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] ...
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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