§ 450g TITLE 25—INDIANS Page 154

ans are available under this written agreement only

to the extent that the same services which would

have been provided by the Secretaries are provided to

individual Indians by the tribe;

‘‘(7) shall not allow the Secretaries to waive, modify or diminish in any way the trust responsibility of

the United States with respect to Indian tribes and

individual Indians which exists under treaties, Executive orders, and Acts of Congress;

‘‘(8) shall allow for retrocession of programs or portions thereof pursuant to section 105(e) of this Act [25

U.S.C. 450j(e)]; and

‘‘(9) shall be submitted by the Secretaries ninety

days in advance of the proposed effective date of the

agreement to each tribe which is served by the agency which is serving the tribe which is a party to the

funding agreement and to the Congress for review by

the Committee on Indian Affairs of the Senate and

the Committee on Natural Resources [now Committee on Resources] of the House of Representatives.

‘‘(b) For the year for which, and to the extent to

which, funding is provided to a tribe pursuant to this

title, such tribe—

‘‘(1) shall not be entitled to contract with the Secretaries for such funds under section 102 [25 U.S.C.

450f], except that such tribe shall be eligible for new

programs on the same basis as other tribes; and

‘‘(2) shall be responsible for the administration of

programs, services and activities pursuant to agreements under this title.

‘‘(c) At the request of the governing body of the tribe

and under the terms of an agreement pursuant to subsection (a), the Secretaries shall provide funding to

such tribe to implement the agreement.

‘‘(d) For the purpose of section 110 of this Act [25

U.S.C. 450m–1] the term ‘contract’ shall also include

agreements authorized by this title; except that for the

term of the authorized agreements under this title, the

provisions of section 2103 of the Revised Statutes of the

United States (25 U.S.C. 81), and section 16 of the Act

of June 18, 1934 (25 U.S.C. 476), shall not apply to attorney and other professional contracts by participating

Indian tribal governments operating under the provisions of this title.

‘‘(e) To the extent feasible, the Secretaries shall interpret Federal laws and regulations in a manner that

will facilitate the agreements authorized by this title.

‘‘(f) To the extent feasible, the Secretaries shall interpret Federal laws and regulations in a manner that

will facilitate the inclusion of activities, programs,

services, and functions in the agreements authorized by

this title.

‘‘SEC. 304. The Secretaries shall identify, in the President’s annual budget request to the Congress, any funds

proposed to be included in the Tribal Self-Governance

Project. The use of funds pursuant to this title shall be

subject to specific directives or limitations as may be

included in applicable appropriations Acts.

‘‘SEC. 305. The Secretaries shall submit to the Congress a written report on July 1 and January 1 of each

of the five years following the date of enactment of this

title [Oct. 5, 1988] on the relative costs and benefits of

the Tribal Self-Governance Project. Such report shall

be based on mutually determined baseline measurements jointly developed by the Secretaries and participating tribes, and shall separately include the views of

the tribes.

‘‘SEC. 306. Nothing in this title shall be construed to

limit or reduce in any way the services, contracts or

funds that any other Indian tribe or tribal organization

is eligible to receive under section 102 [25 U.S.C. 450f] or

any other applicable Federal law and the provisions of

section 110 of this Act [25 U.S.C. 450m–1] shall be available to any tribe or Indian organization which alleges

that a funding agreement is in violation of this section.

‘‘SEC. 307. For the purpose of providing planning and

negotiation grants to the ten tribes added by section 3

of the Tribal Self-Governance Demonstration Project

Act to the number of tribes set forth by section 302 of

this Act (as in effect before the date of enactment of

this section [Dec. 4, 1991]), there is authorized to be appropriated $700,000.

‘‘SEC. 308. (a) The Secretary of Health and Human

Services, in consultation with the Secretary of the Interior and Indian tribal governments participating in

the demonstration project under this title, shall conduct a study for the purpose of determining the feasibility of extending the demonstration project under

this title to the activities, programs, functions, and

services of the Indian Health Service. The Secretary

shall report the results of such study, together with his

recommendations, to the Congress within the 12-month

period following the date of the enactment of the Tribal Self-Governance Demonstration Project Act [Dec. 4,

1991].

‘‘(b) The Secretary of Health and Human Services

may establish within the Indian Health Service an office of self-governance to be responsible for coordinating the activities necessary to carry out the study

required under subsection (a).

‘‘SEC. 309. The Secretary of the Interior shall conduct

a study for the purpose of determining the feasibility of

including in the demonstration project under this title

those programs and activities excluded under section

303(a)(3). The Secretary of the Interior shall report the

results of such study, together with his recommendations, to the Congress within the 12-month period following the date of the enactment of the Tribal SelfGovernance Demonstration Project Act [Dec. 4, 1991].

‘‘SEC. 310. For the purposes of providing one year

planning and negotiations grants to the Indian tribes

identified by section 302, with respect to the programs,

activities, functions, or services of the Indian Health

Service, there are authorized to be appropriated such

sums as may be necessary to carry out such purposes.

Upon completion of an authorized planning activity or

a comparable planning activity by a tribe, the Secretary is authorized to negotiate and implement a

Compact of Self-Governance and Annual Funding

Agreement with such tribe.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 450b, 450c,

450e–1, 450h, 450j, 450k, 450l, 450m, 450m–1, 458cc, 458ff,

1631, 1724, 2026 of this title; title 29 section 750; title 42

section 2004b.

§ 450g. Repealed or Transferred. Pub. L. 100–472,

title II, § 201(b)(1), Oct. 5, 1988, 102 Stat. 2289

Section, Pub. L. 93–638, title I, §103, Jan. 4, 1975, 88

Stat. 2206; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93

Stat. 695; Pub. L. 100–202, §101(g) [title II], Dec. 22, 1987,

101 Stat. 1329–213, 1329–246; Pub. L. 100–446, title II, Sept.

27, 1988, 102 Stat. 1817, which related to contracts by

Secretary of Health and Human Services with tribal organizations, was repealed except for the last sentence

of subsec. (c), providing that tribal organizations and

Indian contractors be deemed part of Public Health

Service, which was redesignated subsec. (d) of section

450f of this title.

§ 450h. Grants to tribal organizations or tribes

(a) Request by tribe for contract or grant by Secretary of the Interior for improving, etc.,

tribal governmental, contracting, and program planning activities

The Secretary of the Interior is authorized,

upon the request of any Indian tribe (from funds

appropriated for the benefit of Indians pursuant

to section 13 of this title, and any Act subsequent thereto) to contract with or make a grant

or grants to any tribal organization for—

(1) the strengthening or improvement of

tribal government (including, but not limited

to, the development, improvement, and administration of planning, financial management,