| Home > 106th Congressional Bills > H.R. 1167 (rh) To amend the Indian Self-Determination and Education Assistance Act to provide for further self-governance by Indian tribes, and for other purposes. [Reported in House] ...
H.R. 1167 (rh) To amend the Indian Self-Determination and Education Assistance Act to provide for further self-governance by Indian tribes, and for other purposes. [Reported in House] ...
Calendar No. 419 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. November 19, 1999 Read twice and placed on the calendar Calendar No. 419 106th CONGRESS 1st Session H. R. 1167 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES November 18, 1999 Received November 19, 1999 Read twice and placed on the calendar _______________________________________________________________________ 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. ``(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 thereafter to-- ``(1) retain its Tribal Self-Governance Demonstration Project compact (in whole or in part) to the extent the provisions of such compact are not directly contrary to any
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