I

104TH CONGRESS

2D SESSION H. R. 3354

To provide for the reorganization of the Bureau of Indian Affairs, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 30, 1996

Mr. HAYWORTH introduced the following bill; which was referred to the

Committee on Resources

A BILL

To provide for the reorganization of the Bureau of Indian

Affairs, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE, PURPOSES, TABLE OF CON4 TENTS, AND DEFINITIONS.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Bureau of Indian Affairs Reorganization Act of 1996’’.

7 (b) PURPOSES.—The purposes of this Act are—

8 (1) to ensure the meaningful involvement of In9 dian tribes as full negotiation partners with the
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1 United States in all efforts to reorganize and re2 structure the Bureau of Indian Affairs; and

3 (2) to ensure the active participation by Indian

4 tribes in the development of the budget requests for

5 the Bureau of Indian Affairs and the Indian Health

6 Services which are submitted to the President by the

7 Secretary of the Interior and the Secretary of

8 Health and Human Services for inclusion in the an9 nual budget request submitted by the President to

10 the Congress pursuant to section 1108 of title 31,

11 United States Code.

12 (c) TABLE OF CONTENTS.—The table of contents for

13 this Act is as follows:

Sec. 1. Short title, purposes, table of contents, and definitions.

TITLE I—REORGANIZATION COMPACTS

Sec. 101. Reorganization of area offices.

Sec. 102. Reorganization of agency offices.

Sec. 103. Reorganization of central office.

Sec. 104. Authority to spend funds.

Sec. 105. Savings provisions.

Sec. 106. Additional conforming amendments.

Sec. 107. Authorization of appropriations.

Sec. 108. Effective date.

Sec. 109. Separability.

Sec. 110. Suspension of certain administrative actions.

Sec. 111. Statutory construction.

Sec. 112. Tribal authority recognized.

Sec. 113. Renegotiation authority.

Sec. 114. Disclosure of information.

TITLE II—AMENDMENT TO THE INDIAN SELF-DETERMINATION

AND EDUCATION ASSISTANCE ACT

Sec. 201. Budget development.

TITLE III—REFORM OF THE REGULATIONS OF THE BUREAU OF

INDIAN AFFAIRS

Sec. 301. BIA Manual.
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Sec. 302. Task force.

Sec. 303. Authorization of appropriations.

1 (d) DEFINITIONS.—For purposes of this Act, the fol2 lowing definitions shall apply:

3 (1) AREA OFFICE.—The term ‘‘area office’’

4 means 1 of the 12 area offices of the Bureau of In5 dian Affairs in existence on the date of enactment

6 of this Act.

7 (2) AREA OFFICE PLAN.—The term ‘‘area office

8 plan’’ means a plan for the reorganization of an area

9 office negotiated by the Secretary and Indian tribes

10 pursuant to section 101.

11 (3) AGENCY OFFICE.—The term ‘‘agency of12 fice’’ means an agency office of the Bureau of In13 dian Affairs in existence on the date of enactment

14 of this Act.

15 (4) AGENCY OFFICE PLAN.—The term ‘‘agency

16 office plan’’ means a plan for the reorganization of

17 an agency office negotiated by the Secretary and In18 dian tribes pursuant to section 102.

19 (5) BIA MANUAL.—The term ‘‘BIA Manual’’

20 means the most recent edition of the Bureau of In21 dian Affairs Manual issued by the Department of

22 the Interior.

23 (6) BUREAU.—The term ‘‘Bureau’’ means the

24 Bureau of Indian Affairs.
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1 (7) CENTRAL OFFICE.—The term ‘‘central of2 fice’’ means the Central Office of the Bureau, and

3 includes the offices of the Central Office that are

4 housed in Washington, D.C. and Albuquerque, New

5 Mexico.

6 (8) CENTRAL OFFICE PLAN.—The term

7 ‘‘central office plan’’ means the plan for the reorga8 nization of the central office negotiated by the Sec9 retary and Indian tribes pursuant to section 103.

10 (9) DEPARTMENT.—The term ‘‘Department’’

11 means the Department of the Interior.

12 (10) DIRECTOR.—The term ‘‘Director’’ means,

13 with respect to an area office, the Director of the

14 area office.

15 (11) FUNCTION.—The term ‘‘function’’ means

16 any duty, obligation, power, authority, responsibility,

17 right, privilege, activity, or program.

18 (12) INDIAN TRIBE.—The term ‘‘Indian tribe’’

19 has the same meaning as in section 4(e) of the In20 dian Self-Determination and Education Assistance

21 Act (25 U.S.C. 450b(e)).

22 (13) SECRETARY.—The term ‘‘Secretary’’

23 means the Secretary of the Interior.
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1 (14) SUPERINTENDENT.—The term ‘‘Super2 intendent’’ means the Superintendent of an agency

3 office.

4 (15) TRIBAL PRIORITY ALLOCATION AC5 COUNT.—The term ‘‘tribal priority allocation ac6 count’’ means an account so designated by the Bu7 reau, with respect to which program priorities and

8 funding levels are established by individual Indian

9 tribes.

10 (16) TRIBAL RECURRING BASE FUNDING.—The

11 term ‘‘tribal recurring base funding’’ means recur12 ring base funding (as defined and determined by the

13 Secretary) for the tribal priority allocation accounts

14 of an Indian tribe allocated to a tribe by the Bureau.

15 TITLE I—REORGANIZATION

16 COMPACTS

17 SEC. 101. REORGANIZATION OF AREA OFFICES.

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law—

20 (1) not later than 30 days after the date of en21 actment of this Act, the Secretary shall notify in

22 writing each Indian tribe served by an area office of

23 the time and place of the initial prenegotiation meet24 ing to establish a schedule for negotiations under

25 this subsection; and
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1 (2) not later than 150 days after the date of

2 enactment of this Act, the Secretary shall conclude

3 negotiations with the Indian tribes served by each

4 area office on a reorganization plan for the area of5 fice.

6 (b) CONTENTS OF AREA OFFICE PLANS.—

7 (1) IN GENERAL.—Each area office plan that is

8 prepared pursuant to this subsection shall provide

9 for the organization of the area office covered under

10 the plan. To the extent that a majority of the Indian

11 tribes served by the area office do not exercise the

12 option to maintain current organizational structures,

13 functions, or funding priorities pursuant to para14 graph (3), the reorganization plan shall provide,

15 with respect to the area office covered under the

16 plan, for—

17 (A) the reorganization of the administra18 tive structure of the area office;

19 (B) the reallocation of personnel (including

20 determinations of office size and functions);

21 (C) the delegation of authority of the Sec22 retary to the Director, Superintendents, or In23 dian tribes;

24 (D) transfers of functions;

25 (E) the specification of functions—
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1 (i) retained by the Bureau; or

2 (ii) transferred to Indian tribes served

3 by the area office;

4 (F) the issuance of waivers or other au5 thorities by the Secretary so that functions and

6 other responsibilities of the Secretary may be

7 carried out by the area office or transferred to

8 Indian tribes;

9 (G) the promulgation of revised regulations

10 relating to the functions of the area office that

11 are performed by the area office or transferred

12 to Indian tribes;

13 (H) the reordering of funding priorities;

14 and

15 (I) a formula for the transfer, to the tribal

16 recurring base funding for each Indian tribe

17 served by the area office, of unexpended bal18 ances of appropriations and other Federal

19 funds made available to the area office in con20 nection with any function transferred to Indian

21 tribes pursuant to subparagraph (E)(ii).

22 (2) SHARE OF FUNDING.—An area office plan

23 shall include, for each Indian tribe served by the

24 area office, a negotiated determination of the share

25 of the Indian tribe of the funds used by the area of-
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1 fice on an annual basis to support functions and

2 services of each tribe (hereafter in this subsection

3 referred to as the ‘‘tribal share’’).

4 (3) OPTION OF MAINTENANCE OF CURRENT

5 STATUS.—At the option of a majority of the Indian

6 tribes served by an area office, a reorganization plan

7 may provide for the continuation of organizational

8 structures, functions, or funding priorities of the

9 area office that are substantially similar to those in

10 effect at the time of the negotiation of the area of11 fice plan.

12 (4) APPROVAL OF AREA OFFICE PLAN BY IN13 DIAN TRIBES.—

14 (A) IN GENERAL.—On the date on which

15 the negotiation of an area office plan is con16 cluded, the Secretary shall submit the plan to

17 the Indian tribes served by the area office for

18 approval.

19 (B) EFFECT OF FAILURE OF INDIAN

20 TRIBE TO APPROVE PLAN.—If an Indian tribe

21 served by an area office fails to approve an area

22 office plan by the date that is 60 days after the

23 Secretary submits the plan pursuant to sub24 paragraph (A) to the Indian tribes served by
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1 that office, the plan shall be considered to have

2 been disapproved by that Indian tribe.

3 (C) REORGANIZATION COMPACT.—If, by

4 the date specified in subparagraph (B), a ma5 jority of the Indian tribes approve the area of6 fice plan by tribal resolution or other official act

7 of the governing body of each Indian tribe in8 volved, the Secretary shall enter into a reorga9 nization compact pursuant to subsection (c).

10 (5) SINGLE TRIBE AREA OFFICE.—Not later

11 than 30 days after the date of enactment of this

12 Act, the Secretary shall notify in writing an Indian

13 tribe that is served by an area office that serves only

14 that Indian tribe of the time and place of the initial

15 prenegotiation meeting to establish a schedule for

16 negotiations for an area office plan. If, by not later

17 than 60 days after the date of enactment of this

18 Act, an Indian tribe that is served by an area office

19 that serves only that Indian tribe notifies the Sec20 retary in writing that the Indian tribe elects to enter

21 into negotiations with the Secretary to prepare a re22 organization plan for the area office—

23 (A) not later than 150 days after the date

24 of enactment of this Act, the Secretary shall

25 conclude such negotiations; and
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1 (B) if, by the date that is 60 days after

2 the date specified in subparagraph (A), the In3 dian tribe approves the area office plan by trib4 al resolution or other official act of the govern5 ing body of the Indian tribe, the Secretary shall

6 enter into a reorganization compact with the

7 Indian tribe to carry out the area office plan.

8 (6) OPTION TO TAKE TRIBAL SHARE.—

9 (A) IN GENERAL.—If—

10 (i) by the date specified in paragraph

11 (4)(B), a majority of the Indian tribes

12 served by an area office fail to approve an

13 area office plan, an Indian tribe may, not

14 later than 60 days after the date specified

15 in paragraph (4)(B), notify the Secretary

16 in writing that the Indian tribe elects to

17 receive directly the tribal share of the In18 dian tribe; or

19 (ii) by the date specified in paragraph

20 (5)(B), the Indian tribe served by an area

21 office fails to approve an area office plan,

22 the Indian tribe may, not later than 60

23 days after the date specified in paragraph

24 (5)(B), notify the Secretary in writing that
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1 the Indian tribe elects to receive directly

2 the tribal share of the Indian tribe.

3 (B) AGREEMENT.—Not later than 30 days

4 after the date on which the Secretary receives

5 a notice under subparagraph (A), the Secretary

6 shall enter into an agreement with the Indian

7 tribe for the immediate and direct transfer to

8 the Indian tribe of an amount equal to the trib9 al share, or if the agreement covers a period of

10 less than 12 months, a prorated amount of the

11 tribal share. The agreement shall include—

12 (i) a negotiated determination of the

13 amount, if any, of residual Federal funds

14 to be retained by the Secretary for the

15 area office that are minimally necessary to

16 carry out trustee and other functions of

17 the Federal Government that are not dele18 gable to the Indian tribes served by the

19 area office; and

20 (ii) a negotiated description of the re21 sponsibilities to be carried out by—

22 (I) the area office; and

23 (II) the Indian tribe.

24 (7) SELF-DETERMINATION AND SELF-GOVERN25 ANCE AUTHORITIES NOT AFFECTED.—If an Indian
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1 tribe exercises the option to receive a tribal share

2 of funds in accordance with paragraph (6), the exer3 cise of that option may not be construed to limit

4 or restrict any right of that tribe or any other tribe

5 to receive funds under title I or IV of the Indian

6 Self-Determination and Education Assistance Act

7 (25 U.S.C. 450 et seq.), and funds received under

8 that Act may be included as part of the tribal share

9 identified in paragraph (6).

10 (8) SECRETARIAL AUTHORITY.—If, by the date

11 specified in subsection (c), a majority of the Indian

12 tribes served by an area office fail to approve the

13 plan pursuant to paragraph (4), the organizational

14 structure, functions, and funding priorities of the

15 area office in effect at the time of the negotiation of

16 the area office plan shall be determined by the Sec17 retary, in consultation with the Indian tribes served

18 by that area office, and in a manner consistent with

19 the exercise by any Indian tribe of the option to re20 ceive directly the tribal share of the Indian tribe

21 under paragraph (6).

22 (c) AREA OFFICE REORGANIZATION COMPACTS.—

23 (1) IN GENERAL.—Not later than 30 days after

24 the date on which a majority of the Indian tribes

25 served by the area office that is the subject of a re-
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1 organization plan have approved the plan pursuant

2 to subsection (b)(4), the Secretary shall enter into

3 an area office reorganization compact with the In4 dian tribes that have approved the plan to carry out

5 that plan (hereafter in this subsection referred to as

6 the ‘‘area office reorganization compact’’).

7 (2) PROHIBITION AGAINST CERTAIN LIMITA8 TIONS.—With respect to an Indian tribe that is not

9 a party to an area office reorganization compact en10 tered into by the Secretary under this subsection,

11 nothing in this section may limit or reduce the level

12 of any service or funding that the Indian tribe would

13 otherwise receive pursuant to applicable Federal law

14 (including title I or IV of the Indian Self-Determina15 tion and Education Assistance Act (25 U.S.C. 450

16 et seq.)).

17 SEC. 102. REORGANIZATION OF AGENCY OFFICES.

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law—

20 (1) not later than 30 days after the date of en21 actment of this Act, the Secretary shall notify each

22 Indian tribe in writing of the time and place of the

23 initial prenegotiation meeting to establish a schedule

24 for negotiations under this subsection; and
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1 (2) not later than 150 days after the date of

2 enactment of this Act, the Secretary, acting through

3 the Superintendent (or a designee of the Super4 intendent) of each agency office, shall conclude nego5 tiations with the Indian tribes served by each agency

6 office on an agency office plan for each agency of7 fice.

8 (b) CONTENTS OF AGENCY OFFICE PLANS.—

9 (1) IN GENERAL.—Each agency office plan that

10 is prepared by the Secretary pursuant to this sub11 section shall provide for the organization of the

12 agency office covered under the plan. To the extent

13 that a majority of the Indian tribes served by the

14 agency office do not exercise the option to maintain

15 current organizational structures, functions, or fund16 ing priorities pursuant to paragraph (3), the agency

17 office plan shall provide, with respect to the agency

18 office covered under the agency office plan, for—

19 (A) the reorganization of the administra20 tive structure of the agency office;

21 (B) the reallocation of personnel (including

22 determinations of office size and functions);

23 (C) the delegation of authority of the Sec24 retary to the Superintendent or Indian tribes;

25 (D) transfers of functions;
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1 (E) the specification of functions—

2 (i) retained by the Bureau; or

3 (ii) transferred to Indian tribes served

4 by the agency office;

5 (F) the issuance of waivers or other au6 thorities by the Secretary so that functions and

7 other responsibilities of the Secretary may be

8 carried out by the agency office or transferred

9 to Indian tribes;

10 (G) the promulgation of revised regulations

11 relating to the functions of the agency office

12 that are carried by the agency office or trans13 ferred to Indian tribes;

14 (H) the reordering of funding priorities;

15 and

16 (I) a formula for the transfer, to the tribal

17 recurring base funding for each Indian tribe

18 served by the agency office, of unexpended bal19 ances of appropriations and other Federal

20 funds made available to the agency office in

21 connection with any function transferred to In22 dian tribes pursuant to subparagraph (E)(ii).

23 (2) SHARE OF FUNDING.—An agency office

24 plan shall include, for each Indian tribe served by

25 the agency office, a negotiated determination of the
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1 share of the Indian tribe of the funds used by the

2 agency office on an annual basis to support func3 tions and services of the tribe (hereafter in this sub4 section referred to as the ‘‘tribal share’’).

5 (3) OPTION OF MAINTENANCE OF CURRENT

6 STATUS.—At the option of a majority of the Indian

7 tribes served by an agency office, an agency office

8 plan may provide for the continuation of organiza9 tional structures, functions, or funding priorities of

10 the agency office that are substantially similar to

11 those in effect at the time of the development of the

12 agency office plan.

13 (4) APPROVAL OF AGENCY OFFICE PLAN BY IN14 DIAN TRIBES.—

15 (A) IN GENERAL.—On the date on which

16 the negotiation of an agency office plan is con17 cluded, the Secretary shall submit the agency

18 office plan to the Indian tribes served by the

19 agency office for approval.

20 (B) EFFECT OF FAILURE OF INDIAN

21 TRIBE TO APPROVE PLAN.—If an Indian tribe

22 served by an agency office fails to approve an

23 agency office plan by the date that is 60 days

24 after the Secretary submits the plan pursuant

25 to subparagraph (A) to the Indian tribes served
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1 by that office, the plan shall be considered to

2 have been disapproved by that Indian tribe.

3 (C) REORGANIZATION COMPACT.—If, by

4 the date specified in subparagraph (B), a ma5 jority of the Indian tribes approve the agency

6 office plan by a tribal resolution or other offi7 cial act of the governing body of each Indian

8 tribe involved, the Secretary shall enter into a

9 reorganization compact pursuant to subsection

10 (c).

11 (5) SINGLE TRIBE AGENCY OFFICE.—Not later

12 than 30 days after the date of enactment of this

13 Act, the Secretary shall notify in writing an Indian

14 tribe that is served by an agency office that serves

15 only that Indian tribe of the time and place of the

16 initial prenegotiation meeting to establish a schedule

17 for negotiations for an agency office plan. If, by not

18 later than 60 days after the date of enactment of

19 this Act, an Indian tribe that is served by an agency

20 office that serves only that Indian tribe notifies the

21 Secretary in writing that the Indian tribe elects to

22 enter into negotiations with the Secretary to prepare

23 a reorganization plan for the agency office—
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1 (A) not later than 150 days after the date

2 of enactment of this Act, the Secretary shall

3 conclude such negotiations; and

4 (B) if, by the date that is 60 days after

5 the date specified in subparagraph (A), the In6 dian tribe approves the agency office plan by

7 tribal resolution or other official act of the gov8 erning body of the Indian tribe, the Secretary

9 shall enter into a reorganization compact with

10 the Indian tribe to carry out the area office

11 plan.

12 (6) OPTION TO TAKE TRIBAL SHARE.—

13 (A) IN GENERAL.—If—

14 (i) by the date specified in paragraph

15 (4)(B), a majority of the Indian tribes

16 served by an agency office fail to approve

17 an agency office plan, an Indian tribe may,

18 not later than 60 days after the date speci19 fied in paragraph (4)(B), notify the Sec20 retary in writing that the Indian tribe

21 elects to receive directly the tribal share of

22 the Indian tribe; or

23 (ii) by the date specified in paragraph

24 (5)(B), the Indian tribe served by an agen25 cy office fails to approve an agency office
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1 plan, the Indian tribe may, not later than

2 60 days after the date specified in para3 graph (5)(B), notify the Secretary in writ4 ing that the Indian tribe elects to receive

5 directly the tribal share of the Indian tribe.

6 (B) AGREEMENT.—Not later than 30 days

7 after the date on which the Secretary receives

8 a notice under subparagraph (A), the Secretary

9 shall enter into an agreement with the Indian

10 tribe for the immediate and direct transfer to

11 the Indian tribe of an amount equal to the trib12 al share, or if the agreement covers a period of

13 less than 12 months, a prorated amount of the

14 tribal share. The agreement shall include—

15 (i) a negotiated determination of the

16 amount, if any, of residual Federal funds

17 to be retained by the Secretary for the

18 agency office that are minimally necessary

19 to carry out trustee and other functions of

20 the Federal Government that are not dele21 gable to the Indian tribes served by the

22 agency office; and

23 (ii) a negotiated description of the re24 sponsibilities to be carried out by—

25 (I) the agency office; and
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1 (II) the Indian tribe.

2 (7) SELF-DETERMINATION AND SELF-GOVERN3 ANCE AUTHORITIES NOT AFFECTED.—If an Indian

4 tribe exercises the option to receive a tribal share of

5 funds in accordance with paragraph (6), the exercise

6 of that option may not be construed to limit or re7 strict any right of that tribe or any other tribe to

8 receive funds under title I or IV of the Indian Self9 Determination and Education Assistance Act (25

10 U.S.C. 450 et seq.), and funds received under that

11 Act may be included as part of the tribal share iden12 tified in paragraph (6).

13 (8) SECRETARIAL AUTHORITY.—If, by the date

14 specified in subsection (c), a majority of the Indian

15 tribes served by an agency office fail to approve the

16 plan pursuant to paragraph (4), the organizational

17 structure, functions, and funding priorities of the

18 agency office in effect at the time of the negotiation

19 of the agency office plan shall be determined by the

20 Secretary, in consultation with the Indian tribes

21 served by that agency office, and in a manner con22 sistent with the exercise by any Indian tribe of the

23 option to receive directly the tribal share of the In24 dian tribe under paragraph (6).

25 (c) AGENCY OFFICE REORGANIZATION COMPACTS.—
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1 (1) IN GENERAL.—Not later than 30 days after

2 the date on which a majority of the Indian tribes

3 served by an agency office that is the subject of an

4 agency office plan have approved that plan pursuant

5 to subsection (b)(4), the Secretary shall enter into a

6 reorganization compact with the Indian tribes to

7 carry out the agency office plan (hereafter in this

8 subsection referred to as the ‘‘agency office reorga9 nization compact’’).

10 (2) PROHIBITION AGAINST CERTAIN LIMITA11 TIONS.—With respect to an Indian tribe that is not

12 a party to an agency office reorganization compact

13 entered into under this subsection, nothing in this

14 section may limit or reduce the level of any service

15 or funding that the Indian tribe would otherwise re16 ceive pursuant to applicable Federal law (including

17 title I or IV of the Indian Self-Determination and

18 Education Assistance Act (25 U.S.C. 450 et seq.)).

19 SEC. 103. REORGANIZATION OF CENTRAL OFFICE.

20 (a) IN GENERAL.—Notwithstanding any other provi21 sion of law—

22 (1) not later than 30 days after the date of en23 actment of this Act, the Secretary shall notify in

24 writing each Indian tribe of the time and place of
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1 the initial prenegotiation meeting to establish a

2 schedule for negotiations under this subsection; and

3 (2) not later than 150 days after the date of

4 enactment of this Act, the Secretary shall conclude

5 negotiations with Indian tribes on a reorganization

6 plan for the central office. The Secretary shall nego7 tiate on an area-by-area basis with a representative

8 from each of the Indian tribes in each area, to deter9 mine the appropriate allocation of personnel and

10 funding made available to the central office to serve

11 the area and agency offices and Indian tribes in

12 each area office.

13 (b) CONTENT OF CENTRAL OFFICE PLAN.—

14 (1) IN GENERAL.—The central office plan shall

15 provide for determinations on the basis of the nego16 tiations described in subsection (a) concerning—

17 (A) which portion of the funds made avail18 able to the Secretary for the central office

19 shall—

20 (i) be used to support the area and

21 agency offices in each area; or

22 (ii) be considered funds that may be

23 transferred directly to Indian tribes in

24 each area pursuant to a formula developed

25 pursuant to paragraph (2)(J); and
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1 (B) the allocation of the personnel of the

2 central office to provide support to the area and

3 agency offices.

4 (2) REALLOCATION OF FUNDS AND PERSON5 NEL.—In developing the central office plan, to the

6 extent that the Secretary and the Indian tribes do

7 not exercise the option to maintain current organiza8 tional structures, functions, or funding priorities, the

9 central office plan shall provide, to the extent nec10 essary to accommodate the determinations made

11 under paragraph (1), for—

12 (A) the reorganization of the administra13 tive structure of the central office;

14 (B) the reallocation of personnel (including

15 determinations of office size and functions);

16 (C) the delegation of authority of the Sec17 retary carried out through the central office to

18 the Directors, Superintendents, or Indian

19 tribes;

20 (D) transfers of functions;

21 (E) the specification of functions—

22 (i) retained by the central office; or

23 (ii) transferred to area offices, agency

24 offices or Indian tribes;
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1 (F) the issuance of waivers or other au2 thorities by the Secretary so that functions and

3 other responsibilities of the Secretary may be

4 carried out by the central office or transferred

5 to area offices, agency offices, or Indian tribes;

6 (G) the promulgation of revised regulations

7 relating to the functions of the central office

8 that are carried by the central office or trans9 ferred to area offices, agency offices, or Indian

10 tribes;

11 (H) the reordering of funding priorities;

12 (I) allocation formulas to provide for the

13 remaining services to be provided to the area

14 and agency offices and Indian tribes by the

15 central office; and

16 (J) with respect to the transfer of funds to

17 the area and agency offices and Indian tribes in

18 each area, a formula, negotiated with the tribal

19 representatives identified in subsection (a), for

20 the transfer to the Indian tribes of all or a por21 tion of the funds described in paragraph

22 (1)(A)(ii).

23 (3) SHARE OF FUNDING.—The central office

24 plan shall include, for each Indian tribe, a nego25 tiated determination of the share of the Indian tribe
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1 (hereafter in this subsection referred to as the ‘‘trib2 al share’’) of the funds used by the central office on

3 an annual basis to support functions and services of

4 the Indian tribe and the personnel and services iden5 tified in subsection (a), after any funds identified in

6 paragraph (1)(A)(ii) have been allocated directly to

7 Indian tribes.

8 (4) OPTION TO TAKE TRIBAL SHARE.—

9 (A) IN GENERAL.—An Indian tribe may,

10 not later than 60 days after the date specified

11 in subsection (c), notify the Secretary in writing

12 that the Indian tribe elects to receive directly

13 the tribal share for that Indian tribe deter14 mined under paragraph (3) if that Indian

15 tribe—

16 (i) receives a tribal share of an area

17 office under section 101(b) and also re18 ceives a tribal share of an agency office

19 under section 102(b); or

20 (ii) receives a share pursuant to title

21 I or IV of the Indian Self-Determination

22 and Education Assistance Act (25 U.S.C.

23 450 et seq.).

24 (B) AGREEMENT.—Not later than 30 days

25 after the date on which an Indian tribe provides
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1 written notification to the Secretary under sub2 paragraph (A), the Secretary shall enter into an

3 agreement with the Indian tribe for the imme4 diate and direct transfer to the Indian tribe of

5 an amount equal to the tribal share, or if the

6 period covered by the agreement is less than 12

7 months, a prorated amount of the tribal share.

8 The agreement shall include—

9 (i) a negotiated determination of the

10 amount of residual Federal funds to be re11 tained by the Secretary for the central of12 fice that are minimally necessary to carry

13 out trustee and other functions of the Fed14 eral Government that are not delegable to

15 the Indian tribes served by the central of16 fice; and

17 (ii) a negotiated description of the re18 sponsibilities to be carried out by—

19 (I) the central office; and

20 (II) the Indian tribe.

21 (5) SELF-DETERMINATION AND SELF-GOVERN22 ANCE AUTHORITIES NOT AFFECTED.—If an Indian

23 tribe exercises the option to receive a tribal share of

24 funds in accordance with paragraph (4), the exercise

25 of that option may not be construed to limit or re-
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1 strict any right of that tribe or any other tribe to

2 receive funds under title I or IV of the Indian Self3 Determination and Education Assistance Act (25

4 U.S.C. 450 et seq.), and funds received under that

5 Act may be included as part of the tribal share iden6 tified in paragraph (4).

7 (c) CENTRAL OFFICE REORGANIZATION COM8 PACTS.—

9 (1) IN GENERAL.—Not later than 90 days after

10 the Secretary has concluded a negotiation of a

11 central office plan pursuant to subsection (a), the

12 Secretary shall, for each area office, enter into a

13 central office reorganization compact with the Indian

14 tribes in that area to implement the central office

15 plan (hereafter in this subsection referred to as the

16 ‘‘central office reorganization compact’’). The Sec17 retary may not implement the component of a

18 central office plan relating to an area until such

19 time as a majority of the Indian tribes in that area

20 have entered into a central office reorganization

21 compact. If a majority of the Indian tribes in an

22 area do not enter into a central office reorganization

23 compact with the Secretary pursuant to this para24 graph, the organizational structure, functions, and

25 funding priorities of the central office relating to the
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1 area and agency offices and Indian tribes in that

2 area and in effect at the time of the negotiation of

3 the central office plan shall be determined by the

4 Secretary, in consultation with the Indian tribes

5 served by each area office, and in a manner that

6 is consistent with the exercise by any Indian tribe

7 of the option to receive directly the tribal share of

8 the Indian tribe under subsection (b)(4).

9 (2) COORDINATION WITH AREA AND AGENCY

10 OFFICE PLANS.—Each central office reorganization

11 compact entered into by the Secretary under this

12 subsection shall specify that in the event the Sec13 retary determines that a central office reorganiza14 tion compact is inconsistent with a related area of15 fice reorganization compact entered into under sec16 tion 101(c) or a related agency office reorganization

17 compact entered into under section 102(c), the Sec18 retary, in negotiation with the Indian tribes that are

19 parties to the central office reorganization compact,

20 shall amend the compact to make such modifications

21 as are necessary to ensure consistency with the ap22 plicable area or agency office plan.

23 SEC. 104. AUTHORITY TO SPEND FUNDS.

24 Each Indian tribe that receives funds under this title

25 shall administer and expend those funds in a manner con-
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1 sistent with the authorities provided to Indian tribes under

2 the Indian Self-Determination and Education Assistance

3 Act (25 U.S.C. 450 et seq.).

4 SEC. 105. SAVINGS PROVISIONS.

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of this title, all orders, determinations, rules, regula7 tions, permits, agreements, grants, contracts, certificates,

8 licenses, registrations, privileges, and other administrative

9 actions—

10 (1) that have been issued, made, granted, or al11 lowed to become effective by the President, any Fed12 eral agency or official thereof, or by a court of com13 petent jurisdiction, in the performance of any func14 tion that is transferred to Indian tribes pursuant to

15 a reorganization compact that the Secretary enters

16 into pursuant to section 101, 102, or 103; and

17 (2) that are in effect on the effective date of the

18 reorganization compact, or were final before the ef19 fective date of the reorganization compact and are to

20 become effective on or after such date;

21 shall continue in effect according to their terms until

22 modified, terminated, superseded, set aside, or revoked in

23 accordance with law by the President, the Secretary, or

24 other authorized official, a court of competent jurisdiction,

25 or by operation of law.
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1 (b) PROCEEDINGS NOT AFFECTED.—

2 (1) IN GENERAL.—The provisions of a reorga3 nization compact that the Secretary enters into pur4 suant to section 101, 102, or 103 shall not affect

5 any proceedings, including notices of proposed rule6 making, or any application for any license, permit,

7 certificate, or financial assistance pending before the

8 Bureau at the time the reorganization compact takes

9 effect, with respect to the functions transferred by

10 the reorganization compact.

11 (2) CONTINUATION OF PROCEEDINGS.—The

12 proceedings and applications referred to in para13 graph (1) shall be continued. Orders shall be issued

14 in such proceedings, appeals shall be taken from

15 such orders, and payments shall be made pursuant

16 to such orders, as if the compact had not been en17 tered into, and orders issued in any such proceed18 ings shall continue in effect until modified, termi19 nated, superseded, or revoked by a duly authorized

20 official, by a court of competent jurisdiction, or by

21 operation of law.

22 (3) STATUTORY CONSTRUCTION.—Nothing in

23 this subsection shall be deemed to prohibit the dis24 continuance or modification of any such proceeding

25 under the same terms and conditions and to the
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1 same extent that such proceeding could have been

2 discontinued or modified if this title had not been

3 enacted.

4 (c) NONABATEMENT OF ACTIONS.—No suit, action,

5 or other proceeding commenced by or against the Bureau

6 or by or against any individual in the official capacity of

7 such individual as an officer of the Bureau shall abate by

8 reason of the enactment of this title.

9 SEC. 106. ADDITIONAL CONFORMING AMENDMENTS.

10 (a) RECOMMENDED LEGISLATION.—After consulta11 tion with Indian tribes and the appropriate committees of

12 the Congress, the Secretary shall prepare and submit to

13 the Congress appropriate recommendations for legislation

14 containing technical and conforming amendments to re15 flect the changes made pursuant to this title.

16 (b) SUBMISSION TO THE CONGRESS.—Not later than

17 120 days after the effective date of this title, the Secretary

18 shall submit to the Congress the recommended legislation

19 referred to in subsection (a).

20 SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

21 There are authorized to be appropriated such sums

22 as may be necessary to carry out this title.

23 SEC. 108. EFFECTIVE DATE.

24 This title shall take effect on the date of enactment

25 of this Act.
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1 SEC. 109. SEPARABILITY.

2 If a provision of this title or its application to any

3 person or circumstance is held invalid, neither the remain4 der of this title nor the application of the provision to

5 other persons or circumstances shall be affected.

6 SEC. 110. SUSPENSION OF CERTAIN ADMINISTRATIVE AC7 TIONS.

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, during the 2-year period beginning on the date

10 of enactment of this Act, the Secretary shall suspend the

11 implementation of all administrative activities that affect

12 the Bureau associated with reinventing government, na13 tional performance review, or other down sizing initiatives

14 of the executive branch of the Federal Government.

15 (b) CONSIDERATION OF COMPACTS.—During the pe16 riod specified in subsection (a), the reorganization com17 pacts entered into under this title shall be deemed to sat18 isfy the goals of the initiatives referred to in subsection

19 (a).

20 SEC. 111. STATUTORY CONSTRUCTION.

21 Nothing in this title may be construed to alter or di22 minish the Federal trust responsibility to Indian tribes,

23 individual Indians, or Indians with trust allotments.

24 SEC. 112. TRIBAL AUTHORITY RECOGNIZED.

25 Nothing in this title may be construed to prohibit or

26 limit the capacity of 2 or more Indian tribes to authorize,
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1 by tribal resolution or other official act of the governing

2 body of each Indian tribe involved, a group of Indian

3 tribes to exercise any authority granted to an Indian tribe

4 under this title, except that the approval of an area office

5 or agency office reorganization plan under sections

6 101(b)(4) and 102(b)(4), and the entering into a central

7 office reorganization compact under section 103(c)(1),

8 shall be authorized by the separate tribal resolution or

9 other official act of the governing body of each Indian

10 tribe involved.

11 SEC. 113. RENEGOTIATION AUTHORITY.

12 The Indian tribes served by an agency or area office

13 may annually exercise any authorities that the Indian

14 tribes are authorized to exercise under this title during

15 any calendar year that begins after the date of enactment

16 of this Act, including authorities relating to the negotia17 tion of reorganization plans and the election to receive

18 tribal shares. In any case in which an Indian tribe exer19 cises an authority pursuant to the preceding sentence, the

20 timeframes set forth in this title shall be calculated from

21 the annual anniversary date of the date of enactment of

22 this Act.

23 SEC. 114. DISCLOSURE OF INFORMATION.

24 (a) IN GENERAL.—Upon entering into negotiations

25 required under sections 101, 102, and 103, and in a timely
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1 manner throughout that negotiation process, the Secretary

2 shall provide to Indian tribes the budgetary, structural,

3 administrative, and legal information that is necessary for

4 the negotiated reorganization of the agency offices, area

5 offices, and central office.

6 (b) TECHNICAL ASSISTANCE.—Upon the request of

7 an Indian tribe, the Secretary shall provide such technical

8 assistance as may be required to interpret the information

9 provided under subsection (a).

10 TITLE II—AMENDMENT TO THE

11 INDIAN SELF-DETERMINA12 TION AND EDUCATION AS13 SISTANCE ACT

14 SEC. 201. BUDGET DEVELOPMENT.

15 The Indian Self-Determination and Education Assist16 ance Act (25 U.S.C. 450 et seq.) is amended by adding

17 at the end the following new title:

18 ‘‘TITLE V—BUDGET

19 DEVELOPMENT

20 ‘‘SEC. 501. PARTICIPATION OF INDIAN TRIBES IN THE DE21 VELOPMENT OF BUDGET REQUESTS.

22 ‘‘(a) BUDGET REQUESTS FOR THE BUREAU OF IN23 DIAN AFFAIRS.—Notwithstanding any other provision of

24 law, not later than 120 days after the date of enactment
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1 of this title, the Secretary of the Interior shall establish

2 a program—

3 ‘‘(1) to provide information to Indian tribes

4 concerning the development of budget requests for

5 the Bureau of Indian Affairs that are submitted to

6 the President by the Secretary of the Interior for in7 clusion in the annual budget of the President sub8 mitted to the Congress pursuant to section 1108 of

9 title 31, United States Code; and

10 ‘‘(2) to ensure, to the maximum extent prac11 ticable, the participation by each Indian tribe in the

12 development of the budget requests referred to in

13 paragraph (1).

14 ‘‘(b) BUDGET REQUESTS FOR THE INDIAN HEALTH

15 SERVICE.—Notwithstanding any other provision of law,

16 not later than 120 days after the date of enactment of

17 this title, the Secretary of Health and Human Services

18 shall establish a program—

19 ‘‘(1) to provide information to Indian tribes

20 concerning the development of budget requests by

21 the Secretary of Health and Human Services for the

22 Indian Health Service that are submitted to the

23 President by the Secretary of Health and Human

24 Services for inclusion in the annual budget referred

25 to in subsection (a)(1); and
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•HR 3354 IH

1 ‘‘(2) to ensure, to the maximum extent prac2 ticable, the participation by each Indian tribe in the

3 development of the budget requests referred to in

4 paragraph (1).

5 ‘‘(c) REQUIREMENTS FOR PROGRAMS.—

6 ‘‘(1) IN GENERAL.—Each program established

7 under this section shall, to the maximum extent

8 practicable—

9 ‘‘(A) provide for the estimation of—

10 ‘‘(i) the funds authorized to be appro11 priated on an annual basis for the benefit

12 of Indian tribes; and

13 ‘‘(ii) for each Indian tribe, the portion

14 of the funds described in clause (i) that

15 will be provided for the benefit of the In16 dian tribe;

17 ‘‘(B) provide, for each Indian tribe—

18 ‘‘(i) the opportunity to establish prior19 ities for using the estimated funds de20 scribed in subparagraph (A)(ii); and

21 ‘‘(ii) the authority and flexibility to

22 design tribal and Federal programs that

23 receive Federal funds to best meet the

24 needs of the community served by the In25 dian tribe; and
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1 ‘‘(C) provide for the collection and dissemi2 nation of information that is necessary for ef3 fective planning, evaluation, and reporting by

4 the Secretary of the Interior or the Secretary of

5 Health and Human Services and Indian tribes

6 concerning the comparative social and public

7 health conditions of Indian communities (as de8 fined and determined by the Secretary of the

9 Interior and the Secretary of Health and

10 Human Services) at local, regional, and na11 tional levels.

12 ‘‘(2) DUTIES OF THE SECRETARIES.—In carry13 ing out the programs established under this section,

14 the Secretary of the Interior and the Secretary of

15 Health and Human Services shall—

16 ‘‘(A) use any information provided by In17 dian tribes concerning the priorities referred to

18 in paragraph (1)(B);

19 ‘‘(B) support the creation of stable recur20 ring base funding (as defined and determined

21 by each such Secretary) for each Indian tribe;

22 ‘‘(C) seek to maintain stability in the plan23 ning and allocation of the amounts provided for

24 in the budget of the Bureau of Indian Affairs
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1 and the Indian Health Service for Indian tribes;

2 and

3 ‘‘(D) assess the Federal programs or as4 sistance provided to each Indian tribe to deter5 mine—

6 ‘‘(i) the relative need for providing

7 Federal funds to carry out each such pro8 gram; and

9 ‘‘(ii) the amount of recurring base

10 funding available to each Indian tribe to

11 carry out each such program.

12 ‘‘(3) CONTRACTS, GRANTS, AND ANNUAL FUND13 ING AGREEMENTS.—To provide, to the maximum ex14 tent practicable, for the full participation by the gov15 erning bodies of Indian tribes on an effective govern16 ment-to-government basis in carrying out the collec17 tion and sharing of information under this section,

18 the Secretary of the Interior or the Secretary of

19 Health and Human Services may—

20 ‘‘(A) enter into a self-determination con21 tract with an Indian tribe or make a grant to

22 an Indian tribe pursuant to section 102 or 103;

23 ‘‘(B) with respect to the Secretary of

24 Health and Human Services, enter into a fund-
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1 ing agreement with a participating Indian tribe

2 pursuant to title III; and

3 ‘‘(C) with respect to the Secretary of the

4 Interior, enter into a funding agreement with a

5 participating Indian tribe pursuant to title IV.

6 ‘‘SEC. 502. ASSESSMENT METHODOLOGY.

7 ‘‘(a) IN GENERAL.—Not later than 180 days after

8 the date of enactment of this title, the Secretary shall,

9 in cooperation with Indian tribes, and in accordance with

10 the negotiated rulemaking procedures under subchapter

11 III of chapter 5 of title 5, United States Code (as in effect

12 on the date of enactment of this title), promulgate stand13 ardized assessment methodologies to be used in carrying

14 out any budget determination for the Bureau concerning

15 the levels of funding that are necessary to fund each pro16 gram area (as defined and determined by the Secretary)

17 of the Bureau.

18 ‘‘(b) PARTICIPATION BY INDIAN TRIBES.—In carry19 ing out subsection (a), the Secretary shall take such action

20 as may be necessary to ensure, to the maximum extent

21 practicable, the direct and active participation of Indian

22 tribes at the local, regional, and national levels in the ne23 gotiated rulemaking process specified in subchapter III of

24 chapter 5 of title 5, United States Code.

25 ‘‘(c) COMMITTEE.—
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1 ‘‘(1) COMPOSITION.—The negotiated rule2 making committee established pursuant to the re3 quirements of section 565 of title 5, United States

4 Code (as in effect on the date of enactment of this

5 title), to carry out subsection (a) shall only be com6 prised of—

7 ‘‘(A) individuals who represent the Federal

8 Government; and

9 ‘‘(B) individuals who represent Indian

10 tribes.

11 ‘‘(2) REPRESENTATION BY INDIAN TRIBES.—A

12 majority of the members of the committee referred

13 to in paragraph (1) shall be individuals who rep14 resent Indian tribes.

15 ‘‘(d) ADAPTATION OF PROCEDURES.—The Secretary

16 shall adapt the negotiated rulemaking procedures carried

17 out under this section in the same manner as the Sec18 retary adapts, in accordance with section 407(c), the pro19 cedures carried out pursuant to section 407.

20 ‘‘SEC. 503. REPORTS TO THE CONGRESS.

21 ‘‘At the earliest practicable date after the date of pro22 mulgation of the regulations under section 502 on which

23 the Secretary of the Interior submits a budget request to

24 the President for inclusion in the annual budget of the

25 President submitted to the Congress pursuant to section
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1 1108 of title 31, United States Code, and annually there2 after, the Secretary shall prepare and submit to the Presi3 dent for inclusion in the annual budget submitted to the

4 Congress, a report that—

5 ‘‘(1) describes the standardized methodologies

6 that are the subject of the regulations promulgated

7 pursuant to section 502; and

8 ‘‘(2) includes—

9 ‘‘(A) for each program area of the Bureau

10 of Indian Affairs, an assessment of the level of

11 funding that is necessary to fund the program

12 area; and

13 ‘‘(B) for each Indian tribe served by a pro14 gram area referred to in paragraph (2)—

15 ‘‘(i) an assessment of the level of

16 funding that is necessary for each Indian

17 tribe served by the program area;

18 ‘‘(ii) the total amount of funding nec19 essary to cover all program areas with re20 spect to which the tribe receives services

21 (as determined by taking the aggregate of

22 the applicable amounts determined under

23 paragraph (3)); and

24 ‘‘(iii) a breakdown, for each program

25 area with respect to which the Indian tribe
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1 receives service, of the amount determined

2 under clause (ii).

3 ‘‘SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘There are authorized to be appropriated such sums

5 as may be necessary to carry out this title.’’.

6 TITLE III—REFORM OF THE REG7 ULATIONS OF THE BUREAU

8 OF INDIAN AFFAIRS

9 SEC. 301. BIA MANUAL.

10 (a) IN GENERAL.—Not later than 180 days after the

11 date of enactment of this Act, the Secretary shall—

12 (1) conduct a review of all provisions of the

13 BIA Manual;

14 (2) promulgate as proposed regulations those

15 provisions of the BIA Manual that the Secretary

16 deems necessary for the efficient implementation of

17 the Federal functions retained by the Bureau under

18 the reorganization compacts authorized by this Act;

19 and

20 (3) revoke all provisions of the BIA Manual

21 that are not promulgated as proposed regulations

22 under paragraph (2).

23 (b) CONSULTATION WITH INDIAN TRIBES.—In car24 rying out subsection (a), the Secretary shall, to the maxi25 mum extent practicable, consult with Indian tribes in such
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1 manner as to provide for the full participation of Indian

2 tribes.

3 SEC. 302. TASK FORCE.

4 (a) ESTABLISHMENT OF TASK FORCE.—

5 (1) IN GENERAL.—Not later than 90 days after

6 the date of enactment of this Act, the Secretary

7 shall establish a task force on regulatory reform

8 (hereafter in this section referred to as the ‘‘task

9 force’’).

10 (2) DUTIES.—The task force shall—

11 (A) review the regulations under title 25,

12 Code of Federal Regulations; and

13 (B) make recommendations concerning the

14 revision of the regulations.

15 (3) MEMBERSHIP.—The task force shall be

16 composed of 16 members, appointed by the Sec17 retary, including 12 members who are representa18 tives of Indian tribes from each of the 12 areas

19 served by area offices.

20 (4) INITIAL MEETING.—Not later than 60 days

21 after the date on which all members of the task

22 force have been appointed, the task force shall hold

23 its first meeting.

24 (5) MEETINGS.—The task force shall meet at

25 the call of the Chairperson.
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1 (6) QUORUM.—A majority of the members of

2 the task force shall constitute a quorum, but a lesser

3 number of members may hold hearings.

4 (7) CHAIRPERSON.—The task force shall select

5 a Chairperson from among its members.

6 (b) REPORTS.—

7 (1) REPORTS TO SECRETARY.—The task force

8 shall submit to the Secretary such reports as the

9 Secretary determines to be appropriate.

10 (2) REPORT TO THE CONGRESS AND TO INDIAN

11 TRIBES.—In addition to submitting the reports de12 scribed in paragraph (1), not later than 120 days

13 after its initial meeting, the task force shall prepare,

14 and submit to the Congress and to the governing

15 body of each Indian tribe, a report that includes—

16 (A) the findings of the task force concern17 ing the review conducted pursuant to subsection

18 (a)(2)(A); and

19 (B) the recommendations described in sub20 section (a)(2)(B).

21 (c) POWERS OF THE TASK FORCE.—

22 (1) HEARINGS.—The task force may hold such

23 hearings, sit and act at such times and places, take

24 such testimony, and receive such evidence as the
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1 task force considers advisable to carry out the duties

2 of the task force specified in subsection (a)(2).

3 (2) INFORMATION FROM FEDERAL AGENCIES.—

4 The task force may secure directly from any Federal

5 department or agency such information as the task

6 force considers necessary to carry out the duties of

7 the task force specified in subsection (a)(2).

8 (3) POSTAL SERVICES.—The task force may

9 use the United States mails in the same manner and

10 under the same conditions as other departments and

11 agencies of the Federal Government.

12 (4) GIFTS.—The task force may accept, use,

13 and dispose of gifts or donations of services or prop14 erty.

15 (d) TASK FORCE PERSONNEL MATTERS.—

16 (1) COMPENSATION OF MEMBERS.—Members of

17 the task force who are not officers or employees of

18 the Federal Government shall serve without com19 pensation, except for travel expenses, as provided

20 under paragraph (2). Members of the task force who

21 are officers or employees of the United States shall

22 serve without compensation in addition to that re23 ceived for their services as officers or employees of

24 the United States.
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1 (2) TRAVEL EXPENSES.—The members of the

2 task force shall be allowed travel expenses, including

3 per diem in lieu of subsistence, at rates authorized

4 for employees of agencies under subchapter I of

5 chapter 57 of title 5, United States Code, while

6 away from their homes or regular places of business

7 in the performance of services for the task force.

8 (3) STAFF.—

9 (A) IN GENERAL.—The Chairperson of the

10 task force may, without regard to the civil serv11 ice laws, appoint and terminate such personnel

12 as may be necessary to enable the task force to

13 perform its duties.

14 (B) PROCUREMENT OF TEMPORARY AND

15 INTERMITTENT SERVICES.—The Chairperson of

16 the task force may procure temporary and

17 intermittent service under section 3109(b) of

18 title 5, United States Code, at rates for individ19 uals that do not exceed the daily equivalent of

20 the annual rate of basic pay prescribed under

21 GS–13 of the General Schedule established

22 under section 5332 of title 5, United States

23 Code.

24 (e) TERMINATION OF TASK FORCE.—The task force

25 shall terminate 30 days after the date on which the task
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1 force submits its reports to the Congress and to Indian

2 tribes under subsection (b)(2).

3 (f) EXEMPTION FROM FEDERAL ADVISORY COMMIT4 TEE ACT.—All of the activities of the task force conducted

5 under this title shall be exempt from the Federal Advisory

6 Committee Act (5 U.S.C. App.).

7 (g) PROHIBITION.—Beginning on the date of enact8 ment of this Act, no provision of any internal manual or

9 handbook or other written procedure purporting to govern

10 the conduct of the Department in relation to Indian tribes

11 shall be binding upon any Indian tribe unless that provi12 sion has been promulgated as a final regulation in accord13 ance with applicable Federal law.

14 SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

15 There are authorized to be appropriated such sums

16 as may be necessary to carry out this title.

Æ