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S. 97 (is) To require the installation and use by schools and libraries of a technology for filtering or blocking material on the Internet on computers with Internet access to be eligible to receive or retain universal service assistance. [Introduced in S...


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                                                       Calendar No. 412

106th CONGRESS

  1st Session

                                 S. 979

                          [Report No. 106-221]

_______________________________________________________________________

                                 A BILL

To amend the Indian Self-Determination and Education Assistance Act to 
  provide for further self-governance by Indian tribes, and for other 
                               purposes.

_______________________________________________________________________

                            November 9, 1999

                       Reported with an amendment





                                                       Calendar No. 412
106th CONGRESS
  1st Session
                                 S. 979

                          [Report No. 106-221]

To amend the Indian Self-Determination and Education Assistance Act to 
  provide for further self-governance by Indian tribes, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 6, 1999

 Mr. Campbell (for himself, Mr. McCain, and Mr. Inhofe) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

                            November 9, 1999

              Reported by Mr. Campbell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) the tribal right of self-government flows from 
        the inherent sovereignty of Indian tribes and 
        nations;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) although progress has been made, the Federal 
        bureaucracy, with its centralized rules and regulations, has 
        eroded tribal self-governance and dominates tribal 
        affairs;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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)--
        </DELETED>
                <DELETED>    (A) is an appropriate and effective means 
                of implementing the Federal policy of government-to-
                government relations with Indian tribes; and</DELETED>
                <DELETED>    (B) strengthens the Federal policy of 
                Indian self-determination.</DELETED>

<DELETED>SEC. 3. DECLARATION OF POLICY.</DELETED>

<DELETED>    It is the policy of Congress--</DELETED>
        <DELETED>    (1) to permanently establish and implement tribal 
        self-governance within the Department of Health and Human 
        Services;</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) to enable the United States to 
                maintain and improve its unique and continuing 
                relationship with, and responsibility to, Indian 
                tribes;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C) to ensure the continuation of the 
                trust responsibility of the United States to Indian 
                tribes and Indian individuals;</DELETED>
                <DELETED>    (D) to affirm and enable the United States 
                to fulfill its obligations to the Indian tribes under 
                treaties and other laws;</DELETED>
                <DELETED>    (E) to strengthen the government-to-
                government relationship between the United States and 
                Indian tribes through direct and meaningful 
                consultation with all tribes;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. TRIBAL SELF-GOVERNANCE.</DELETED>

<DELETED>    The Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450 et seq.) is amended by adding at the end the 
following:</DELETED>

          <DELETED>``TITLE V--TRIBAL SELF-GOVERNANCE</DELETED>

<DELETED>``SEC. 501. DEFINITIONS.</DELETED>

<DELETED>    ``(a) In General.--In this title:</DELETED>
        <DELETED>    ``(1) Construction project.--The term 
        `construction project'--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Construction project agreement.--The term 
        `construction project agreement' means a negotiated agreement 
        between the Secretary and an Indian tribe, that at a minimum--
        </DELETED>
                <DELETED>    ``(A) establishes project phase start and 
                completion dates;</DELETED>
                <DELETED>    ``(B) defines a specific scope of work and 
                standards by which it will be accomplished;</DELETED>
                <DELETED>    ``(C) identifies the responsibilities of 
                the Indian tribe and the Secretary;</DELETED>
                <DELETED>    ``(D) addresses environmental 
                considerations;</DELETED>
                <DELETED>    ``(E) identifies the owner and operations 
                and maintenance entity of the proposed work;</DELETED>
                <DELETED>    ``(F) provides a budget;</DELETED>
                <DELETED>    ``(G) provides a payment process; 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Inherent federal functions.--The term 
        `inherent Federal functions' means those Federal functions 
        which cannot legally be delegated to Indian tribes.</DELETED>
        <DELETED>    ``(4) Inter-tribal consortium.--The term `inter-
        tribal consortium' means a coalition of 2 or more separate 
        Indian tribes that join together for the purpose of 
        participating in self-governance, including a tribal 
        organization.</DELETED>
        <DELETED>    ``(5) 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.</DELETED>
        <DELETED>    ``(6) Secretary.--The term `Secretary' means the 
        Secretary of Health and Human Services.</DELETED>
        <DELETED>    ``(7) Self-governance.--The term `self-governance' 
        means the program of self-governance established under section 
        502.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 502. ESTABLISHMENT.</DELETED>

<DELETED>    ``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.</DELETED>

<DELETED>``SEC. 503. SELECTION OF PARTICIPATING INDIAN 
              TRIBES.</DELETED>

<DELETED>    ``(a) Continuing Participation.--Each Indian tribe that is 
participating in the Tribal Self-Governance Demonstration Project under 
title III on the date of enactment of this title may elect to 
participate in self-governance under this title under existing 
authority as reflected in tribal resolution.</DELETED>
<DELETED>    ``(b) Additional Participants.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Treatment of certain indian tribes.--
        </DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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 

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