Home > 106th Congressional Public Laws > Pub.L. 106-261 To designate Wilson Creek in Avery and Caldwell Counties, North Carolina, as a component of the National Wild and Scenic Rivers System. <> ...

Pub.L. 106-261 To designate Wilson Creek in Avery and Caldwell Counties, North Carolina, as a component of the National Wild and Scenic Rivers System. <> ...


Google
 
Web GovRecords.org

<DOC>



[[Page 114 STAT. 711]]

Public Law 106-260
106th Congress

                                 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. <<NOTE: Aug. 18, 2000 -  [H.R. 1167]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Tribal Self-Governance 
Amendments of 2000.>> assembled,

SECTION 1. <<NOTE: 25 USC 450 note.>> SHORT TITLE.

    This Act may be cited as the ``Tribal Self-Governance Amendments of 
2000''.

SEC. 2. <<NOTE: 25 USC 458aaa note.>> 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.

[[Page 114 STAT. 712]]

SEC. 3. <<NOTE: 25 USC 458aaa note.>> 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:

[[Page 114 STAT. 713]]

                    ``TITLE V--TRIBAL SELF-GOVERNANCE

``SEC. 501. <<NOTE: 25 USC 458aaa.>> 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

[[Page 114 STAT. 714]]

        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. <<NOTE: 25 USC 458aaa-1.>> 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. <<NOTE: 25 USC 458aaa-2.>> 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

[[Page 114 STAT. 715]]

                    ``(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. <<NOTE: 25 USC 458aaa-3.>> 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.

Pages: 1 2 3 4 5 Next >>

Other Popular 106th Congressional Public Laws Documents:

1 Pub.L. 106-211 To amend the Higher Education Act of 1965 to improve the program for American Indian Tribal Colleges and Universities under part A of title III. <> ...
2 Pub.L. 106-254 To amend title 18, United States Code, to provide penalties for harming animals used in Federal law enforcement. <> ...
3 Pub.L. 106-445 To clarify the intention of the Congress with regard to the authority of the United States Mint to produce numismatic coins, and for other purposes. <> ...
4 Pub.L. 106-548 To direct the Secretary of Agriculture to convey to the town of Dolores, Colorado, the current site of the Joe Rowell Park. <> ...
5 Pub.L. 106-285 To amend the Act entitled ``An Act relating to the water rights of the Ak-Chin Indian Community'' to clarify certain provisions concerning the leasing of such water rights, and for other purposes. <> %%Fil...
6 Pub.L. 106-417 To amend the Indian Health Care <
7 Pub.L. 106-326 To redesignate the facility of the United States Postal Service located at 14900 Southwest 30th Street in Miramar, Florida, as the ``Vicki Coceano Post Office Building''. <> ...
8 Pub.L. 106-505 To amend the Public Health Service Act to provide for recommendations of ...
9 Pub.L. 106-174 To provide assistance for poison prevention and to stabilize the funding of regional poison control centers. <> ...
10 Pub.L. 106-330 To authorize the Secretary of Agriculture to convey certain ...
11 Pub.L. 106-459 To amend the Colorado River Basin Salinity Control Act to authorize additional measures to carry out the control of salinity upstream of Imperial Dam in a cost-effective manner. <> ...
12 Pub.L. 106-132 To designate a portion of Gateway National Recreation Area as ``World War Veterans Park at Miller Field''. <> ...
13 Pub.L. 106-055 To <> amend the International ...
14 Pub.L. 106-543 Making further continuing appropriations for the fiscal year 2001, and for other purposes. <> ...
15 Pub.L. 106-564 To establish a standard time zone for <> Guam and the Commonwealth of the Northern Mariana Islands, and for other purposes. ...
16 Pub.L. 106-283 To amend the Alaska Native Claims Settlement Act to provide for a land exchange between the Secretary of Agriculture and the Kake Tribal Corporation, and for other purposes <> ...
17 Pub.L. 106-101 Granting the consent of Congress to the Missouri-Nebraska Boundary Compact. <> ...
18 P.R. 011 () For the relief of Zohreh Farhang Ghahfarokhi. <> [Document Status (Version] ...
19 Pub.L. 106-345 To amend the Public Health Service Act to revise and extend programs established under the Ryan White Comprehensive AIDS Resources Emergency Act of 1990, and for other purposes. <> ...
20 Pub.L. 106-264 To provide for negotiations for the creation of a trust fund to be administered by the International Bank for Reconstruction and Development or the International Development Association to combat the AIDS epidemic. <
21 Pub.L. 106-381 Making further continuing appropriations for the fiscal year 2001, and for other purposes. <> ...
22 Pub.L. 106-428 Making further continuing appropriations for the fiscal year 2001, and for other purposes. <> ...
23 Pub.L. 106-196 To designate the United States courthouse located at 223 Broad Avenue in Albany, Georgia, as the ``C.B. King United States Courthouse''. <> ...
24 Pub.L. 106-553 Making appropriations for the government of the District of Columbia and other activities <> chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 20...
25 Pub.L. 106-502 To authorize the Secretary of the Interior to establish a program to ...
26 Pub.L. 106-308 To designate the Federal courthouse at 145 East Simpson Avenue in Jackson, Wyoming, as the ``Clifford P. Hansen Federal Courthouse''. <> ...
27 Pub.L. 106-304 To designate the Federal building located at 1710 Alabama Avenue in Jasper, Alabama, as the ``Carl Elliott Federal Building''. <> ...
28 Pub.L. 106-416 Making further continuing appropriations for the fiscal year 2001, and for other purposes. <> ...
29 Pub.L. 106-259 Making appropriations <> for the Department of Defense for the fiscal year ending September 30, 2001, and for other purposes. ...
30 Pub.L. 106-324 To dedicate the Big South Trail in the Comanche Peak Wilderness Area of Roosevelt National Forest in Colorado to the legacy of Jaryd Atadero. <> ...


Other Documents:

106th Congressional Public Laws 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