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

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


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        H.R.1167

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 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 
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 two 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 the 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 the enactment of this title shall have the option at any time 
after the date of the 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.

    ``(a) Funding Agreement Required.--The Secretary shall negotiate 
and enter into a written funding agreement 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.--
        ``(1) In general.--Each funding agreement required under 
    subsection (a) shall, as determined by the Indian tribe, authorize 
    the Indian tribe to plan, conduct, consolidate, administer, and 
    receive full tribal share funding, including tribal shares of 
    discretionary Indian Health Service competitive grants (excluding 
    congressionally earmarked competitive grants), for all programs, 
    services, functions, and activities (or portions thereof), that are 
    carried out for the benefit of Indians because of their status as 

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