II 

113TH CONGRESS 

1ST SESSION S. 919 

To amend the Indian Self-Determination and Education Assistance Act to 

provide further self-governance by Indian tribes, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2013 

Ms. CANTWELL (for herself, Mr. BARRASSO, Mrs. MURRAY, Mr. BAUCUS, Mr. 

TESTER, Mr. UDALL of New Mexico, Mr. HEINRICH, Mr. SCHATZ, Mr. 

WYDEN, and Mr. CRAPO) introduced the following bill; which was read 

twice and referred to the Committee on Indian Affairs 

A BILL 

To amend the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian 

tribes, 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; TABLE OF CONTENTS. 

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

5 ‘‘Department of the Interior Tribal Self-Governance Act 

6 of 2013’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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TITLE I—INDIAN SELF-DETERMINATION 

Sec. 101. Definitions; reporting and audit requirements; application of provisions. 

Sec. 102. Contracts by Secretary of the Interior. 

Sec. 103. Administrative provisions. 

Sec. 104. Contract funding and indirect costs. 

Sec. 105. Contract or grant specifications. 

TITLE II—TRIBAL SELF-GOVERNANCE 

Sec. 201. Tribal self-governance. 

Sec. 202. Effect of certain provisions. 

1 TITLE I—INDIAN SELF2 DETERMINATION 

3 SEC. 101. DEFINITIONS; REPORTING AND AUDIT REQUIRE4 MENTS; APPLICATION OF PROVISIONS. 

5 (a) DEFINITIONS.—Section 4 of the Indian Self-De6 termination and Education Assistance Act (25 U.S.C. 

7 450b) is amended by striking subsection (j) and inserting 

8 the following: 

9 ‘‘(j) ‘self-determination contract’ means a contract 

10 entered into under title I (or a grant or cooperative agree11 ment used under section 9) between a tribal organization 

12 and the appropriate Secretary for the planning, conduct, 

13 and administration of programs or services that are other14 wise provided to Indian tribes and members of Indian 

15 tribes pursuant to Federal law, subject to the condition 

16 that, except as provided in section 105(a)(3), no contract 

17 entered into under title I (or grant or cooperative agree18 ment used under section 9) shall be— 


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1 ‘‘(1) considered to be a procurement contract; 

2 or 

3 ‘‘(2) except as provided in section 107(a)(1), 

4 subject to any Federal procurement law (including 

5 regulations);’’. 

6 (b) REPORTING AND AUDIT REQUIREMENTS.—Sec7 tion 5(b) of the Indian Self-Determination and Education 

8 Assistance Act (25 U.S.C. 450c(b)) is amended— 

9 (1) by striking ‘‘after completion of the project 

10 or undertaking referred to in the preceding sub11 section of this section’’ and inserting ‘‘after the re12 tention period for the report that is submitted to the 

13 Secretary under subsection (a)’’; and 

14 (2) by adding at the end the following: ‘‘The re15 tention period shall be defined in regulations pro16 mulgated by the Secretary pursuant to section 

17 414.’’. 

18 (c) APPLICATION OF OTHER PROVISIONS.—Sections 

19 4, 5, 6, 7, 102(c), 104, 105(a)(1), 105(f), 110, and 111 

20 of the Indian Self-Determination and Education Assist21 ance Act, as amended (25 U.S.C. 450 et seq.) (Public Law 

22 93–638; 88 Stat. 2203) and section 314 of the Depart23 ment of the Interior and Related Agencies Appropriations 

24 Act, 1991 (Public Law 101–512; 104 Stat. 1959), apply 


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1 to compacts and funding agreements entered into under 

2 title IV. 

3 SEC. 102. CONTRACTS BY SECRETARY OF THE INTERIOR. 

4 Section 102 of the Indian Self-Determination and 

5 Education Assistance Act (25 U.S.C. 450f) is amended— 

6 (1) in subsection (c)(2), by striking ‘‘economic 

7 enterprises’’ and all that follows through ‘‘except 

8 that’’ and inserting ‘‘economic enterprises (as de9 fined in section 3 of the Indian Financing Act of 

10 1974 (25 U.S.C. 1452)), except that’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(f) GOOD FAITH REQUIREMENT.—Subject to sec13 tion 202 of the Department of the Interior Tribal Self14 Governance Act of 2013, in the negotiation of contracts 

15 and funding agreements, the Secretary shall— 

16 ‘‘(1) at all times negotiate in good faith to 

17 maximize implementation of the self-determination 

18 policy; and 

19 ‘‘(2) carry out this Act in a manner that maxi20 mizes the policy of tribal self-determination, in a 

21 manner consistent with the purposes specified in sec22 tion 3. 

23 ‘‘(g) RULE OF CONSTRUCTION.—Subject to section 

24 202 of the Department of the Interior Tribal Self-Govern25 ance Act of 2013, each provision of this Act and each proVerDate Mar 15 2010 02:25 May 14, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

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1 vision of a contract or funding agreement shall be liberally 

2 construed for the benefit of the Indian tribe participating 

3 in self-determination, and any ambiguity shall be resolved 

4 in favor of the Indian tribe.’’. 

5 SEC. 103. ADMINISTRATIVE PROVISIONS. 

6 Section 105 of the Indian Self-Determination and 

7 Education Assistance Act (25 U.S.C. 450j) is amended— 

8 (1) in subsection (b), in the first sentence, by 

9 striking ‘‘pursuant to’’ and all that follows through 

10 ‘‘of this Act’’ and inserting ‘‘pursuant to sections 

11 102 and 103’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(p) INTERPRETATION BY SECRETARY.—Except as 

14 otherwise provided by law (including section 202 of the 

15 Department of the Interior Tribal Self-Governance Act of 

16 2013), the Secretary shall interpret all Federal laws (in17 cluding regulations) and Executive orders in a manner 

18 that facilitates, to the maximum extent practicable— 

19 ‘‘(1) the inclusion in self-determination con20 tracts and funding agreements of— 

21 ‘‘(A) applicable programs, services, func22 tions, and activities (or portions thereof); and 

23 ‘‘(B) funds associated with those pro24 grams, services, functions, and activities; 


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1 ‘‘(2) the implementation of self-determination 

2 contracts and funding agreements; and 

3 ‘‘(3) the achievement of tribal health objec4 tives.’’. 

5 SEC. 104. CONTRACT FUNDING AND INDIRECT COSTS. 

6 Section 106(a)(3) of the Indian Self-Determination 

7 and Education Assistance Act (25 U.S.C. 450j–1(a)(3)) 

8 is amended— 

9 (1) in subparagraph (A)— 

10 (A) in clause (i), by striking ‘‘, and’’ and 

11 inserting ‘‘; and’’; and 

12 (B) in clause (ii), by striking ‘‘expense re13 lated to the overhead incurred’’ and inserting 

14 ‘‘expense incurred by the governing body of the 

15 Indian tribe or tribal organization and any 

16 overhead expense incurred’’; 

17 (2) by redesignating subparagraph (B) as sub18 paragraph (C); and 

19 (3) by inserting after subparagraph (A) the fol20 lowing: 

21 ‘‘(B) In calculating the reimbursement rate 

22 for expenses described in subparagraph (A)(ii), 

23 not less than 50 percent of the expenses de24 scribed in subparagraph (A)(ii) that are in25 curred by the governing body of an Indian tribe 


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1 or tribal organization relating to a Federal pro2 gram, function, service, or activity carried out 

3 pursuant to the contract shall be considered to 

4 be reasonable and allowable.’’. 

5 SEC. 105. CONTRACT OR GRANT SPECIFICATIONS. 

6 Section 108 of the Indian Self-Determination and 

7 Education Assistance Act (25 U.S.C. 450l) is amended— 

8 (1) in subsection (a)(2), by inserting ‘‘subject 

9 to subsections (a) and (b) of section 102,’’ before 

10 ‘‘contain’’; and 

11 (2) in subsection (f)(2)(A)(ii) of the model 

12 agreement contained in subsection (c), by inserting 

13 ‘‘subject to subsections (a) and (b) of section 102 of 

14 the Indian Self-Determination and Education Assist15 ance Act (25 U.S.C. 450f),’’ before ‘‘such other pro16 visions’’. 

17 TITLE II—TRIBAL SELF18 GOVERNANCE 

19 SEC. 201. TRIBAL SELF-GOVERNANCE. 

20 (a) DEFINITIONS.—Section 401 of the Indian Self21 Determination and Education Assistance Act (25 U.S.C. 

22 458aa) is amended to read as follows: 

23 ‘‘SEC. 401. DEFINITIONS. 

24 ‘‘In this title: 


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1 ‘‘(1) COMPACT.—The term ‘compact’ means a 

2 self-governance compact entered into under section 

3 404. 

4 ‘‘(2) CONSTRUCTION PROGRAM; CONSTRUCTION

5 PROJECT.—The term ‘construction program’ or ‘con6 struction project’ means a tribal undertaking relat7 ing to the administration, planning, environmental 

8 determination, design, construction, repair, improve9 ment, or expansion of roads, bridges, buildings, 

10 structures, systems, or other facilities for purposes 

11 of housing, law enforcement, detention, sanitation, 

12 water supply, education, administration, community, 

13 health, irrigation, agriculture, conservation, flood 

14 control, transportation, or port facilities, or for other 

15 tribal purposes. 

16 ‘‘(3) DEPARTMENT.—The term ‘Department’ 

17 means the Department of the Interior. 

18 ‘‘(4) FUNDING AGREEMENT.—The term ‘fund19 ing agreement’ means a funding agreement entered 

20 into under section 403. 

21 ‘‘(5) GROSS MISMANAGEMENT.—The term 

22 ‘gross mismanagement’ means a significant viola23 tion, shown by a preponderance of the evidence, of 

24 a compact, funding agreement, or statutory or regu25 latory requirement applicable to Federal funds— 


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1 ‘‘(A) for a program administered by an In2 dian tribe; or 

3 ‘‘(B) under a compact or funding agree4 ment that results in a significant reduction of 

5 funds available for the programs assumed by an 

6 Indian tribe. 

7 ‘‘(6) INHERENT FEDERAL FUNCTION.—The 

8 term ‘inherent Federal function’ means a Federal 

9 function that may not legally be delegated to an In10 dian tribe. 

11 ‘‘(7) PROGRAM.—The term ‘program’ means 

12 any program, function, service, or activity (or por13 tion thereof) within the Department that is included 

14 in a funding agreement. 

15 ‘‘(8) SECRETARY.—The term ‘Secretary’ means 

16 the Secretary of the Interior. 

17 ‘‘(9) SELF-GOVERNANCE.—The term ‘self-gov18 ernance’ means the Tribal Self-Governance Program 

19 established under section 402. 

20 ‘‘(10) TRIBAL SHARE.—The term ‘tribal share’ 

21 means the portion of all funds and resources of an 

22 Indian tribe that— 

23 ‘‘(A) support any program within the Bu24 reau of Indian Affairs, the Office of Special 


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1 Trustee, or the Office of the Assistant Sec2 retary for Indian Affairs; and 

3 ‘‘(B) are not required by the Secretary for 

4 the performance of an inherent Federal func5 tion.’’. 

6 (b) ESTABLISHMENT.—Section 402 of the Indian 

7 Self-Determination and Education Assistance Act (25 

8 U.S.C. 458bb) is amended to read as follows: 

9 ‘‘SEC. 402. TRIBAL SELF-GOVERNANCE PROGRAM. 

10 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab11 lish and carry out a program within the Department to 

12 be known as the ‘Tribal Self-Governance Program’. 

13 ‘‘(b) SELECTION OF PARTICIPATING INDIAN

14 TRIBES.— 

15 ‘‘(1) IN GENERAL.— 

16 ‘‘(A) ELIGIBILITY.—The Secretary, acting 

17 through the Director of the Office of Self-Gov18 ernance, may select up to 50 new Indian tribes 

19 per year from those eligible under subsection 

20 (c) to participate in self-governance. 

21 ‘‘(B) JOINT PARTICIPATION.—On the re22 quest of each participating Indian tribe, two or 

23 more otherwise eligible Indian tribes may be 

24 treated as a single Indian tribe for the purpose 

25 of participating in self-governance. 


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1 ‘‘(2) OTHER AUTHORIZED INDIAN TRIBE OR

2 TRIBAL ORGANIZATION.—If an Indian tribe author3 izes another Indian tribe or a tribal organization to 

4 plan for or carry out a program on its behalf under 

5 this title, the authorized Indian tribe or tribal orga6 nization shall have the rights and responsibilities of 

7 the authorizing Indian tribe (except as otherwise 

8 provided in the authorizing resolution). 

9 ‘‘(3) JOINT PARTICIPATION.—Two or more In10 dian tribes that are not otherwise eligible under sub11 section (c) may be treated as a single Indian tribe 

12 for the purpose of participating in self-governance as 

13 a tribal organization if— 

14 ‘‘(A) each Indian tribe so requests; and 

15 ‘‘(B) the tribal organization itself, or at 

16 least one of the Indian tribes participating in 

17 the tribal organization, is eligible under sub18 section (c). 

19 ‘‘(4) TRIBAL WITHDRAWAL FROM A TRIBAL OR20 GANIZATION.— 

21 ‘‘(A) IN GENERAL.—An Indian tribe that 

22 withdraws from participation in a tribal organi23 zation, in whole or in part, shall be entitled to 

24 participate in self-governance if the Indian tribe 

25 is eligible under subsection (c). 


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1 ‘‘(B) EFFECT OF WITHDRAWAL.—If an In2 dian tribe withdraws from participation in a 

3 tribal organization, the Indian tribe shall be en4 titled to its tribal share of funds and resources 

5 supporting the programs that the Indian tribe 

6 is entitled to carry out under the compact and 

7 funding agreement of the Indian tribe. 

8 ‘‘(C) PARTICIPATION IN SELF-GOVERN9 ANCE.—The withdrawal of an Indian tribe from 

10 a tribal organization shall not affect the eligi11 bility of the tribal organization to participate in 

12 self-governance on behalf of one or more other 

13 Indian tribes, if the tribal organization still 

14 qualifies under subsection (c). 

15 ‘‘(D) WITHDRAWAL PROCESS.— 

16 ‘‘(i) IN GENERAL.—An Indian tribe 

17 may, by tribal resolution, fully or partially 

18 withdraw its tribal share of any program 

19 in a funding agreement from a partici20 pating tribal organization. 

21 ‘‘(ii) NOTIFICATION.—The Indian 

22 tribe shall provide a copy of the tribal reso23 lution described in clause (i) to the Sec24 retary. 

25 ‘‘(iii) EFFECTIVE DATE.— 


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1 ‘‘(I) IN GENERAL.—A withdrawal 

2 under clause (i) shall become effective 

3 on the date that is specified in the 

4 tribal resolution and mutually agreed 

5 upon by the Secretary, the with6 drawing Indian tribe, and the tribal 

7 organization that signed the compact 

8 and funding agreement on behalf of 

9 the withdrawing Indian tribe or tribal 

10 organization. 

11 ‘‘(II) NO SPECIFIED DATE.—In 

12 the absence of a date specified in the 

13 resolution, the withdrawal shall be14 come effective on— 

15 ‘‘(aa) the earlier of— 

16 ‘‘(AA) 1 year after the 

17 date of submission of the re18 quest; and 

19 ‘‘(BB) the date on 

20 which the funding agree21 ment expires; or 

22 ‘‘(bb) such date as may be 

23 mutually agreed upon by the Sec24 retary, the withdrawing Indian 

25 tribe, and the tribal organization 


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1 that signed the compact and 

2 funding agreement on behalf of 

3 the withdrawing Indian tribe or 

4 tribal organization. 

5 ‘‘(E) DISTRIBUTION OF FUNDS.—If an In6 dian tribe or tribal organization eligible to enter 

7 into a self-determination contract under title I 

8 or a compact or funding agreement under this 

9 title fully or partially withdraws from a partici10 pating tribal organization, the withdrawing In11 dian tribe— 

12 ‘‘(i) may elect to enter into a self-de13 termination contract or compact, in which 

14 case— 

15 ‘‘(I) the withdrawing Indian tribe 

16 or tribal organization shall be entitled 

17 to its tribal share of unexpended 

18 funds and resources supporting the 

19 programs that the Indian tribe will be 

20 carrying out under its own self-deter21 mination contract or compact and 

22 funding agreement (calculated on the 

23 same basis as the funds were initially 

24 allocated to the funding agreement of 

25 the tribal organization); and 


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1 ‘‘(II) the funds referred to in 

2 subclause (I) shall be withdrawn by 

3 the Secretary from the funding agree4 ment of the tribal organization and 

5 transferred to the withdrawing Indian 

6 tribe, on the condition that sections 

7 102 and 105(i), as appropriate, shall 

8 apply to the withdrawing Indian tribe; 

9 or 

10 ‘‘(ii) may elect not to enter into a self11 determination contract or compact, in 

12 which case all unexpended funds and re13 sources associated with the withdrawing 

14 Indian tribe’s returned programs (cal15 culated on the same basis as the funds 

16 were initially allocated to the funding 

17 agreement of the tribal organization) shall 

18 be returned by the tribal organization to 

19 the Secretary for operation of the pro20 grams included in the withdrawal. 

21 ‘‘(F) RETURN TO MATURE CONTRACT STA22 TUS.—If an Indian tribe elects to operate all or 

23 some programs carried out under a compact or 

24 funding agreement under this title through a 

25 self-determination contract under title I, at the 


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1 option of the Indian tribe, the resulting self-de2 termination contract shall be a mature self-de3 termination contract as long as the Indian tribe 

4 meets the requirements set forth in section 

5 4(h). 

6 ‘‘(c) ELIGIBILITY.—To be eligible to participate in 

7 self-governance, an Indian tribe shall— 

8 ‘‘(1) successfully complete the planning phase 

9 described in subsection (d); 

10 ‘‘(2) request participation in self-governance by 

11 resolution or other official action by the tribal gov12 erning body; and 

13 ‘‘(3) demonstrate, for the 3 fiscal years pre14 ceding the date on which the Indian tribe requests 

15 participation, financial stability and financial man16 agement capability as evidenced by the Indian tribe 

17 having no uncorrected significant and material audit 

18 exceptions in the required annual audit of its self19 determination or self-governance agreements with 

20 any Federal agency. 

21 ‘‘(d) PLANNING PHASE.— 

22 ‘‘(1) IN GENERAL.—An Indian tribe seeking to 

23 begin participation in self-governance shall complete 

24 a planning phase as provided in this subsection. 

25 ‘‘(2) ACTIVITIES.—The planning phase shall— 


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1 ‘‘(A) be conducted to the satisfaction of 

2 the Indian tribe; and 

3 ‘‘(B) include— 

4 ‘‘(i) legal and budgetary research; and 

5 ‘‘(ii) internal tribal government plan6 ning, training, and organizational prepara7 tion. 

8 ‘‘(e) GRANTS.— 

9 ‘‘(1) IN GENERAL.—Subject to the availability 

10 of appropriations, an Indian tribe or tribal organiza11 tion that meets the requirements of paragraphs (2) 

12 and (3) of subsection (c) shall be eligible for 

13 grants— 

14 ‘‘(A) to plan for participation in self-gov15 ernance; and 

16 ‘‘(B) to negotiate the terms of participa17 tion by the Indian tribe or tribal organization 

18 in self-governance, as set forth in a compact 

19 and a funding agreement. 

20 ‘‘(2) RECEIPT OF GRANT NOT REQUIRED.—Re21 ceipt of a grant under paragraph (1) shall not be a 

22 requirement of participation in self-governance.’’. 

23 (c) FUNDING AGREEMENTS.—Section 403 of the In24 dian Self-Determination and Education Assistance Act 

25 (25 U.S.C. 458cc) is amended— 


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1 (1) by striking subsection (a) and inserting the 

2 following: 

3 ‘‘(a) AUTHORIZATION.—The Secretary shall, on the 

4 request of any Indian tribe or tribal organization, enter 

5 into a written funding agreement with the governing body 

6 of the Indian tribe or the tribal organization in a manner 

7 consistent with— 

8 ‘‘(1) the trust responsibility of the Federal Gov9 ernment, treaty obligations, and the government-to10 government relationship between Indian tribes and 

11 the United States; and 

12 ‘‘(2) subsection (b).’’; 

13 (2) in subsection (b)— 

14 (A) in paragraph (1)— 

15 (i) in the matter preceding subpara16 graph (A), by striking ‘‘without regard to 

17 the agency or office of the Bureau of In18 dian Affairs’’ and inserting ‘‘the Office of 

19 the Assistant Secretary for Indian Affairs, 

20 and the Office of the Special Trustee, 

21 without regard to the agency or office of 

22 that Bureau or those Offices’’; 

23 (ii) in subparagraph (B), by striking 

24 ‘‘and’’; 


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1 (iii) in subparagraph (C), by inserting 

2 ‘‘and’’ after the semicolon at the end; and 

3 (iv) by adding at the end the fol4 lowing: 

5 ‘‘(D) any other programs, services, func6 tions, or activities (or portions thereof) that are 

7 provided through the Bureau of Indian Affairs, 

8 the Office of the Assistant Secretary for Indian 

9 Affairs, or the Office of the Special Trustee 

10 with respect to which Indian tribes or Indians 

11 are primary or significant beneficiaries;’’; 

12 (B) in paragraph (2)— 

13 (i) by striking ‘‘section 405(c)’’ and 

14 inserting ‘‘section 413(c)’’; and 

15 (ii) by inserting ‘‘and’’ after the semi16 colon at the end; 

17 (C) in paragraph (3), by striking the semi18 colon at the end and inserting a period; and 

19 (D) by striking paragraphs (4) through 

20 (9); and 

21 (3) by adding at the end the following: 

22 ‘‘(m) OTHER PROVISIONS.— 

23 ‘‘(1) EXCLUDED FUNDING.—A funding agree24 ment shall not authorize an Indian tribe to plan, 


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1 conduct, administer, or receive tribal share funding 

2 under any program that— 

3 ‘‘(A) is provided under the Tribally Con4 trolled Colleges and Universities Assistance Act 

5 of 1978 (25 U.S.C. 1801 et seq.); and 

6 ‘‘(B) is provided for elementary and sec7 ondary schools under the formula developed 

8 under section 1127 of the Education Amend9 ments of 1978 (25 U.S.C. 2007). 

10 ‘‘(2) SERVICES, FUNCTIONS, AND RESPONSIBIL11 ITIES.—A funding agreement shall specify— 

12 ‘‘(A) the services to be provided under the 

13 funding agreement; 

14 ‘‘(B) the functions to be performed under 

15 the funding agreement; and 

16 ‘‘(C) the responsibilities of the Indian tribe 

17 and the Secretary under the funding agreement. 

18 ‘‘(3) BASE BUDGET.—A funding agreement 

19 shall, at the option of the Indian tribe, provide for 

20 a stable base budget specifying the recurring funds 

21 (which may include funds available under section 

22 106(a)) to be transferred to the Indian tribe, for 

23 such period as the Indian tribe specifies in the fund24 ing agreement, subject to annual adjustment only to 

25 reflect changes in congressional appropriations. 


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1 ‘‘(4) NO WAIVER OF TRUST RESPONSIBILITY.— 

2 A funding agreement shall prohibit the Secretary 

3 from waiving, modifying, or diminishing in any way 

4 the trust responsibility of the United States with re5 spect to Indian tribes and individual Indians that ex6 ists under treaties, Executive orders, court decisions, 

7 and other laws. 

8 ‘‘(n) AMENDMENT.—The Secretary shall not revise, 

9 amend, or require additional terms in a new or subsequent 

10 funding agreement without the consent of the Indian tribe, 

11 unless such terms are required by Federal law. 

12 ‘‘(o) EFFECTIVE DATE.—A funding agreement shall 

13 become effective on the date specified in the funding 

14 agreement. 

15 ‘‘(p) EXISTING AND SUBSEQUENT FUNDING AGREE16 MENTS.— 

17 ‘‘(1) SUBSEQUENT FUNDING AGREEMENTS.— 

18 Absent notification from an Indian tribe that the In19 dian tribe is withdrawing or retroceding the oper20 ation of one or more programs identified in a fund21 ing agreement, or unless otherwise agreed to by the 

22 parties to the funding agreement or by the nature 

23 of any noncontinuing program, service, function, or 

24 activity contained in a funding agreement— 


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1 ‘‘(A) a funding agreement shall remain in 

2 full force and effect until a subsequent funding 

3 agreement is executed, with funding paid annu4 ally for each fiscal year the agreement is in ef5 fect; and 

6 ‘‘(B) the term of the subsequent funding 

7 agreement shall be retroactive to the end of the 

8 term of the preceding funding agreement for 

9 the purposes of calculating the amount of fund10 ing to which the Indian tribe is entitled. 

11 ‘‘(2) DISPUTES.—Disputes over the implemen12 tation of paragraph (1)(A) shall be subject to section 

13 406(c). 

14 ‘‘(3) EXISTING FUNDING AGREEMENTS.—An 

15 Indian tribe that was participating in self-govern16 ance under this title on the date of enactment of the 

17 Department of the Interior Tribal Self-Governance 

18 Act of 2013 shall have the option at any time after 

19 that date— 

20 ‘‘(A) to retain its existing funding agree21 ment (in whole or in part) to the extent that 

22 the provisions of that funding agreement are 

23 not directly contrary to any express provision of 

24 this title; or 


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1 ‘‘(B) to negotiate a new funding agreement 

2 in a manner consistent with this title. 

3 ‘‘(4) MULTIYEAR FUNDING AGREEMENTS.—An 

4 Indian tribe may, at the discretion of the Indian 

5 tribe, negotiate with the Secretary for a funding 

6 agreement with a term that exceeds 1 year.’’. 

7 (d) GENERAL REVISIONS.—Title IV of the Indian 

8 Self-Determination and Education Assistance Act (25 

9 U.S.C. 450aa et seq.) is amended by striking sections 404 

10 through 408 and inserting the following: 

11 ‘‘SEC. 404. COMPACTS. 

12 ‘‘(a) IN GENERAL.—The Secretary shall negotiate 

13 and enter into a written compact with each Indian tribe 

14 participating in self-governance in a manner consistent 

15 with the trust responsibility of the Federal Government, 

16 treaty obligations, and the government-to-government re17 lationship between Indian tribes and the United States. 

18 ‘‘(b) CONTENTS.—A compact under subsection (a) 

19 shall— 

20 ‘‘(1) specify and affirm the general terms of the 

21 government-to-government relationship between the 

22 Indian tribe and the Secretary; and 

23 ‘‘(2) include such terms as the parties intend 

24 shall control during the term of the compact. 


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1 ‘‘(c) AMENDMENT.—A compact under subsection (a) 

2 may be amended only by agreement of the parties. 

3 ‘‘(d) EFFECTIVE DATE.—The effective date of a com4 pact under subsection (a) shall be— 

5 ‘‘(1) the date of the execution of the compact 

6 by the parties; or 

7 ‘‘(2) another date agreed upon by the parties. 

8 ‘‘(e) DURATION.—A compact under subsection (a) 

9 shall remain in effect— 

10 ‘‘(1) for so long as permitted by Federal law; 

11 or 

12 ‘‘(2) until termination by written agreement, 

13 retrocession, or reassumption. 

14 ‘‘(f) EXISTING COMPACTS.—An Indian tribe partici15 pating in self-governance under this title, as in effect on 

16 the date of enactment of the Department of the Interior 

17 Tribal Self-Governance Act of 2013, shall have the option 

18 at any time after that date— 

19 ‘‘(1) to retain its negotiated compact (in whole 

20 or in part) to the extent that the provisions of the 

21 compact are not directly contrary to any express 

22 provision of this title; or 

23 ‘‘(2) to negotiate a new compact in a manner 

24 consistent with this title. 


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1 ‘‘SEC. 405. GENERAL PROVISIONS. 

2 ‘‘(a) APPLICABILITY.—An Indian tribe and the Sec3 retary shall include in any compact or funding agreement 

4 provisions that reflect the requirements of this title. 

5 ‘‘(b) CONFLICTS OF INTEREST.—An Indian tribe 

6 participating in self-governance shall ensure that internal 

7 measures are in place to address, pursuant to tribal law 

8 and procedures, conflicts of interest in the administration 

9 of programs. 

10 ‘‘(c) AUDITS.— 

11 ‘‘(1) SINGLE AGENCY AUDIT ACT.—Chapter 75 

12 of title 31, United States Code, shall apply to a 

13 funding agreement under this title. 

14 ‘‘(2) COST PRINCIPLES.—An Indian tribe shall 

15 apply cost principles under the applicable Office of 

16 Management and Budget circular, except as modi17 fied by— 

18 ‘‘(A) any provision of law, including section 

19 106; or 

20 ‘‘(B) any exemptions to applicable Office 

21 of Management and Budget circulars subse22 quently granted by the Office of Management 

23 and Budget. 

24 ‘‘(3) FEDERAL CLAIMS.—Any claim by the Fed25 eral Government against an Indian tribe relating to 

26 funds received under a funding agreement based on 


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1 any audit under this subsection shall be subject to 

2 section 106(f). 

3 ‘‘(d) REDESIGN AND CONSOLIDATION.—Except as 

4 provided in section 407, an Indian tribe may redesign or 

5 consolidate programs or reallocate funds for programs in 

6 any manner that the Indian tribe determines to be in the 

7 best interest of the Indian community being served, so 

8 long as that the redesign or consolidation does not have 

9 the effect of denying eligibility for services to population 

10 groups otherwise eligible to be served under applicable 

11 Federal law, except that, with respect to the reallocation, 

12 consolidation, and redesign of programs described in sub13 section (b)(2) or (c) of section 403, a joint agreement be14 tween the Secretary and the Indian tribe shall be required. 

15 ‘‘(e) RETROCESSION.— 

16 ‘‘(1) IN GENERAL.—An Indian tribe may fully 

17 or partially retrocede to the Secretary any program 

18 under a compact or funding agreement. 

19 ‘‘(2) EFFECTIVE DATE.— 

20 ‘‘(A) AGREEMENT.—Unless an Indian 

21 tribe rescinds a request for retrocession under 

22 paragraph (1), the retrocession shall become ef23 fective on the date specified by the parties in 

24 the compact or funding agreement. 


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1 ‘‘(B) NO AGREEMENT.—In the absence of 

2 a specification of an effective date in the com3 pact or funding agreement, the retrocession 

4 shall become effective on— 

5 ‘‘(i) the earlier of— 

6 ‘‘(I) 1 year after the date on 

7 which the request is submitted; and 

8 ‘‘(II) the date on which the fund9 ing agreement expires; or 

10 ‘‘(ii) such date as may be mutually 

11 agreed upon by the Secretary and the In12 dian tribe. 

13 ‘‘(f) NONDUPLICATION.—A funding agreement shall 

14 provide that, for the period for which, and to the extent 

15 to which, funding is provided to an Indian tribe under this 

16 title, the Indian tribe— 

17 ‘‘(1) shall not be entitled to contract with the 

18 Secretary for funds under section 102, except that 

19 the Indian tribe shall be eligible for new programs 

20 on the same basis as other Indian tribes; and 

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

22 of programs in accordance with the compact or 

23 funding agreement. 

24 ‘‘(g) RECORDS.— 


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1 ‘‘(1) IN GENERAL.—Unless an Indian tribe 

2 specifies otherwise in the compact or funding agree3 ment, records of an Indian tribe shall not be consid4 ered to be Federal records for purposes of chapter 

5 5 of title 5, United States Code. 

6 ‘‘(2) RECORDKEEPING SYSTEM.—An Indian 

7 tribe shall— 

8 ‘‘(A) maintain a recordkeeping system; and 

9 ‘‘(B) on a notice period of not less than 30 

10 days, provide the Secretary with reasonable ac11 cess to the records to enable the Department to 

12 meet the requirements of sections 3101 through 

13 3106 of title 44, United States Code. 

14 ‘‘SEC. 406. PROVISIONS RELATING TO THE SECRETARY. 

15 ‘‘(a) TRUST EVALUATIONS.—A funding agreement 

16 shall include a provision to monitor the performance of 

17 trust functions by the Indian tribe through the annual 

18 trust evaluation. 

19 ‘‘(b) REASSUMPTION.— 

20 ‘‘(1) IN GENERAL.—A compact or funding 

21 agreement shall include provisions for the Secretary 

22 to reassume a program and associated funding if 

23 there is a specific finding relating to that program 

24 of— 


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1 ‘‘(A) imminent jeopardy to a trust asset, 

2 natural resources, or public health and safety 

3 that— 

4 ‘‘(i) is caused by an act or omission of 

5 the Indian tribe; and 

6 ‘‘(ii) arises out of a failure to carry 

7 out the compact or funding agreement; or 

8 ‘‘(B) gross mismanagement with respect to 

9 funds transferred to an Indian tribe under a 

10 compact or funding agreement, as determined 

11 by the Secretary in consultation with the In12 spector General, as appropriate. 

13 ‘‘(2) PROHIBITION.—The Secretary shall not 

14 reassume operation of a program, in whole or part, 

15 unless— 

16 ‘‘(A) the Secretary first provides written 

17 notice and a hearing on the record to the In18 dian tribe; and 

19 ‘‘(B) the Indian tribe does not take correc20 tive action to remedy the mismanagement of 

21 the funds or programs, or the imminent jeop22 ardy to a trust asset, natural resource, or pub23 lic health and safety. 

24 ‘‘(3) EXCEPTION.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding para2 graph (2), the Secretary may, on written notice 

3 to the Indian tribe, immediately reassume oper4 ation of a program if— 

5 ‘‘(i) the Secretary makes a finding of 

6 imminent and substantial jeopardy and ir7 reparable harm to a trust asset, a natural 

8 resource, or the public health and safety 

9 caused by an act or omission of the Indian 

10 tribe; and 

11 ‘‘(ii) the imminent and substantial 

12 jeopardy, and irreparable harm to the trust 

13 asset, natural resource, or public health 

14 and safety arises out of a failure by the In15 dian tribe to carry out the terms of an ap16 plicable compact or funding agreement. 

17 ‘‘(B) REASSUMPTION.—If the Secretary re18 assumes operation of a program under subpara19 graph (A), the Secretary shall provide the In20 dian tribe with a hearing on the record not 

21 later than 10 days after the date of reassump22 tion. 

23 ‘‘(c) INABILITY TO AGREE ON COMPACT OR FUND24 ING AGREEMENT.— 


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1 ‘‘(1) FINAL OFFER.—If the Secretary and a 

2 participating Indian tribe are unable to agree, in 

3 whole or in part, on the terms of a compact or fund4 ing agreement (including funding levels), the Indian 

5 tribe may submit a final offer to the Secretary. 

6 ‘‘(2) DETERMINATION.—Not more than 60 

7 days after the date of receipt of a final offer by the 

8 one or more officials designated pursuant to para9 graph (4), the Secretary shall review and make a de10 termination with respect to the final offer. 

11 ‘‘(3) EXTENSIONS.—The deadline described in 

12 paragraph (2) may be extended for any length of 

13 time, as agreed upon by both the Indian tribe and 

14 the Secretary. 

15 ‘‘(4) DESIGNATED OFFICIALS.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 designate one or more appropriate officials in 

18 the Department to receive a copy of the final 

19 offer described in paragraph (1). 

20 ‘‘(B) NO DESIGNATION.—If no official is 

21 designated, the Executive Secretariat of the 

22 Secretary shall be the designated official. 

23 ‘‘(5) NO TIMELY DETERMINATION.—Except as 

24 otherwise provided in section 202 of the Department 

25 of the Interior Tribal Self-Governance Act of 2013, 


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1 if the Secretary fails to make a determination with 

2 respect to a final offer within the period specified in 

3 paragraph (2), the Secretary shall be deemed to 

4 have agreed to the offer. 

5 ‘‘(6) REJECTION OF FINAL OFFER.— 

6 ‘‘(A) IN GENERAL.—If the Secretary re7 jects a final offer (or one or more provisions or 

8 funding levels in a final offer), the Secretary 

9 shall— 

10 ‘‘(i) provide timely written notification 

11 to the Indian tribe that contains a specific 

12 finding that clearly demonstrates, or that 

13 is supported by a controlling legal author14 ity, that— 

15 ‘‘(I) the amount of funds pro16 posed in the final offer exceeds the 

17 applicable funding level as determined 

18 under section 106(a)(1); 

19 ‘‘(II) the program that is the 

20 subject of the final offer is an inher21 ent Federal function or is subject to 

22 the discretion of the Secretary under 

23 section 403(c); 

24 ‘‘(III) the Indian tribe cannot 

25 carry out the program in a manner 


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1 that would not result in significant 

2 danger or risk to the public health or 

3 safety, to natural resources, or to 

4 trust resources; 

5 ‘‘(IV) the Indian tribe is not eli6 gible to participate in self-governance 

7 under section 402(c); 

8 ‘‘(V) the funding agreement 

9 would violate a Federal statute or reg10 ulation; or 

11 ‘‘(VI) with respect to a program 

12 or portion of a program included in a 

13 final offer pursuant to section 

14 403(b)(2), the program or the portion 

15 of the program is not otherwise avail16 able to Indian tribes or Indians under 

17 section 102(a)(1)(E); 

18 ‘‘(ii) provide technical assistance to 

19 overcome the objections stated in the noti20 fication required by clause (i); 

21 ‘‘(iii) provide the Indian tribe with— 

22 ‘‘(I) a hearing on the record with 

23 the right to engage in full discovery 

24 relevant to any issue raised in the 

25 matter; and 


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1 ‘‘(II) the opportunity for appeal 

2 on the objections raised (except that 

3 the Indian tribe may, in lieu of filing 

4 such appeal, directly proceed to ini5 tiate an action in a United States dis6 trict court under section 110(a)); and 

7 ‘‘(iv) provide the Indian tribe the op8 tion of entering into the severable portions 

9 of a final proposed compact or funding 

10 agreement (including a lesser funding 

11 amount, if any), that the Secretary did not 

12 reject, subject to any additional alterations 

13 necessary to conform the compact or fund14 ing agreement to the severed provisions. 

15 ‘‘(B) EFFECT OF EXERCISING CERTAIN

16 OPTION.—If an Indian tribe exercises the op17 tion specified in subparagraph (A)(iv)— 

18 ‘‘(i) the Indian tribe shall retain the 

19 right to appeal the rejection by the Sec20 retary under this section; and 

21 ‘‘(ii) clauses (i), (ii), and (iii) of sub22 paragraph (A) shall apply only to the por23 tion of the proposed final compact or fund24 ing agreement that was rejected by the 

25 Secretary. 


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1 ‘‘(d) BURDEN OF PROOF.—In any administrative ac2 tion, hearing, or appeal or civil action brought under this 

3 section, the Secretary shall have the burden of proof— 

4 ‘‘(1) of demonstrating, by a preponderance of 

5 the evidence, the validity of the grounds for a re6 assumption under subsection (b); and 

7 ‘‘(2) of clearly demonstrating the validity of the 

8 grounds for rejecting a final offer made under sub9 section (c). 

10 ‘‘(e) GOOD FAITH.— 

11 ‘‘(1) IN GENERAL.—Subject to section 202 of 

12 the Department of the Interior Tribal Self-Govern13 ance Act of 2013, in the negotiation of compacts 

14 and funding agreements, the Secretary shall at all 

15 times negotiate in good faith to maximize implemen16 tation of the self-governance policy. 

17 ‘‘(2) POLICY.—Subject to section 202 of the 

18 Department of the Interior Tribal Self-Governance 

19 Act of 2013, the Secretary shall carry out this title 

20 in a manner that maximizes the policy of tribal self21 governance. 

22 ‘‘(f) SAVINGS.— 

23 ‘‘(1) IN GENERAL.—To the extent that pro24 grams carried out for the benefit of Indian tribes 

25 and tribal organizations under this title reduce the 


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1 administrative or other responsibilities of the Sec2 retary with respect to the operation of Indian pro3 grams and result in savings that have not otherwise 

4 been included in the amount of tribal shares and 

5 other funds determined under section 408(c), except 

6 for funding agreements entered into for programs 

7 under section 403(c), the Secretary shall make such 

8 savings available to the Indian tribes or tribal orga9 nizations for the provision of additional services to 

10 program beneficiaries in a manner equitable to di11 rectly served, contracted, and compacted programs. 

12 ‘‘(2) DISCRETIONARY PROGRAMS OF SPECIAL

13 SIGNIFICANCE.—For any savings generated as a re14 sult of the assumption of a program by an Indian 

15 tribe under section 403(c), such savings shall be 

16 made available to that Indian tribe. 

17 ‘‘(g) TRUST RESPONSIBILITY.—The Secretary may 

18 not waive, modify, or diminish in any way the trust re19 sponsibility of the United States with respect to Indian 

20 tribes and individual Indians that exists under treaties, 

21 Executive orders, other laws, or court decisions. 

22 ‘‘(h) DECISIONMAKER.—A decision that constitutes 

23 final agency action and relates to an appeal within the 

24 Department conducted under subsection (c)(4) may be 

25 made by— 


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1 ‘‘(1) an official of the Department who holds a 

2 position at a higher organizational level within the 

3 Department than the level of the departmental agen4 cy in which the decision that is the subject of the 

5 appeal was made; or 

6 ‘‘(2) an administrative law judge. 

7 ‘‘(i) RULES OF CONSTRUCTION.—Subject to section 

8 202 of the Department of the Interior Tribal Self-Govern9 ance Act of 2013, each provision of this title and each 

10 provision of a compact or funding agreement shall be lib11 erally construed for the benefit of the Indian tribe partici12 pating in self-governance, and any ambiguity shall be re13 solved in favor of the Indian tribe. 

14 ‘‘SEC. 407. CONSTRUCTION PROGRAMS AND PROJECTS. 

15 ‘‘(a) IN GENERAL.—Indian tribes participating in 

16 tribal self-governance may carry out construction projects 

17 under this title. 

18 ‘‘(b) TRIBAL OPTION TO CARRY OUT CERTAIN FED19 ERAL ENVIRONMENTAL ACTIVITIES.—In carrying out a 

20 construction project under this title, an Indian tribe may, 

21 subject to the agreement of the Secretary, elect to assume 

22 some Federal responsibilities under the National Environ23 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the 

24 National Historic Preservation Act (16 U.S.C. 470 et 

25 seq.), and related provisions of law and regulations that 


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1 would apply if the Secretary were to undertake a construc2 tion project, by adopting a resolution— 

3 ‘‘(1) designating a certifying tribal officer to 

4 represent the Indian tribe and to assume the status 

5 of a responsible Federal official under those Acts or 

6 regulations; and 

7 ‘‘(2) accepting the jurisdiction of the United 

8 States courts for the purpose of enforcing the re9 sponsibilities of the certifying tribal officer assuming 

10 the status of a responsible Federal official under 

11 those Acts or regulations. 

12 ‘‘(c) SAVINGS CLAUSE.—Notwithstanding subsection 

13 (b), nothing in this section authorizes the Secretary to in14 clude in any compact or funding agreement duties of the 

15 Secretary under the National Environmental Policy Act 

16 (42 U.S.C. 4321 et seq.), the National Historic Preserva17 tion Act (16 U.S.C. 470 et seq.), and other related provi18 sions of law that are inherent Federal functions. 

19 ‘‘(d) CODES AND STANDARDS.—In carrying out a 

20 construction project under this title, an Indian tribe 

21 shall— 

22 ‘‘(1) adhere to applicable Federal, State, local, 

23 and tribal building codes, architectural and engineer24 ing standards, and applicable Federal guidelines reVerDate Mar 15 2010 02:25 May 14, 2013 Jkt 029200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

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1 garding design, space, and operational standards, 

2 appropriate for the particular project; and 

3 ‘‘(2) use only architects and engineers who— 

4 ‘‘(A) are licensed to practice in the State 

5 in which the facility will be built; and 

6 ‘‘(B) certify that— 

7 ‘‘(i) they are qualified to perform the 

8 work required by the specific construction 

9 involved; and 

10 ‘‘(ii) upon completion of design, the 

11 plans and specifications meet or exceed the 

12 applicable construction and safety codes. 

13 ‘‘(e) TRIBAL ACCOUNTABILITY.— 

14 ‘‘(1) IN GENERAL.—In carrying out a construc15 tion project under this title, an Indian tribe shall as16 sume responsibility for the successful completion of 

17 the construction project and of a facility that is usa18 ble for the purpose for which the Indian tribe re19 ceived funding. 

20 ‘‘(2) REQUIREMENTS.—For each construction 

21 project carried out by an Indian tribe under this 

22 title, the Indian tribe and the Secretary shall nego23 tiate a provision to be included in the funding agree24 ment that identifies— 


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1 ‘‘(A) the approximate start and completion 

2 dates for the project, which may extend over a 

3 period of one or more years; 

4 ‘‘(B) a general description of the project, 

5 including the scope of work, references to de6 sign criteria, and other terms and conditions; 

7 ‘‘(C) the responsibilities of the Indian tribe 

8 and the Secretary for the project; 

9 ‘‘(D) how project-related environmental 

10 considerations will be addressed; 

11 ‘‘(E) the amount of funds provided for the 

12 project; 

13 ‘‘(F) the obligations of the Indian tribe to 

14 comply with the codes referenced in subsection 

15 (c)(1) and applicable Federal laws and regula16 tions; 

17 ‘‘(G) the agreement of the parties over who 

18 will bear any additional costs necessary to meet 

19 changes in scope, or errors or omissions in de20 sign and construction; and 

21 ‘‘(H) the agreement of the Secretary to 

22 issue a certificate of occupancy, if requested by 

23 the Indian tribe, based upon the review and 

24 verification by the Secretary, to the satisfaction 

25 of the Secretary, that the Indian tribe has seVerDate Mar 15 2010 02:25 May 14, 2013 Jkt 029200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

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1 cured upon completion the review and approval 

2 of the plans and specifications, sufficiency of 

3 design, life safety, and code compliance by 

4 qualified, licensed, and independent architects 

5 and engineers. 

6 ‘‘(f) FUNDING.— 

7 ‘‘(1) IN GENERAL.—Subject to section 202 of 

8 the Department of the Interior Tribal Self-Govern9 ance Act of 2013, funding appropriated for con10 struction projects carried out under this title shall 

11 be included in funding agreements as annual or 

12 semiannual advance payments at the option of the 

13 Indian tribe. 

14 ‘‘(2) ADVANCE PAYMENTS.—Subject to section 

15 202 of the Department of the Interior Tribal Self16 Governance Act of 2013, the Secretary shall include 

17 all associated project contingency funds with each 

18 advance payment, and the Indian tribe shall be re19 sponsible for the management of such contingency 

20 funds. 

21 ‘‘(g) NEGOTIATIONS.—At the option of the Indian 

22 tribe, construction project funding proposals shall be nego23 tiated pursuant to the statutory process in section 105, 

24 and any resulting construction project agreement shall be 

25 incorporated into the funding agreement as addenda. 


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1 ‘‘(h) FEDERAL REVIEW AND VERIFICATION.— 

2 ‘‘(1) IN GENERAL.—On a schedule negotiated 

3 by the Secretary and the Indian tribe— 

4 ‘‘(A) the Secretary shall review and verify, 

5 to the satisfaction of the Secretary, that project 

6 planning and design documents prepared by the 

7 Indian tribe in advance of initial construction 

8 are in conformity with the obligations of the In9 dian tribe under subsection (c); and 

10 ‘‘(B) before the project planning and de11 sign documents are implemented, the Secretary 

12 shall review and verify to the satisfaction of the 

13 Secretary that subsequent document amend14 ments which result in a significant change in 

15 construction are in conformity with the obliga16 tions of the Indian tribe under subsection (c). 

17 ‘‘(2) REPORTS.—The Indian tribe shall provide 

18 the Secretary with project progress and financial re19 ports not less than semiannually. 

20 ‘‘(3) OVERSIGHT VISITS.—The Secretary may 

21 conduct onsite project oversight visits semiannually 

22 or on an alternate schedule agreed to by the Sec23 retary and the Indian tribe. 

24 ‘‘(i) APPLICATION OF OTHER LAWS.—Unless other25 wise agreed to by the Indian tribe and except as otherwise 


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1 provided in this Act, no provision of the Office of Federal 

2 Procurement Policy Act (41 U.S.C. 401 et seq.), the Fed3 eral Acquisition Regulations issued pursuant to that Act, 

4 or any other law or regulation pertaining to Federal pro5 curement (including Executive orders) shall apply to any 

6 construction program or project carried out under this 

7 title. 

8 ‘‘(j) FUTURE FUNDING.—Subject to section 202 of 

9 the Department of the Interior Tribal Self-Governance Act 

10 of 2013, upon completion of a facility constructed under 

11 this title, the Secretary shall include the facility among 

12 those eligible for annual operation and maintenance fund13 ing support comparable to that provided for similar facili14 ties funded by the Department as annual appropriations 

15 are available and to the extent that the facility size and 

16 complexity and other factors do not exceed the funding 

17 formula criteria for comparable buildings. 

18 ‘‘SEC. 408. PAYMENT. 

19 ‘‘(a) IN GENERAL.—At the request of the governing 

20 body of an Indian tribe and under the terms of an applica21 ble funding agreement, the Secretary shall provide funding 

22 to the Indian tribe to carry out the funding agreement. 

23 ‘‘(b) ADVANCE ANNUAL PAYMENT.—At the option of 

24 the Indian tribe, a funding agreement shall provide for 

25 an advance annual payment to an Indian tribe. 


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1 ‘‘(c) AMOUNT.— 

2 ‘‘(1) IN GENERAL.—Subject to subsection (e) 

3 and sections 403 and 405, the Secretary shall pro4 vide funds to the Indian tribe under a funding 

5 agreement for programs in an amount that is equal 

6 to the amount that the Indian tribe would have been 

7 entitled to receive under contracts and grants under 

8 this Act (including amounts for direct program and 

9 contract support costs and, in addition, any funds 

10 that are specifically or functionally related to the 

11 provision by the Secretary of services and benefits to 

12 the Indian tribe or its members) without regard to 

13 the organization level within the Department at 

14 which the programs are carried out. 

15 ‘‘(2) SAVINGS CLAUSE.—Nothing in this section 

16 reduces programs, services, or funds of, or provided 

17 to, another Indian tribe. 

18 ‘‘(d) TIMING.— 

19 ‘‘(1) IN GENERAL.—Pursuant to the terms of 

20 any compact or funding agreement entered into 

21 under this title, the Secretary shall transfer to the 

22 Indian tribe all funds provided for in the funding 

23 agreement, pursuant to subsection (c), and provide 

24 funding for periods covered by joint resolution 


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1 adopted by Congress making continuing appropria2 tions, to the extent permitted by such resolution. 

3 ‘‘(2) TRANSFERS.—Not later than 1 year after 

4 the date of enactment of the Department of the In5 terior Tribal Self-Governance Act of 2013, in any in6 stance in which a funding agreement requires an an7 nual transfer of funding to be made at the beginning 

8 of a fiscal year or requires semiannual or other peri9 odic transfers of funding to be made commencing at 

10 the beginning of a fiscal year, the first such transfer 

11 shall be made not later than 10 days after the ap12 portionment of such funds by the Office of Manage13 ment and Budget to the Department, unless the 

14 funding agreement provides otherwise. 

15 ‘‘(e) AVAILABILITY.—Funds for trust services to indi16 vidual Indians shall be available under a funding agree17 ment only to the extent that the same services that would 

18 have been provided by the Secretary are provided to indi19 vidual Indians by the Indian tribe. 

20 ‘‘(f) MULTIYEAR FUNDING.—A funding agreement 

21 may provide for multiyear funding. 

22 ‘‘(g) LIMITATIONS ON AUTHORITY OF THE SEC23 RETARY.—The Secretary shall not— 

24 ‘‘(1) fail to transfer to an Indian tribe its full 

25 share of any central, headquarters, regional, area, or 


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1 service unit office or other funds due under this title 

2 for programs eligible under paragraph (1) or (2) of 

3 section 403(b), except as required by Federal law; 

4 ‘‘(2) withhold any portion of such funds for 

5 transfer over a period of years; or 

6 ‘‘(3) reduce the amount of funds required under 

7 this title— 

8 ‘‘(A) to make funding available for self9 governance monitoring or administration by the 

10 Secretary; 

11 ‘‘(B) in subsequent years, except as nec12 essary as a result of— 

13 ‘‘(i) a reduction in appropriations 

14 from the previous fiscal year for the pro15 gram to be included in a compact or fund16 ing agreement; 

17 ‘‘(ii) a congressional directive in legis18 lation or an accompanying report; 

19 ‘‘(iii) a tribal authorization; 

20 ‘‘(iv) a change in the amount of pass21 through funds subject to the terms of the 

22 funding agreement; or 

23 ‘‘(v) completion of an activity under a 

24 program for which the funds were pro25 vided; 


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1 ‘‘(C) to pay for Federal functions, includ2 ing— 

3 ‘‘(i) Federal pay costs; 

4 ‘‘(ii) Federal employee retirement ben5 efits; 

6 ‘‘(iii) automated data processing; 

7 ‘‘(iv) technical assistance; and 

8 ‘‘(v) monitoring of activities under 

9 this title; or 

10 ‘‘(D) to pay for costs of Federal personnel 

11 displaced by self-determination contracts under 

12 this Act or self-governance under this title. 

13 ‘‘(h) FEDERAL RESOURCES.—If an Indian tribe 

14 elects to carry out a compact or funding agreement with 

15 the use of Federal personnel, Federal supplies (including 

16 supplies available from Federal warehouse facilities), Fed17 eral supply sources (including lodging, airline transpor18 tation, and other means of transportation, including the 

19 use of interagency motor pool vehicles), or other Federal 

20 resources (including supplies, services, and resources 

21 available to the Secretary under any procurement con22 tracts in which the Department is eligible to participate), 

23 the Secretary shall, as soon as practicable, acquire and 

24 transfer such personnel, supplies, or resources to the In25 dian tribe under this title. 


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1 ‘‘(i) PROMPT PAYMENT ACT.—Chapter 39 of title 31, 

2 United States Code, shall apply to the transfer of funds 

3 due under a compact or funding agreement authorized 

4 under this title. 

5 ‘‘(j) INTEREST OR OTHER INCOME.— 

6 ‘‘(1) IN GENERAL.—An Indian tribe may retain 

7 interest or income earned on any funds paid under 

8 a compact or funding agreement to carry out gov9 ernmental purposes. 

10 ‘‘(2) NO EFFECT ON OTHER AMOUNTS.—The 

11 retention of interest or income under paragraph (1) 

12 shall not diminish the amount of funds an Indian 

13 tribe is entitled to receive under a funding agree14 ment in the year the interest or income is earned or 

15 in any subsequent fiscal year. 

16 ‘‘(3) INVESTMENT STANDARD.—Funds trans17 ferred under this title shall be managed by the In18 dian tribe using the prudent investment standard, 

19 provided that the Secretary shall not be liable for 

20 any investment losses of funds managed by the In21 dian tribe that are not otherwise guaranteed or in22 sured by the Federal Government. 

23 ‘‘(k) CARRYOVER OF FUNDS.— 

24 ‘‘(1) IN GENERAL.—Notwithstanding any provi25 sion of an appropriations Act, all funds paid to an 


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1 Indian tribe in accordance with a compact or fund2 ing agreement shall remain available until expended. 

3 ‘‘(2) EFFECT OF CARRYOVER.—If an Indian 

4 tribe elects to carry over funding from 1 year to the 

5 next, the carryover shall not diminish the amount of 

6 funds the Indian tribe is entitled to receive under a 

7 funding agreement in that fiscal year or any subse8 quent fiscal year. 

9 ‘‘(l) LIMITATION OF COSTS.— 

10 ‘‘(1) IN GENERAL.—An Indian tribe shall not 

11 be obligated to continue performance that requires 

12 an expenditure of funds in excess of the amount of 

13 funds transferred under a compact or funding agree14 ment. 

15 ‘‘(2) NOTICE OF INSUFFICIENCY.—If at any 

16 time the Indian tribe has reason to believe that the 

17 total amount provided for a specific activity under a 

18 compact or funding agreement is insufficient, the In19 dian tribe shall provide reasonable notice of such in20 sufficiency to the Secretary. 

21 ‘‘(3) SUSPENSION OF PERFORMANCE.—If, after 

22 notice under paragraph (2), the Secretary does not 

23 increase the amount of funds transferred under the 

24 funding agreement, the Indian tribe may suspend 


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1 performance of the activity until such time as addi2 tional funds are transferred. 

3 ‘‘(4) SAVINGS CLAUSE.—Nothing in this section 

4 reduces any programs, services, or funds of, or pro5 vided to, another Indian tribe. 

6 ‘‘(m) DISTRIBUTION OF FUNDS.—The Office of Self7 Governance shall be responsible for distribution of all Bu8 reau of Indian Affairs funds provided under this title un9 less otherwise agreed by the parties to an applicable fund10 ing agreement. 

11 ‘‘(n) APPLICABILITY.—Section 202 of the Depart12 ment of the Interior Tribal Self-Governance Act of 2013 

13 applies to subsections (a) through (m). 

14 ‘‘SEC. 409. FACILITATION. 

15 ‘‘(a) IN GENERAL.—Except as otherwise provided by 

16 law (including section 202 of the Department of the Inte17 rior Tribal Self-Governance Act of 2013), the Secretary 

18 shall interpret each Federal law and regulation in a man19 ner that facilitates— 

20 ‘‘(1) the inclusion of programs in funding 

21 agreements; and 

22 ‘‘(2) the implementation of funding agreements. 

23 ‘‘(b) REGULATION WAIVER.— 


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1 ‘‘(1) REQUEST.—An Indian tribe may submit 

2 to the Secretary a written request for a waiver of 

3 applicability of a Federal regulation, including— 

4 ‘‘(A) an identification of the specific text in 

5 the regulation sought to be waived; and 

6 ‘‘(B) the basis for the request. 

7 ‘‘(2) DETERMINATION BY THE SECRETARY.— 

8 Not later than 120 days after receipt by the Sec9 retary and the designated officials under paragraph 

10 (4) of a request under paragraph (1), the Secretary 

11 shall approve or deny the requested waiver in writ12 ing to the Indian tribe. 

13 ‘‘(3) EXTENSIONS.—The deadline described in 

14 paragraph (2) may be extended for any length of 

15 time, as agreed upon by both the Indian tribe and 

16 the Secretary. 

17 ‘‘(4) DESIGNATED OFFICIALS.—The Secretary 

18 shall designate one or more appropriate officials in 

19 the Department to receive a copy of the waiver re20 quest described in paragraph (1). 

21 ‘‘(5) GROUNDS FOR DENIAL.—The Secretary 

22 may deny a request under paragraph (1)— 

23 ‘‘(A) for a program eligible under para24 graph (1) or (2) of section 403(b), only upon a 

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1 fied text in the regulation may not be waived 

2 because such a waiver is prohibited by Federal 

3 law; and 

4 ‘‘(B) for a program eligible under section 

5 403(c), upon a specific finding by the Secretary 

6 that the waiver is prohibited by Federal law or 

7 is inconsistent with the express provisions of 

8 the funding agreement. 

9 ‘‘(6) FAILURE TO MAKE DETERMINATION.—If 

10 the Secretary fails to approve or deny a waiver re11 quest within the period required under paragraph 

12 (2), the Secretary shall be deemed to have approved 

13 the request. 

14 ‘‘(7) FINALITY.—A decision of the Secretary 

15 under this section shall be final for the Department. 

16 ‘‘SEC. 410. DISCLAIMERS. 

17 ‘‘Nothing in this title expands or alters any statutory 

18 authority of the Secretary in a manner that authorizes the 

19 Secretary to enter into any agreement under section 

20 403— 

21 ‘‘(1) with respect to an inherent Federal func22 tion; 

23 ‘‘(2) in a case in which the law establishing a 

24 program explicitly prohibits the type of participation 

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1 er one or more Indian tribes are identified in the au2 thorizing law); or 

3 ‘‘(3) that limits or reduces in any way the serv4 ices, contracts, or funds that any other Indian tribe 

5 or tribal organization is eligible to receive under sec6 tion 102 or any other applicable Federal law. 

7 ‘‘SEC. 411. DISCRETIONARY APPLICATION OF OTHER SEC8 TIONS. 

9 ‘‘(a) IN GENERAL.—Except as otherwise provided in 

10 section 101(c), at the option of a participating Indian tribe 

11 or Indian tribes, any of the provisions of title I may be 

12 incorporated in any compact or funding agreement under 

13 this title. 

14 ‘‘(b) EFFECT.—Each incorporated provision under 

15 subsection (a) shall— 

16 ‘‘(1) have the same force and effect as if set out 

17 in full in this title; 

18 ‘‘(2) supplement or replace any related provi19 sion in this title; and 

20 ‘‘(3) apply to any agency otherwise governed by 

21 this title. 

22 ‘‘(c) EFFECTIVE DATE.—If an Indian tribe requests 

23 incorporation at the negotiation stage of a compact or 

24 funding agreement, the incorporation shall— 

25 ‘‘(1) be effective immediately; and 


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1 ‘‘(2) control the negotiation and resulting com2 pact and funding agreement. 

3 ‘‘SEC. 412. ANNUAL BUDGET LIST. 

4 ‘‘The Secretary shall list, in the annual budget re5 quest submitted to Congress under section 1105 of title 

6 31, United States Code, any funds proposed to be included 

7 in funding agreements authorized under this Act. 

8 ‘‘SEC. 413. REPORTS. 

9 ‘‘(a) IN GENERAL.— 

10 ‘‘(1) REQUIREMENT.—On January 1 of each 

11 year, the Secretary shall submit to Congress a re12 port regarding the administration of this title. 

13 ‘‘(2) ANALYSIS.—Any Indian tribe may submit 

14 to the Office of Self-Governance and to the appro15 priate Committees of Congress a detailed annual 

16 analysis of unmet tribal needs for funding agree17 ments under this title. 

18 ‘‘(b) CONTENTS.—The report under subsection (a)(1) 

19 shall— 

20 ‘‘(1) be compiled from information contained in 

21 funding agreements, annual audit reports, and data 

22 of the Secretary regarding the disposition of Federal 

23 funds; 

24 ‘‘(2) identify— 


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1 ‘‘(A) the relative costs and benefits of self2 governance; 

3 ‘‘(B) with particularity, all funds that are 

4 specifically or functionally related to the provi5 sion by the Secretary of services and benefits to 

6 self-governance Indian tribes and members of 

7 Indian tribes; 

8 ‘‘(C) the funds transferred to each Indian 

9 tribe and the corresponding reduction in the 

10 Federal employees and workload; and 

11 ‘‘(D) the funding formula for individual 

12 tribal shares of all Central Office funds, to13 gether with the comments of affected Indian 

14 tribes, developed under subsection (d); 

15 ‘‘(3) before being submitted to Congress, be dis16 tributed to the Indian tribes for comment (with a 

17 comment period of no less than 30 days); 

18 ‘‘(4) include the separate views and comments 

19 of each Indian tribe or tribal organization; and 

20 ‘‘(5) include a list of— 

21 ‘‘(A) all such programs that the Secretary 

22 determines, in consultation with Indian tribes 

23 participating in self-governance, are eligible for 

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1 ment at the request of a participating Indian 

2 tribe; and 

3 ‘‘(B) all such programs which Indian tribes 

4 have formally requested to include in a funding 

5 agreement under section 403(c) due to the spe6 cial geographic, historical, or cultural signifi7 cance of the program to the Indian tribe, indi8 cating whether each request was granted or de9 nied, and stating the grounds for any denial. 

10 ‘‘(c) REPORT ON NON-BIA, NON-OST PROGRAMS.— 

11 ‘‘(1) IN GENERAL.—In order to optimize oppor12 tunities for including non-Bureau of Indian Affairs 

13 and non-Office of Special Trustee programs in 

14 agreements with Indian tribes participating in self15 governance under this title, the Secretary shall re16 view all programs administered by the Department, 

17 other than through the Bureau of Indian Affairs or 

18 Office of the Special Trustee, without regard to the 

19 agency or office concerned. 

20 ‘‘(2) PROGRAMMATIC TARGETS.—The Secretary 

21 shall establish programmatic targets, after consulta22 tion with Indian tribes participating in self-govern23 ance, to encourage bureaus of the Department to en24 sure that an appropriate portion of those programs 

25 are available to be included in funding agreements. 


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1 ‘‘(3) PUBLICATION.—The lists under subsection 

2 (b)(5) and targets under paragraph (2) shall be pub3 lished in the Federal Register and made available to 

4 any Indian tribe participating in self-governance. 

5 ‘‘(4) ANNUAL REVIEW.— 

6 ‘‘(A) IN GENERAL.—The Secretary shall 

7 annually review and publish in the Federal Reg8 ister, after consultation with Indian tribes par9 ticipating in self-governance, revised lists and 

10 programmatic targets. 

11 ‘‘(B) CONTENTS.—In preparing the revised 

12 lists and programmatic targets, the Secretary 

13 shall consider all programs that were eligible 

14 for contracting in the original list published in 

15 the Federal Register in 1995, except for pro16 grams specifically determined not to be 

17 contractible as a matter of law. 

18 ‘‘(d) REPORT ON CENTRAL OFFICE FUNDS.—Not 

19 later than January 1, 2013, the Secretary shall, in con20 sultation with Indian tribes, develop a funding formula to 

21 determine the individual tribal share of funds controlled 

22 by the Central Office of the Bureau of Indian Affairs and 

23 the Office of the Special Trustee for inclusion in the com24 pacts. 


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1 ‘‘SEC. 414. REGULATIONS. 

2 ‘‘(a) IN GENERAL.— 

3 ‘‘(1) PROMULGATION.—Not later than 90 days 

4 after the date of enactment of the Department of 

5 the Interior Tribal Self-Governance Act of 2013, the 

6 Secretary shall initiate procedures under subchapter 

7 III of chapter 5 of title 5, United States Code, to 

8 negotiate and promulgate such regulations as are 

9 necessary to carry out this title. 

10 ‘‘(2) PUBLICATION OF PROPOSED REGULA11 TIONS.—Proposed regulations to implement this title 

12 shall be published in the Federal Register not later 

13 than 21 months after the date of enactment of the 

14 Department of the Interior Tribal Self-Governance 

15 Act of 2013. 

16 ‘‘(3) EXPIRATION OF AUTHORITY.—The author17 ity to promulgate regulations under paragraph (1) 

18 shall expire on the date that is 30 months after the 

19 date of enactment of the Department of the Interior 

20 Tribal Self-Governance Act of 2013. 

21 ‘‘(b) COMMITTEE.— 

22 ‘‘(1) MEMBERSHIP.—A negotiated rulemaking 

23 committee established pursuant to section 565 of 

24 title 5, United States Code, to carry out this section 

25 shall have as its members only representatives of the 

26 Federal Government and tribal government. 


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1 ‘‘(2) LEAD AGENCY.—Among the Federal rep2 resentatives described in paragraph (1), the Office of 

3 Self-Governance shall be the lead agency for the De4 partment. 

5 ‘‘(c) ADAPTATION OF PROCEDURES.—The Secretary 

6 shall adapt the negotiated rulemaking procedures to the 

7 unique context of self-governance and the government-to8 government relationship between the United States and 

9 Indian tribes. 

10 ‘‘(d) EFFECT.— 

11 ‘‘(1) REPEAL.—The Secretary may repeal any 

12 regulation that is inconsistent with this Act. 

13 ‘‘(2) CONFLICTING PROVISIONS.—Subject to 

14 section 202 of the Department of the Interior Tribal 

15 Self-Governance Act of 2013, this title shall super16 sede any conflicting provision of law (including any 

17 conflicting regulations). 

18 ‘‘(3) EFFECTIVENESS WITHOUT REGARD TO

19 REGULATIONS.—The lack of promulgated regula20 tions on an issue shall not limit the effect or imple21 mentation of this title. 

22 ‘‘SEC. 415. EFFECT OF CIRCULARS, POLICIES, MANUALS, 

23 GUIDANCE, AND RULES. 

24 ‘‘Unless expressly agreed to by a participating Indian 

25 tribe in a compact or funding agreement, the participating 


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1 Indian tribe shall not be subject to any agency circular, 

2 policy, manual, guidance, or rule adopted by the Depart3 ment, except for— 

4 ‘‘(1) the eligibility provisions of section 105(g); 

5 and 

6 ‘‘(2) regulations promulgated pursuant to sec7 tion 414. 

8 ‘‘SEC. 416. APPEALS. 

9 ‘‘Except as provided in section 406(d), in any admin10 istrative action, appeal, or civil action for judicial review 

11 of any decision made by the Secretary under this title, 

12 the Secretary shall have the burden of proof of dem13 onstrating by a preponderance of the evidence— 

14 ‘‘(1) the validity of the grounds for the decision; 

15 and 

16 ‘‘(2) the consistency of the decision with the re17 quirements and policies of this title. 

18 ‘‘SEC. 417. APPLICATION OF OTHER PROVISIONS. 

19 ‘‘Section 314 of the Department of the Interior and 

20 Related Agencies Appropriations Act, 1991 (Public Law 

21 101–512; 104 Stat. 1959), shall apply to compacts and 

22 funding agreements entered into under this title. 

23 ‘‘SEC. 418. AUTHORIZATION OF APPROPRIATIONS. 

24 ‘‘There are authorized to be appropriated such sums 

25 as are necessary to carry out this title.’’. 


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1 SEC. 202. EFFECT OF CERTAIN PROVISIONS. 

2 (a) DEFINITIONS.—In this section: 

3 (1) FUNDING AGREEMENT.—The term ‘‘fund4 ing agreement’’ means a funding agreement entered 

5 into under section 403 of the ISDEAA (25 U.S.C. 

6 458cc). 

7 (2) ISDEAA.—The term ‘‘ISDEAA’’ means 

8 the Indian Self-Determination and Education Assist9 ance Act (25 U.S.C. 450 et seq.). 

10 (3) NON-BIA PROGRAM.—The term ‘‘non-BIA 

11 program’’ means all or a portion of a program, func12 tion, service, or activity that is administered by any 

13 bureau, service, office, or agency of the Department 

14 of the Interior other than through— 

15 (A) the Bureau of Indian Affairs; 

16 (B) the Office of the Assistant Secretary 

17 for Indian Affairs; or 

18 (C) the Office of the Special Trustee for 

19 American Indians. 

20 (4) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of the Interior. 

22 (5) SELF-DETERMINATION CONTRACT.—The 

23 term ‘‘self-determination contract’’ means a self-de24 termination contract entered into under section 102 

25 of the ISDEAA (25 U.S.C. 450f). 


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1 (6) TRIBAL WATER SETTLEMENT.—The term 

2 ‘‘tribal water settlement’’ means any settlement, 

3 compact, or other agreement entered into by an In4 dian tribe and the United States, or by an Indian 

5 tribe, the United States, and one or more parties 

6 that— 

7 (A) settles or quantifies any Federal re8 served water rights or any claims relating to 

9 those rights of the Indian tribe; and 

10 (B) has been authorized by an Act of Con11 gress. 

12 (b) EFFECT OF PROVISIONS.—Nothing in this Act 

13 (including this section) or any amendment made by this 

14 Act (including section 414 of the ISDEAA (relating to 

15 regulations), as added by section 201)— 

16 (1) modifies or affects the meaning, application, 

17 or effect of— 

18 (A) section 102(a)(1)(E) of the ISDEAA 

19 (25 U.S.C. 450f(a)(1)(E)), as in effect on the 

20 day before the date of enactment of this Act; or 

21 (B) paragraph (2) or (3) of subsection (b) 

22 or subsection (c) of section 403 of the ISDEAA 

23 (25 U.S.C. 458cc), as in effect on the day be24 fore the date of enactment of this Act; 


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1 (2) increases, limits, modifies, or otherwise af2 fects any authority of the Secretary that the Sec3 retary held on the day before the date of enactment 

4 of this Act under section 403(c) of the ISDEAA (25 

5 U.S.C. 458cc(c)); 

6 (3) authorizes the inclusion of any non-BIA 

7 program in— 

8 (A) a self-determination contract as a pro9 gram under section 102(a)(1)(E) of the 

10 ISDEAA (25 U.S.C. 450f(a)(1)(E)) if the in11 clusion of that non-BIA program in a self-de12 termination contract as a program under that 

13 section would not have been authorized under 

14 the ISDEAA on the day before the date of en15 actment of this Act; 

16 (B) a funding agreement as a program 

17 under section 403(b)(2) of the ISDEAA (25 

18 U.S.C. 458cc(b)(2)) if the inclusion of that non19 BIA program in a funding agreement as a pro20 gram under that section would not have been 

21 authorized on the day before the date of enact22 ment of this Act; or 

23 (C) a funding agreement as a program 

24 under section 403(c) of the ISDEAA (25 

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1 BIA program in a funding agreement as a pro2 gram under that section would not have been 

3 authorized under the ISDEAA on the day be4 fore the date of enactment of this Act; 

5 (4) modifies or otherwise affects the meaning, 

6 application, or effect of any provision of law that— 

7 (A) is not contained in the ISDEAA; and 

8 (B) expressly authorizes or prohibits con9 tracting or compacting under title I or title IV 

10 of the ISDEAA with respect to a specific pro11 gram or project that is identified or otherwise 

12 referred to in that provision of law; 

13 (5) modifies or otherwise affects the meaning, 

14 application, or effect of, or the performance required 

15 of a party, or any payment or funding under— 

16 (A) a tribal water settlement; or 

17 (B) any Act of Congress approving, au18 thorizing, or ratifying a tribal water settlement; 

19 or 

20 (6) authorizes any self-determination contract 

21 or funding agreement or approval of any self-deter22 mination contract or funding agreement under the 

23 ISDEAA (as amended by section 201) that would 

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1 gram, project, or activity that is required, author2 ized, or funded by a tribal water settlement or an 

3 Act of Congress approving, authorizing, or ratifying 

4 a tribal water settlement in a manner that is incon5 sistent with the terms of that tribal water settlement 

6 or that Act of Congress. 

Æ 


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