H.R. 1036 (ih) To amend the Outer Continental Shelf Lands Act to direct the Secretary of the Interior to cease mineral leasing activity on submerged land of the Outer Continental Shelf that is adjacent to a coastal State that has declared a moratorium on...
7 H.R. 840 (ih) To amend the Immigration and Nationality Act to permit the admission to the United States of nonimmigrant students and visitors who are the spouses and children of United States permanent resident aliens, and for other purposes. [Introduced...
8 S. 1697 (rs) To authorize the Secretary of the Interior to refund certain collections received pursuant to the Reclamation Reform Act of 1982. [Reported in Senate] ...
9 H.R. 64 (ih) To require the Secretary of the Treasury to mint coins in commemoration of the bicentennial of the Lewis and Clark Expedition, and for other purposes. [Introduced in House] ...
10 S.Res. 35 (is) Relating to the treatment of veterans with Alzheimer's disease. [Introduced in Senate] ...
11 H.Res. 190 (rh) Providing for the consideration of the bill (H.R. 1905) making appropriations for the Legislative Branch for the fiscal year ending September 30, 2000, and for other purposes. [Reported in House] ...
12 S. 2682 (rfh) To authorize the Broadcasting Board of Governors to make available to the Institute for Media Development certain materials of the Voice of America. [Referred in House] ...
13 S.Res. 165 (ats) In memory of Senior Judge Frank M. Johnson, Jr., of the United States Court of Appeals for the Eleventh Circuit. [Agreed to Senate] ...
14 H.R. 946 (rh) To restore Federal recognition to the Indians of the Graton Rancheria of California. [Reported in House] ...
15 S. 2352 (rs) To designate portions of the Wekiva River and associated tributaries as a component of the National Wild and Scenic Rivers System. [Reported in Senate] ...
16 H.Con.Res. 439 (ath) Correcting the enrollment of H.R. 2614. [Agreed to House] ...
17 S. 3273 (is) To require the Federal Election Commission to study voting procedures in Federal elections, award Voting Improvement Grants to States, and for other purposes. [Introduced in Senate] ...
18 H.R. 4868 (enr) To amend the Harmonized Tariff Schedule of the United States to modify [Enrolled bill] ...
19 H.R. 2544 (ih) To amend the Fair Debt Collection Practices Act to reduce the cost of credit, and for other purposes. [Introduced in House] ...
20 H.R. 4283 (ih) To amend the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to make grants for the remediation of sediment contamination in certain areas of concern in the Great Lakes, and for othe...
21 H.R. 479 (ih) To amend the Act of March 3, 1931 (known as the Davis-Bacon Act) to require that contract work covered by the Act which requires licensing be performed by a person who is so licensed. [Introduced in House] ...
22 H.Res. 350 (ih) Expressing the sense of the House of Representatives with respect to private companies involved in the trafficking of baby body parts for profit. [Introduced in House] ...
23 S. 1596 (pcs) Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 2000, and for other...
24 S. 1611 (is) To amend the Internet Tax Freedom Act to broaden its scope and make the moratorium permanent, and for other purposes. [Introduced in Senate] ...
25 H.Con.Res. 247 (rfs) Expressing the sense of Congress regarding the importance of organ, tissue, bone marrow, and blood donation and supporting National Donor Day. [Referred in Senate] ...
26 H.R. 4794 (enr) To require the Secretary of the Interior to complete a resource study of [Enrolled bill] ...
27 S.Con.Res. 155 (rfh) Expressing the sense of Congress that the Government of the United States should actively support the aspirations of the democratic political forces in Peru toward an immediate and full restoration of democracy in that country. [Refer...
28 H.Con.Res. 304 (rs) Expressing the condemnation of the continued egregious violations of [Reported in Senate] ...
29 S. 2807 (is) To amend the Social Security Act to establish a Medicare Prescription Drug and Supplemental Benefit Program and to stabilize and improve the Medicare+Choice program, and for other purposes. [Introduced in Senate] ...
30 H.R. 5117 (rfs) To amend the Internal Revenue Code of 1986 to clarify the allowance of the child credit, the deduction for personal exemptions, and the earned income credit for missing children, and for other purposes. [Referred in Senate] ...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy