Indian Tribal Conflict Resolution and Tort Claims and Risk Management Act of 1998

Summary: TABLE OF CONTENTS: 
     Title I:  Intergovernmental Agreements 
     Title II:  Tort Liability Insurance 
Indian Tribal Conflict Resolution and Tort Claims and Risk Management Act of 1998 - 
Title I:  Intergovernmental Agreements
 - Grants U.S. consent for States, Indian tribes, and tribal organizations to enter into compacts and agreements under this title, including those relating to the collection and payment of certain retail taxes.  Requires copies of such compacts or agreements to be filed with the Secretary of the Interior within 30 days.  Sets forth compact or agreement limitations and provisions concerning revocation and revision or renewal. 
(Sec. 102) Requires good faith negotiations with regard to a claim, with the objective of achieving an intergovernmental agreement or compact.  Directs the Secretary to cause to occur and facilitate such negotiations.  Provides for:  (1) selection of a mediator; (2) negotiation procedures; (3) the exchange of appropriate records and documentation; (4) negotiation termination after one year, unless an extension is mutually agreed upon by the parties; and (5) a negotiated settlement as the final resolution of the claim. 
(Sec. 103) Authorizes the Secretary, if negotiations fail to result in a settlement, to refer the State and Indian tribe involved to the Intergovernmental Alternative Dispute Panel, which shall consult with the Federal Mediation Conciliation Service.  Outlines Service duties with respect to assistance to the Panel for its dispute resolution. 
(Sec. 104) Provides judicial enforcement of intergovernmental agreements under this title. 
(Sec. 105) Directs the Secretary to establish the Tribal-Federal-State Commission to advise the Secretary on issues of intergovernmental concern with respect to Indian tribes, States, and the Federal Government, including law enforcement, civil and criminal jurisdiction, taxation, transportation, economy development, and related matters.  Requires annual reports from the Commission to the President and specified congressional committees. 
(Sec. 106) Authorizes the United States to provide financial assistance for personnel and administrative expenses under any compact or agreement reached under this title. 
Title II:  Tort Liability Insurance
 - Directs the Secretary, within two years after the enactment of this Act, to obtain or provide tort liability insurance or equivalent coverage for each Indian tribe that receives a tribal priority allocation from amounts made available to the Bureau of Indian Affairs for the operation of Indian programs. Requires such insurance to be obtained or provided in the most cost-effective manner available.  Sets forth insurance requirements, conditions, and limitations. 
(Sec. 202) Directs the Secretary, before obtaining or providing such insurance, to conduct a comprehensive study of the degree, type, and adequacy of liability insurance coverage of Indian tribes at the time of the study.  Requires annual reports from the Secretary to the Congress on the implementation of this title.

PANEL--
              ESTABLISHMENT.

    (a) In General.--If negotiations conducted under section 103 do not 
result in a settlement, the Secretary may refer the State and Indian 
tribe involved to the Panel established under subsection (b).
    (b) Authority of Panel.--To the extent allowable by law, the Panel 
may consider and render a decision on a dispute referred to the Panel 
under this section.
    (c) Taxation.--Any claim involving the legitimacy of a claim for 
the collection or payment of certain retail taxes owed by an Indian 
tribe to a State or political subdivision thereof and shall include or 
admit of counterclaims, setoffs, or related claims submitted or filed 
by the tribe in question regarding the original claim.
    (d) Membership of the Panel.--
            (1) In general.--The Panel shall consist of--
                    (A) 1 representative from the Department of the 
                Interior;
                    (B) 1 representative from the Department of 
                Justice;
                    (C) 1 representative from the Department of the 
                Treasury;
                    (D) 1 representative of State governments; and
                    (E) 1 representative of tribal governments of 
                Indian tribes.
            (2) Chairperson.--The members of the Panel shall select a 
        Chairperson from among the members of the Panel.
    (e) Federal Mediation Conciliation Service.--
            (1) In general.--In a manner consistent with this title, 
        the Panel shall consult with the Federal Mediation Conciliation 
        Service (referred to in this subsection as the ``Service'') 
        established under section 202 of the National Labor Relations 
        Act (29 U.S.C. 172).
            (2) Duties of service.--The Service shall, upon request of 
        the Panel and in a manner consistent with applicable law--
                    (A) provide services to the Panel to aid in 
                resolving disputes brought before the Panel;
                    (B) furnish employees to act as neutrals (as that 
                term is defined in section 571(9) of title 5, United 
                States Code) in resolving the disputes brought before 
                the Panel; and
                    (C) consult with the Administrative Conference of 
                the United States to maintain a roster of neutrals and 
                arbitrators.

SEC. 104. JUDICIAL ENFORCEMENT.

    (a) Intergovernmental Agreements.--
            (1) In general.--
                    (A) Jurisdiction.--Except as provided in 
                subparagraph (B), the district courts of the United 
                States shall have original jurisdiction with respect 
                to--
                            (i) any civil action, claim, counterclaim, 
                        or setoff, brought by any party to an agreement 
                        or compact entered into in accordance with this 
                        title to secure equitable relief, including 
                        injunctive and declaratory relief; and
                            (ii) the enforcement of any agreement or 
                        compact.
                    (B) Damages.--No action to recover damages arising 
                out of or in connection with an agreement or compact 
                entered into under this section may be brought, except 
                as specifically provided for in that agreement or 
                compact.
            (2) Consent to suit.--Each compact or agreement entered 
        into under this title shall specify that the partner consent to 
litigation to enforce the agreement, and to the extent necessary to 
enforce that agreement, each party waives any defense of sovereign 
immunity.

SEC. 105. JOINT TRIBAL-FEDERAL-STATE COMMISSION ON INTERGOVERNMENTAL 
              AFFAIRS.

    (a) In general.--The Secretary shall establish a tribal, Federal, 
and State commission (to be known as the ``Tribal-Federal-State 
Commission'') (referred to in this section as the ``Commission'').
    (b) Members.--
            (1) In general.--The Commission shall be comprised of 
        representatives of Indian tribes, the States, and the Federal 
        Government.
            (2) Duties of the commission.--The Commission shall advise 
        the Secretary concerning issues of intergovernmental concern 
        with respect to Indian tribes, States, and the Federal 
        Government, including--
                    (A) law enforcement;
                    (B) civil and criminal jurisdiction;
                    (C) taxation;
                    (D) transportation;
                    (E) economy development; and
                    (F) other matters related to a matter described in 
                subparagraph (A), (B), (C), (D), or (E).
            (3) Period of appointment.--Members shall be appointed for 
        the life of the Commission. Any vacancy in the Commission shall 
        not affect its powers, but shall be filled in the same manner 
        as the original appointment.
            (4) Initial meeting.--No later than 30 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold its first meeting.
            (5) Meetings.--The Commission shall meet at the call of the 
        Chairman.
            (6) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            (7) Chairman and vice chairman.--The Commission shall 
        select a Chairman and Vice Chairman from among its members.
            (8) Powers.--
                    (A) Hearings.--The Commission may hold such 
                hearings, sit and act at such times and places, take 
                such testimony, and receive such evidence as the 
                Commission considers advisable to carry out the 
                purposes of this section.
                    (B) Information from federal agencies.--The 
                Commission may secure directly from any Federal 
                department or agency such information as the Commission 
                considers necessary to carry out the provisions of this 
                Act section. Upon request of the Chairman of the 
                Commission, the head of such department or agency shall 
                furnish such information to the Commission.
                    (C)  Postal services.--The Commission may use the 
                United States mails in the same manner and under the 
                same conditions as other departments and agencies of 
                the Federal Government.
                    (D) Gifts.--The Commission may accept, use, and 
                dispose of gifts or donations of services or property.
            (9) Commission personnel matters.--
                    (A) Compensation of members.--Each member of the 
                Commission who is not an officer or employee of the 
                Federal Government shall be compensated for each day 
                (including travel time) during which such member is 
                engaged in the performance of the duties of the 
                Commission. All members of the Commission who are 
                officers or employees of the United States shall serve 
                without compensation in addition to that received for 
                their services as officers or employees of the United 
                States.
                    (B) Travel expenses.--The members of the Commission 
                shall be allowed travel expenses, including per diem in 
                lieu of subsistence, at rates authorized for employees 
                of agencies under subchapter I of chapter 57 of title 
                5, United States Code, while away from their homes or 
                regular places of business in the performance of 
                services for the Commission.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, and annually thereafter, the Commission shall prepare and 
submit to the President, the Committee on Indian Affairs of the Senate, 
and the Committee on Resources of the House of Representatives a report 
on the implementation of this title that includes any recommendations 
that the Commission determines to be appropriate.

SEC. 106. FUNDING AND IMPLEMENTATION.

    (a) In General.--With respect to any agreement or compact between 
an Indian tribe and a State, the United States, upon agreement of the 
parties and the Secretary, may provide financial assistance to such 
parties for costs of personnel or administrative expenses in an amount 
not to exceed 100 percent of the costs incurred by the parties as a 
consequence of that agreement or compact, including any indirect costs 
of administration that are attributable to the services performed under 
the agreement or compact.
    (b) Assistance.--The head of each Federal agency may, to the extent 
allowable by law and subject to the availability of appropriations, 
provide technical assistance, material support, and personnel to assist 
States and Indian tribes in the implementation of the agreements or 
compacts entered into under this title.

                   TITLE II--TORT LIABILITY INSURANCE

SEC. 201. LIABILITY INSURANCE, WAIVER OF DEFENSE.

    (a) Tribal Priority Allocation Defined.--The term ``tribal priority 
allocation'' means an allocation to a tribal priority account of an 
Indian tribe by the Bureau of Indian Affairs to allow that Indian tribe 
to establish program priorities and funding levels.
    (b) Insurance.--
            (1) In general.--Except as provided in paragraph (3), not 
        later than 2 years after the date of enactment of this Act, the 
        Secretary shall obtain or provide tort liability insurance or 
equivalent coverage for each Indian tribe that receives a tribal 
priority allocation from amounts made available to the Bureau of Indian 
Affairs for the operation of Indian programs.
            (2) Cost-effectiveness.--In carrying out paragraph (1), the 
        Secretary shall--
                    (A) ensure that the insurance or equivalent 
                coverage is provided in the most cost-effective manner 
                available; and
                    (B) for each Indian tribe referred to in paragraph 
                (1), take into consideration the extent to which the 
                tort liability is covered--
                            (i) by privately secured liability 
                        insurance; or
                            (ii) chapter 171 of title 28, United States 
                        Code (commonly referred to as the ``Federal 
                        Tort Claims Act'') by reason of an activity of 
                        the Indian tribe in which the Indian tribe is 
                        acting in the same capacity as an agency of the 
                        United States.
            (3) Limitation.--If the Secretary determines that an Indian 
        tribe, described in paragraph (1), has obtained liability 
        insurance in an amount and of the type that the Secretary 
        determines to be appropriate by the date specified in paragraph 
        (1), the Secretary shall not be required to provide additional 
        coverage for that Indian tribe.
    (c) Requirements.--A policy of insurance or a document for 
equivalent coverage under subsection (a)(1) shall--
            (1) contain a provision that the insurance carrier shall 
        waive any right to raise as a defense the sovereign immunity of 
        an Indian tribe with respect to an action involving tort 
        liability of that Indian tribe, but only with respect to tort 
        liability claims of an amount and nature covered under the 
        insurance policy or equivalent coverage offered by the 
        insurance carrier; and
            (2) not waive or otherwise limit the sovereign immunity of 
        the Indian tribe outside or beyond the coverage or limits of 
        the policy of insurance or equivalent coverage.
    (d) Prohibition.--No waiver of the sovereign immunity of a Indian 
tribe under this section shall include a waiver of any potential 
liability for--
            (1) interest that may be payable before judgment; or
            (2) exemplary or punitive damages.
    (e) Preference.--In obtaining or providing tort liability insurance 
coverage for Indian tribes under this section, the Secretary shall, to 
the greatest extent practicable, give preference to coverage 
underwritten by Indian-owned economic enterprises, as defined in 
section 3 of the Indian Financing Act of 1974 (25 U.S.C. 1452), except 
that for the purposes of this subsection, those enterprises may include 
non-profit corporations.
    (f) Regulations.--To carry out this title, the Secretary shall 
promulgate regulations that--
            (1) provide for the amount and nature of claims to be 
        covered by an insurance policy or equivalent coverage provided 
        to an Indian tribe under this title; and
            (2) establish a schedule of premiums that may be assessed 
        against any Indian tribe that is provided liability insurance 
        under this title.

SEC. 202. STUDY AND REPORT TO CONGRESS

    (a) In General.--
            (1) Study.--In order to minimize and, if possible, 
        eliminate redundant or duplicative liability insurance coverage 
        and to ensure that the provision of insurance of equivalent 
        coverage under this title is cost-effective, before carrying 
        out the requirements of section 201, the Secretary shall 
        conduct a comprehensive survey of the degree, type, and 
        adequacy of liability insurance coverage of Indian tribes at 
        the time of the study.
            (2) Contents of study.--The study conducted under this 
        subsection shall include--
                    (A) an analysis of loss data;
                    (B) risk assessments;
                    (C) projected exposure to liability, and related 
                matters; and
                    (D) the category of risk and coverage involved 
                which may include--
                            (i) general liability;
                            (ii) automobile liability;
                            (iii) the liability of officials of the 
                        Indian tribe;
                            (iv) law enforcement liability;
                            (v) workers' compensation; and
                            (vi) other types of liability 
                        contingencies.
            (3) Assessment of coverage by categories of risk.--For each 
        Indian tribe described in section 201(a)(1), for each category 
        of risk identified under paragraph (2), the Secretary, in 
        conducting the study, shall determine whether insurance 
        coverage other than coverage to be provided under this title or 
        coverage under chapter 171 of title 28, United States Code, 
        applies to that Indian tribe for that activity.
    (b) Report.--Not later than 3 years after the date of enactment of 
this Act, and annually thereafter, the Secretary shall submit a report 
to Congress concerning the implementation of this title, that contains 
any legislative recommendations that the Secretary determines to be 
appropriate to improve the provision of insurance of equivalent 
coverage to Indian tribes under this title, or otherwise achieves the 
goals and objectives of this title.