II

Calendar No. 329

104TH CONGRESS

2D SESSION S. 814

[Report No. 104–227]

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

for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 17 (legislative day, MAY 15), 1995

Mr. MCCAIN (for himself, Mr. INOUYE, Mr. DOMENICI, and Mr. THOMAS) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

Reported by Mr. MCCAIN, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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, TABLE OF CONTENTS, AND DEFI4 NITIONS.

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

6 ‘‘Bureau of Indian Affairs Reorganization Act of 1995’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

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

TITLE I—REORGANIZATION COMPACTS

Sec. 101. Reorganization of area offices.

Sec. 102. Reorganization of agency offices.

Sec. 103. Reorganization of central office.

Sec. 104. Savings provisions.

Sec. 105. Additional conforming amendments.

Sec. 106. Authorization of appropriations.

Sec. 107. Effective date.

Sec. 108. Separability.

Sec. 109. Suspension of certain administrative actions.

Sec. 110. Statutory construction.

TITLE II—AMENDMENT TO THE INDIAN SELF-DETERMINATION

ACT

Sec. 201. Budget development.

TITLE III—REFORM OF THE REGULATIONS OF THE BUREAU OF

INDIAN AFFAIRS

Sec. 301. BIA Manual.

Sec. 302. Task force.

Sec. 303. Authorization of appropriations.

3 (c) DEFINITIONS.—For purposes of this Act, the fol4 lowing definitions shall apply:

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

6 means 1 of the 12 area offices of the Bureau of In7 dian Affairs.

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

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

10 office negotiated by the Secretary and Indian tribes

11 pursuant to section 101.

12 (3) AGENCY OFFICE.—The term ‘‘agency of13 fice’’ means an agency office of the Bureau of In14 dian Affairs.
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1 (4) AGENCY OFFICE PLAN.—The term ‘‘agency

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

3 an agency office negotiated by the Secretary and In4 dian tribes pursuant to section 102.

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

6 means the most recent edition of the Bureau of In7 dian Affairs Manual issued by the Department of

8 the Interior.

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

10 Bureau of Indian Affairs.

11 (7) CENTRAL OFFICE.—The term ‘‘central of12 fice’’ means the central office of the Bureau, that is

13 housed in the offices of the Department in Washing14 ton, D.C. and in Albuquerque, New Mexico.

15 (8) CENTRAL OFFICE PLAN.—The term

16 ‘‘central office plan’’ means the plan for the reorga17 nization of the central office negotiated by the Sec18 retary and Indian tribes pursuant to section 103.

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

20 means the Department of the Interior.

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

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

23 area office.
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1 (11) FUNCTION.—The term ‘‘function’’ means

2 any duty, obligation, power, authority, responsibility,

3 right, privilege, activity, or program.

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

5 has the same meaning as in section 4(e) of the In6 dian Self-Determination and Education Assistance

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

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

9 means the Secretary of the Interior.

10 (14) SUPERINTENDENT.—The term ‘‘Super11 intendent’’ means the Superintendent of an agency

12 office.

13 (15) TRIBAL PRIORITY ALLOCATION AC14 COUNT.—The term ‘‘tribal priority allocation ac15 count’’, means an account so designated by the Bu16 reau, with respect to which program priorities and

17 funding levels are established by individual Indian

18 tribes.

19 (16) TRIBAL RECURRING BASE FUNDING.—The

20 term ‘‘tribal recurring base funding’’ means recur21 ring base funding (as defined and determined by the

22 Secretary) for the tribal priority allocation accounts

23 of an Indian tribe allocated to a tribe by the Bureau.
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1 TITLE I—REORGANIZATION

2 COMPACTS

3 SEC. 101. REORGANIZATION OF AREA OFFICES.

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, not later than 120 days after the date of en6 actment of this Act, the Secretary shall enter into negotia7 tions with the Indian tribes served by each area office to

8 prepare a reorganization plan for the area office.

9 (b) CONTENTS OF AREA OFFICE PLANS.—

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

11 prepared pursuant to this subsection shall provide

12 for the organization of the area office covered under

13 the plan. To the extent that the majority of Indian

14 tribes served by the area office do not exercise the

15 option to maintain current organizational structures,

16 functions, or funding priorities pursuant to para17 graph (2), the reorganization plan shall provide,

18 with respect to the area office covered under the

19 plan, for—

20 (A) the reorganization of the administra21 tive structure of the area office;

22 (B) the reallocation of personnel (including

23 determinations of office size and functions);

24 (C) the delegation of authority of the Sec25 retary to the Director;
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1 (D) transfers of functions;

2 (E) the specification of functions—

3 (i) retained by the Bureau; or

4 (ii) transferred to Indian tribes served

5 by the area office;

6 (F) the issuance of waivers or other au7 thorities by the Secretary so that functions and

8 other responsibilities of the Secretary may be

9 carried out by the area office or transferred to

10 Indian tribes;

11 (G) the promulgation of revised regulations

12 relating to the functions of the area office that

13 are performed by the area office or transferred

14 to Indian tribes;

15 (H) the reordering of funding priorities;

16 and

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

18 recurring base funding for each Indian tribe

19 served by the area office, of unexpended bal20 ances of appropriations and other Federal

21 funds made available to the area office in con22 nection with any function transferred to Indian

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

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

25 may include, for each Indian tribe served by the area
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1 office, a determination of the share of the Indian

2 tribe of the funds used by the area office to carry

3 out programs, services, functions and activities of

4 the tribe (referred to in this subsection as the ‘‘trib5 al share’’).

6 (3) OPTION OF MAINTENANCE OF CURRENT

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

8 tribes served by an area office, a reorganization plan

9 may provide for the continuation of organizational

10 structures, functions, or funding priorities of the

11 area office that are substantially similar to those in

12 effect at the time of the development of the area of13 fice plan.

14 (4) APPROVAL OF AREA OFFICE PLAN BY IN15 DIAN TRIBES.—Upon completion of the negotiation

16 of an area office plan, the Secretary shall submit the

17 plan to the Indian tribes served by the area office

18 for approval. If a majority of the Indian tribes ap19 prove the area office plan by a tribal resolution pur20 suant to the applicable procedures established by the

21 Indian tribes, the Secretary shall enter into a reor22 ganization compact pursuant to subsection (c).

23 (5) SINGLE TRIBE AREA OFFICE.—In an area

24 office that serves only 1 Indian tribe, if the tribe

25 elects to develop a reorganization plan for the area
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1 office, the Secretary shall enter into negotiations

2 with the tribe to prepare a reorganization plan for

3 the area office. Not later than 60 days after the date

4 on which a reorganization plan referred to in the

5 preceding sentence is approved by the Indian tribe,

6 the Secretary shall enter into a reorganization com7 pact with the tribe to carry out the area office plan.

8 (6) OPTION TO TAKE TRIBAL SHARE.—

9 (A) IN GENERAL.—If a majority of the In10 dian tribes served by an area office fail to ap11 prove an area office plan, an Indian tribe may

12 elect to receive directly the tribal share of the

13 Indian tribe.

14 (B) DETERMINATION OF TRIBAL SHARE.—

15 If an Indian tribe elects to receive a tribal share

16 under subparagraph (A), the Secretary shall

17 enter into negotiations with the Indian tribe to

18 determine the tribal share of the Indian tribe.

19 (C) AGREEMENT.—Upon the determina20 tion of a tribal share of an Indian tribe under

21 subparagraph (B), the Secretary shall enter

22 into an agreement with the Indian tribe for

23 transferring directly to the Indian tribe an

24 amount equal to the tribal share. The agree25 ment shall include—
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1 (i) a determination of the amount of

2 residual Federal funds to be retained by

3 the Secretary for the area office; and

4 (ii) the responsibilities of—

5 (I) the area office; and

6 (II) the Indian tribe.

7 (c) AREA OFFICE REORGANIZATION COMPACT.—

8 (1) IN GENERAL.—Not later than 60 days after

9 the date on which a majority of the Indian tribes

10 served by the area office that is the subject of a re11 organization plan have approved the plan pursuant

12 to subsection (b)(3), the Secretary shall enter into

13 an area office reorganization compact with the In14 dian tribes to carry out the area office plan (referred

15 to in this subsection as the ‘‘area office reorganiza16 tion compact’’). The Secretary may not implement

17 the area office plan until such time as the Indian

18 tribes have entered into an area office reorganization

19 compact with the Secretary pursuant to this para20 graph. If the Indian tribes do not enter into an area

21 office reorganization compact with the Secretary

22 pursuant to this paragraph, the organizational struc23 ture, functions, and funding priorities of the area of24 fice in effect at the time of the development of the

25 area office plan shall remain in effect.
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1 (2) PROHIBITION AGAINST CERTAIN LIMITA2 TIONS.—With respect to an Indian tribe that is not

3 a party to an area office reorganization compact en4 tered into by the Secretary under this subsection,

5 nothing in this section may limit or reduce the level

6 of any service or funding that the Indian tribe is en7 titled to pursuant to applicable Federal law (includ8 ing any contract that the Indian tribe is entitled to

9 enter into pursuant to applicable Federal law).

10 SEC. 102. REORGANIZATION OF AGENCY OFFICES.

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law, not later than 120 days after the date of en13 actment of this Act, the Secretary, acting through the Su14 perintendent (or a designee of the Superintendent) of each

15 agency office, shall enter into negotiations with the Indian

16 tribes served by each agency office to prepare an agency

17 office plan for each agency office.

18 (b) CONTENTS OF AGENCY OFFICE PLANS.—

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

20 is prepared by the Secretary pursuant to this sub21 section shall provide for the organization of the

22 agency office covered under the plan. To the extent

23 that the majority of Indian tribes served by the

24 agency office do not exercise the option to maintain

25 current organizational structures, functions, or fund-
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1 ing priorities pursuant to paragraph (2), the agency

2 office plan shall provide, with respect to the agency

3 office covered under the agency office plan, for—

4 (A) the reorganization of the administra5 tive structure of the agency office;

6 (B) the reallocation of personnel (including

7 determinations of office size and functions);

8 (C) the delegation of authority of the Sec9 retary to the Superintendent;

10 (D) transfers of functions;

11 (E) the specification of functions—

12 (i) retained by the Bureau; or

13 (ii) transferred to Indian tribes served

14 by the agency office;

15 (F) the issuance of waivers or other au16 thorities by the Secretary so that functions and

17 other responsibilities of the Secretary may be

18 carried out by the agency office or transferred

19 to Indian tribes;

20 (G) the promulgation of revised regulations

21 relating to the functions of the agency office

22 that are carried by the agency office or trans23 ferred to Indian tribes;

24 (H) the reordering of funding priorities;

25 and
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1 (I) a formula for the transfer, to the tribal

2 recurring base funding for each Indian tribe

3 served by the agency office, of unexpended bal4 ances of appropriations and other Federal

5 funds made available to the agency office in

6 connection with any function transferred to In7 dian tribes pursuant to subparagraph (E)(ii).

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

9 plan may include, for each Indian tribe served by the

10 agency office, a determination of the share of the In11 dian tribe of the funds used by the agency office to

12 carry out programs, services, functions and activities

13 of the tribe (referred to in this subsection as the

14 ‘‘tribal share’’).

15 (3) OPTION OF MAINTENANCE OF CURRENT

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

17 tribes served by an agency office, an agency office

18 plan may provide for the continuation of organiza19 tional structures, functions, or funding priorities of

20 the agency office that are substantially similar to

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

22 agency office plan.

23 (4) APPROVAL OF AGENCY OFFICE PLAN BY IN24 DIAN TRIBES.—Upon completion of the negotiation

25 of an agency office plan, the Secretary shall submit
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1 the agency office plan to the Indian tribes served by

2 the agency office for approval. If a majority of the

3 Indian tribes approve the agency office plan by a

4 tribal resolution pursuant to the applicable proce5 dures established by the Indian tribes, the Secretary

6 shall enter into a reorganization compact pursuant

7 to subsection (c).

8 (5) SINGLE TRIBE AGENCY OFFICE.—In an

9 agency office that serves only 1 Indian tribe, if the

10 tribe elects to develop a reorganization plan for the

11 agency office, the Secretary shall enter into negotia12 tions with the tribe to prepare a reorganization plan

13 for the agency office. Not later than 60 days after

14 the date on which a reorganization plan referred to

15 in the preceding sentence is approved by the Indian

16 tribe, the Secretary shall enter into a reorganization

17 compact with the tribe to carry out the agency office

18 plan.

19 (6) OPTION TO TAKE TRIBAL SHARE.—

20 (A) IN GENERAL.—If a majority of the In21 dian tribes served by an agency office fail to ap22 prove an agency office plan, an Indian tribe

23 may elect to receive directly the tribal share of

24 the Indian tribe.
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1 (B) DETERMINATION OF TRIBAL SHARE.—

2 If an Indian tribe elects to receive a tribal share

3 under subparagraph (A), the Secretary shall

4 enter into negotiations with the Indian tribe to

5 determine the tribal share of the Indian tribe.

6 (C) AGREEMENT.—Upon the determina7 tion of a tribal share of an Indian tribe under

8 subparagraph (B), the Secretary shall enter

9 into an agreement with the Indian tribe for

10 transferring directly to the Indian tribe an

11 amount equal to the tribal share. The agree12 ment shall include—

13 (i) a determination of the amount of

14 residual Federal funds to be retained by

15 the Secretary for the agency office; and

16 (ii) the responsibilities of—

17 (I) the agency office; and

18 (II) the Indian tribe.

19 (c) AGENCY OFFICE REORGANIZATION COMPACTS.—

20 (1) IN GENERAL.—Not later than 60 days after

21 the date on which a majority of the Indian tribes

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

23 agency office plan have approved the agency office

24 plan pursuant to subsection (b)(3), the Secretary

25 shall enter into a reorganization compact with the
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1 Indian tribes to carry out the agency office plan (re2 ferred to in this subsection as the ‘‘agency office re3 organization compact’’). The Secretary may not im4 plement the agency office plan until such time as the

5 Indian tribes have entered into an agency office re6 organization compact with the Secretary pursuant to

7 this paragraph. If the Indian tribes do not enter into

8 an agency office reorganization compact with the

9 Secretary pursuant to this paragraph, the organiza10 tional structure, functions, and funding priorities of

11 the agency office in effect at the time of the develop12 ment of the agency office plan shall remain in effect.

13 (2) PROHIBITION AGAINST CERTAIN LIMITA14 TIONS.—With respect to an Indian tribe that is not

15 a party to an agency office reorganization compact

16 entered into under this subsection, nothing in this

17 section may limit or reduce the level of any service

18 or funding that the Indian tribe is entitled to pursu19 ant to applicable Federal law (including any contract

20 that the Indian tribe is entitled to enter into pursu21 ant to applicable Federal law).

22 (3) COORDINATION WITH AREA OFFICE

23 PLANS.—Each agency office reorganization compact

24 entered into by the Secretary under this subsection

25 shall specify that in the event that the Secretary de-
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1 termines that the agency office reorganization com2 pact is inconsistent with an area office reorganiza3 tion compact entered into under section 101(c), the

4 Secretary, in consultation with the Indian tribes that

5 are parties to the compact, shall make such amend6 ments to the agency office reorganization compact

7 entered into under this subsection as are necessary

8 to ensure consistency with the applicable area office

9 plan.

10 SEC. 103. REORGANIZATION OF CENTRAL OFFICE.

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law, not later than 120 days after the date of en13 actment of this Act, the Secretary shall enter into negotia14 tions with Indian tribes to develop a central office plan.

15 In developing the plan, the Secretary shall enter into nego16 tiations on an area-by-area basis with a representative

17 from each of the Indian tribes in each area, to determine

18 the appropriate allocation of personnel and funding made

19 available to the central office to serve the area and agency

20 offices and Indian tribes in each area office.

21 (b) CONTENT OF CENTRAL OFFICE PLAN.—

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

23 provide for determinations by the Secretary, on the

24 basis of the negotiations described in subparagraph

25 (a), concerning—
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1 (A) which portion of the funds made avail2 able to the Secretary for the central office

3 shall—

4 (i) be used to support the area and

5 agency offices in each area; and

6 (ii) be considered excess funds that

7 may be allocated directly to Indian tribes

8 in each area pursuant to a formula devel9 oped pursuant to paragraph (2)(J); and

10 (B) the allocation of the personnel of the

11 central office to provide support to the area and

12 agency offices.

13 (2) REALLOCATION OF FUNDS AND PERSON14 NEL.—In developing the central office plan, to the

15 extent that the Secretary and the Indian tribes do

16 not exercise the option to maintain current organiza17 tional structures, functions, or funding priorities, the

18 central office plan shall provide, to the extent nec19 essary to accommodate the determinations made

20 under paragraph (1), for—

21 (A) the reorganization of the administra22 tive structure of the central office;

23 (B) the reallocation of personnel (including

24 determinations of office size and functions);
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1 (C) the delegation of authority of the Sec2 retary carried out through the central office to

3 the Directors, Superintendents, or Indian

4 tribes;

5 (D) transfers of functions;

6 (E) the specification of functions—

7 (i) retained by the central office; or

8 (ii) transferred to area offices, agency

9 offices or Indian tribes;

10 (F) the issuance of waivers or other au11 thorities by the Secretary so that functions and

12 other responsibilities of the Secretary may be

13 carried out by the central office or transferred

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

15 (G) the promulgation of revised regulations

16 relating to the functions of the central office

17 that are carried by the central office or trans18 ferred to area offices, agency offices, or Indian

19 tribes;

20 (H) the reordering of funding priorities;

21 (I) allocation formulas to provide for the

22 remaining services to be provided to the area

23 and agency offices and Indian tribes by the

24 central office; and
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1 (J) with respect to the allocation of funds

2 to the area and agency offices and Indian tribes

3 in each area, a formula, negotiated with the

4 tribal representatives identified in subsection

5 (a), for the allocation to the Indian tribes of a

6 portion of excess funds described in paragraph

7 (1)(A)(ii).

8 (c) CENTRAL OFFICE REORGANIZATION COM9 PACTS.—

10 (1) IN GENERAL.—Not later than 60 days after

11 the Secretary develops a central office plan pursuant

12 to subsection (a), the Secretary shall, for each area

13 office, enter into a central office reorganization com14 pact with the Indian tribes in that area to imple15 ment the central office plan (referred to in this sub16 section as the ‘‘central office reorganization com17 pact’’). The Secretary may not implement the com18 ponent of a central office plan relating to an area

19 until such time as a majority of the Indian tribes in

20 that area have entered into a central office reorga21 nization compact. If a majority of the Indian tribes

22 in an area do not enter into a central 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 development of

3 the central office plan shall remain in effect.

4 (2) COORDINATION WITH AREA AND AGENCY

5 OFFICE PLANS.—Each central office reorganization

6 compact entered into by the Secretary under this

7 subsection shall specify that in the event the Sec8 retary determines that a central office reorganiza9 tion compact is inconsistent with a related area of10 fice reorganization compact entered into under sec11 tion 101(c) or a related agency office reorganization

12 compact entered into under section 102(c), the Sec13 retary, in consultation with the Indian tribes that

14 are parties to the central office reorganization com15 pact, shall amend the compact to make such modi16 fications as are necessary to ensure consistency with

17 the applicable area or agency office plan.

18 SEC. 104. SAVINGS PROVISIONS.

19 (a) IN GENERAL.—All orders, determinations, rules,

20 regulations, permits, agreements, grants, contracts, cer21 tificates, licenses, registrations, privileges, and other ad22 ministrative actions—

23 (1) that have been issued, made, granted, or al24 lowed to become effective by the President, any Fed25 eral agency or official thereof, or by a court of com-
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1 petent jurisdiction, in the performance of any func2 tion that is transferred to Indian tribes pursuant to

3 a reorganization compact that the Secretary enters

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

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

6 reorganization compact, or were final before the ef7 fective date of the reorganization compact and are to

8 become effective on or after such date;

9 shall continue in effect according to their terms until

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

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

12 other authorized official, a court of competent jurisdiction,

13 or by operation of law.

14 (b) PROCEEDINGS NOT AFFECTED.—

15 (1) IN GENERAL.—The provisions of a reorga16 nization compact that the Secretary enters into pur17 suant to section 101, 102, or 103 shall not affect

18 any proceedings, including notices of proposed rule19 making, or any application for any license, permit,

20 certificate, or financial assistance pending before the

21 Bureau at the time the reorganization compact takes

22 effect, with respect to the functions transferred by

23 the reorganization compact.

24 (2) CONTINUATION OF PROCEEDINGS.—The

25 proceedings and applications referred to in para-
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1 graph (1) shall be continued. Orders shall be issued

2 in such proceedings, appeals shall be taken from

3 such orders, and payments shall be made pursuant

4 to such orders, as if the compact had not been en5 tered into, and orders issued in any such proceed6 ings shall continue in effect until modified, termi7 nated, superseded, or revoked by a duly authorized

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

9 operation of law.

10 (3) STATUTORY CONSTRUCTION.—Nothing in

11 this subsection shall be deemed to prohibit the dis12 continuance or modification of any such proceeding

13 under the same terms and conditions and to the

14 same extent that such proceeding could have been

15 discontinued or modified if this title had not been

16 enacted.

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

18 or other proceeding commenced by or against the Bureau

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

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

21 reason of the enactment of this title.

22 SEC. 105. ADDITIONAL CONFORMING AMENDMENTS.

23 (a) RECOMMENDED LEGISLATION.—After consulta24 tion with Indian tribes, the appropriate committees of the

25 Congress and the Director of the Office of Management
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1 and Budget, the Secretary shall prepare and submit to the

2 Congress recommended legislation containing technical

3 and conforming amendments to reflect the changes made

4 pursuant to this title.

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

6 120 days after the effective date of this title, the Secretary

7 shall submit to the Congress the recommended legislation

8 referred to in subsection (a).

9 SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

10 There are authorized to be appropriated such sums

11 as may be necessary to carry out this title.

12 SEC. 107. EFFECTIVE DATE.

13 This title shall take effect on the date of enactment

14 of this Act.

15 SEC. 108. SEPARABILITY.

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

17 person or circumstance is held invalid, neither the remain18 der of this title nor the application of the provision to

19 other persons or circumstances shall be affected.

20 SEC. 109. SUSPENSION OF CERTAIN ADMINISTRATIVE

21 ACTIONS.

22 (a) IN GENERAL.—Notwithstanding any other provi23 sion of law, during the 2-year period beginning on the date

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

25 implementation of all administrative activities that affect
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1 the Bureau of Indian Affairs associated with reinventing

2 government, national performance review, or other

3 downsizing initiatives.

4 (b) CONSIDERATION OF COMPACTS.—During the pe5 riod specified in subsection (a), the reorganization com6 pacts entered into under this title shall be deemed to sat7 isfy the goals of the initiatives referred to in subsection

8 (a).

9 SEC. 110. STATUTORY CONSTRUCTION.

10 Nothing in this title may be construed to alter or di11 minish the Federal trust responsibility to Indian tribes,

12 individual Indians, or Indians with trust allotments.

13 TITLE II—AMENDMENT TO THE

14 INDIAN SELF-DETERMINA15 TION ACT

16 SEC. 201. BUDGET DEVELOPMENT.

17 The Indian Self-Determination Act (25 U.S.C. 450f

18 et seq.), as amended by the Tribal Self-Governance Act

19 of 1994, is amended by adding at the end the following

20 new title:
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1 ‘‘TITLE V—BUDGET

2 DEVELOPMENT

3 ‘‘SEC. 501. PARTICIPATION OF INDIAN TRIBES IN THE DE4 VELOPMENT OF BUDGET REQUESTS.

5 ‘‘(a) BUDGET REQUESTS FOR THE BUREAU OF IN6 DIAN AFFAIRS.—Notwithstanding any other provision of

7 law, not later than 120 days after the date of enactment

8 of this title, the Secretary of the Interior shall establish

9 a program—

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

11 concerning the development of budget requests for

12 the Bureau of Indian Affairs that are submitted to

13 the President by the Secretary of the Interior for in14 clusion in the annual budget of the President sub15 mitted to the Congress pursuant to section 1108 of

16 title 31, United States Code; and

17 ‘‘(2) to ensure, to the maximum extent prac18 ticable, the participation by each Indian tribe in the

19 development of the budget requests referred to in

20 paragraph (1).

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

22 SERVICE.—Notwithstanding any other provision of law,

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

24 this title, the Secretary of Health and Human Services

25 shall establish a program—
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1 ‘‘(1) to provide information to Indian tribes

2 concerning the development of budget requests by

3 the Secretary of Health and Human Services for the

4 Indian Health Service that are submitted to the

5 President by the Secretary for inclusion in the an6 nual budget referred to in subsection (a)(1); and

7 ‘‘(2) to ensure, to the maximum extent prac8 ticable, the participation by each Indian tribe in the

9 development of the budget requests referred to in

10 paragraph (1).

11 ‘‘(c) REQUIREMENTS FOR PROGRAMS.—

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

13 under this section shall, to the maximum extent

14 practicable—

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

16 ‘‘(i) the funds authorized to be appro17 priated on an annual basis for the benefit

18 of Indian tribes; and

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

20 of the funds described in clause (i) that

21 will be provided for the benefit of the In22 dian tribe;

23 ‘‘(B) provide, for each Indian tribe—
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1 ‘‘(i) the opportunity to establish prior2 ities for using the estimated funds de3 scribed in subparagraph (A)(ii); and

4 ‘‘(ii) flexibility in the design of tribal

5 and Federal programs that receive Federal

6 funds to best meet the needs of the com7 munity served by the Indian tribe; and

8 ‘‘(C) provide for the collection and dissemi9 nation of information that is necessary for ef10 fective planning, evaluation, and reporting by

11 the Secretary of the Interior or the Secretary of

12 Health and Human Services and Indian tribes

13 concerning the comparative social and public

14 health conditions of Indian communities (as de15 fined and determined by the Secretary of the

16 Interior and the Secretary of Health and

17 Human Services) at local, regional, and na18 tional levels.

19 ‘‘(2) DUTIES OF THE SECRETARIES.—In carry20 ing out the programs established under this section,

21 the Secretary of the Interior and the Secretary of

22 Health and Human Services shall—

23 ‘‘(A) use any information provided by In24 dian tribes concerning the priorities referred to

25 in paragraph (1)(B);
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1 ‘‘(B) support the creation of stable recur2 ring base funding (as defined and determined

3 by each such Secretary) for each Indian tribe;

4 ‘‘(C) seek to maintain stability in the plan5 ning and allocation of the amounts provided for

6 in the budget of the Bureau of Indian Affairs

7 and the Indian Health Service for Indian tribes;

8 and

9 ‘‘(D) assess the Federal programs or as10 sistance provided to each Indian tribe to deter11 mine—

12 ‘‘(i) the relative need for providing

13 Federal funds to carry out each such pro14 gram; and

15 ‘‘(ii) the amount of recurring base

16 funding available to each Indian tribe to

17 carry out each such program.

18 ‘‘(3) CONTRACTS, GRANTS, AND ANNUAL FUND19 ING AGREEMENTS.—To provide, to the maximum ex20 tent practicable, for the full participation by the gov21 erning bodies of Indian tribes on an effective govern22 ment-to-government basis in carrying out the collec23 tion and sharing of information under this section,

24 the Secretary of the Interior or the Secretary of

25 Health and Human Services may—
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1 ‘‘(A) enter into a self-determination con2 tract with an Indian tribe or make a grant to

3 an Indian tribe pursuant to section 102 or 103;

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

5 Health and Human Services, enter into a fund6 ing agreement with a participating Indian tribe

7 pursuant to title III; and

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

9 Interior, enter into a funding agreement with a

10 participating Indian tribe pursuant to title IV.

11 ‘‘SEC. 502. ASSESSMENT METHODOLOGY.

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

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

14 in cooperation with Indian tribes, and in accordance with

15 the negotiated rulemaking procedures under subchapter

16 III of chapter 5 of title 5, United States Code, promulgate

17 standardized assessment methodologies to be used in car18 rying out any budget determination for the Bureau of In19 dian Affairs concerning the levels of funding that are nec20 essary to fund each program area (as defined and deter21 mined by the Secretary) of the Bureau.

22 ‘‘(b) PARTICIPATION BY INDIAN TRIBES.—In carry23 ing out subsection (a), the Secretary shall take such action

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

25 practicable, the direct and active participation of Indian
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1 tribes at the local, regional, and national levels in the ne2 gotiated rulemaking process specified in subchapter III of

3 chapter 5 of title 5, United States Code.

4 ‘‘(c) COMMITTEE.—

5 ‘‘(1) COMPOSITION.—The negotiated rule6 making committee established pursuant to section

7 565 of title 5, United States Code, to carry out sub8 section (a) shall only be comprised of—

9 ‘‘(A) individuals who represent the Federal

10 Government; and

11 ‘‘(B) individuals who represent Indian

12 tribes.

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

14 majority of the members of the committee referred

15 to in paragraph (1) shall be individuals who rep16 resent Indian tribes.

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

18 shall adapt the negotiated rulemaking procedures carried

19 out under this section in the same manner as the Sec20 retary adapts, in accordance with section 407(c), the pro21 cedures carried out pursuant to section 407.

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

23 ‘‘(a) REPORT ON BUDGET NEEDS.—Not later than

24 the earliest date after the date of promulgation of the reg25 ulations under section 502 on which the Secretary of the
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1 Interior submits a budget request to the President for in2 clusion in the annual budget of the President submitted

3 to the Congress pursuant to section 1108 of title 31, Unit4 ed States Code, and annually thereafter, the Secretary

5 shall prepare and submit to the President a report that—

6 ‘‘(1) describes the standardized methodologies

7 that are the subject of the regulations promulgated

8 pursuant to section 502; and

9 ‘‘(2) includes—

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

11 of Indian Affairs, an assessment of the level of

12 funding that is necessary to fund the program

13 area; and

14 ‘‘(B) for each Indian tribe served by a pro15 gram area referred to in paragraph (2)—

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

17 funding that is necessary for each Indian

18 tribe served by the program area;

19 ‘‘(ii) the total amount of funding nec20 essary to cover all program areas with re21 spect to which the tribe receives services

22 (as determined by taking the aggregate of

23 the applicable amounts determined under

24 paragraph (3)); and
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1 ‘‘(iii) a breakdown, for each program

2 area with respect to which the Indian tribe

3 receives service, of the amount determined

4 under clause (ii).

5 ‘‘SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

6 ‘‘There are authorized to be appropriated such sums

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

8 TITLE III—REFORM OF THE REG9 ULATIONS OF THE BUREAU

10 OF INDIAN AFFAIRS

11 SEC. 301. BIA MANUAL.

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

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

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

15 BIA Manual;

16 (2) promulgate as proposed regulations those

17 provisions of the BIA Manual that the Secretary

18 deems necessary for the efficient implementation of

19 the Federal functions retained by the Bureau under

20 the reorganization compacts authorized by this Act;

21 and

22 (3) revoke all provisions of the BIA Manual

23 that are not promulgated as proposed regulations

24 under paragraph (2).
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1 (b) CONSULTATION WITH INDIAN TRIBES.—In car2 rying out subsection (a), the Secretary shall, to the maxi3 mum extent practicable, consult with Indian tribes in such

4 manner as to provide for the full participation of Indian

5 tribes.

6 SEC. 302. TASK FORCE.

7 (a) ESTABLISHMENT OF TASK FORCE.—

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

9 the date of enactment of this Act, the Secretary

10 shall establish a task force on regulatory reform (re11 ferred to in this section as the ‘‘task force’’).

12 (2) DUTIES.—The task force shall—

13 (A) review the regulations under title 25,

14 Code of Federal Regulations; and

15 (B) make recommendations concerning the

16 revision of the regulations.

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

18 composed of 16 members, including 12 members

19 who are representatives of Indian tribes from each

20 of the 12 areas served by area offices.

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

22 after the date on which all members of the task

23 force have been appointed, the task force shall hold

24 its first meeting.
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1 (5) MEETINGS.—The task force shall meet at

2 the call of the Chairperson.

3 (6) QUORUM.—A majority of the members of

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

5 number of members may hold hearings.

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

7 a Chairperson from among its members.

8 (b) REPORTS.—

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

10 shall submit to the Secretary such reports as the

11 Secretary determines to be appropriate.

12 (2) REPORTS TO THE CONGRESS AND TO IN13 DIAN TRIBES.—In addition to submitting the reports

14 described in paragraph (1), not later than 120 days

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

16 and submit to the Congress and to the governing

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

18 (A) the findings of the task force concern19 ing the review conducted pursuant to subsection

20 (a)(2)(A); and

21 (B) the recommendations described in sub22 section (a)(2)(B).

23 (c) POWERS OF THE TASK FORCE.—

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

25 hearings, sit and act at such times and places, take
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1 such testimony, and receive such evidence as the

2 task force considers advisable to carry out the duties

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

4 (2) INFORMATION FROM FEDERAL AGENCIES.—

5 The task force may secure directly from any Federal

6 department or agency such information as the task

7 force considers necessary to carry out the duties of

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

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

10 use the United States mails in the same manner and

11 under the same conditions as other departments and

12 agencies of the Federal Government.

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

14 and dispose of gifts or donations of services or prop15 erty.

16 (d) TASK FORCE PERSONNEL MATTERS.—

17 (1) COMPENSATION OF MEMBERS.—Each mem18 ber of the task force who is not an officer or em19 ployee of the Federal Government shall be com20 pensated at a rate equal to the daily equivalent of

21 the annual rate of basic pay prescribed for level IV

22 of the Executive Schedule under section 5315 of title

23 5, United States Code, for each day (including travel

24 time) during which such member is engaged in the

25 performance of the duties of the task force. All
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1 members of the task force who are officers or em2 ployees of the United States shall serve without com3 pensation in addition to that received for their serv4 ices as officers or employees of the United States.

5 (2) TRAVEL EXPENSES.—The members of the

6 task force shall be allowed travel expenses, including

7 per diem in lieu of subsistence, at rates authorized

8 for employees of agencies under subchapter I of

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

10 away from their homes or regular places of business

11 in the performance of services for the task force.

12 (3) STAFF.—

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

14 task force may, without regard to the civil serv15 ice laws, appoint and terminate such personnel

16 as may be necessary to enable the task force to

17 perform its duties.

18 (B) PROCUREMENT OF TEMPORARY AND

19 INTERMITTENT SERVICES.—The Chairperson of

20 the task force may procure temporary and

21 intermittent service under section 3109(b) of

22 title 5, United States Code, at rates for individ23 uals that do not exceed the daily equivalent of

24 the annual rate of basic pay prescribed for level
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1 V of the Executive Schedule under section 5316

2 of such title.

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

4 shall terminate 30 days after the date on which the task

5 force submits its reports to the Congress and to Indian

6 tribes under subsection (b)(2).

7 (f) EXEMPTION FROM FEDERAL ADVISORY COMMIT8 TEE ACT.—All of the activities of the task force conducted

9 under this title shall be exempt from the Federal Advisory

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

11 (g) PROHIBITION.—Beginning on the date of enact12 ment of this Act, the Secretary may not—

13 (1) promulgate any unpublished regulation or

14 agency guidance that affects Indian tribes; or

15 (2) impose any nonregulatory requirement that

16 affects Indian tribes.

17 SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated such sums

19 as may be necessary to carry out this title.

20 SECTION 1. SHORT TITLE, PURPOSES, TABLE OF CON21 TENTS, AND DEFINITIONS.

22 (a) SHORT TITLE.—This Act may be cited as the ‘‘Bu23 reau of Indian Affairs Reorganization Act of 1995’’.

24 (b) PURPOSES.—The purposes of this Act are—
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1 (1) to ensure the meaningful involvement of In2 dian tribes as full negotiation partners with the Unit3 ed States in all efforts to reorganize and restructure

4 the Bureau of Indian Affairs; and

5 (2) to ensure the active participation by Indian

6 tribes in the development of the budget requests for the

7 Bureau of Indian Affairs and the Indian Health

8 Services which are submitted to the President by the

9 Secretary of the Interior and the Secretary of Health

10 and Human Services for inclusion in the annual

11 budget request submitted by the President to the Con12 gress pursuant to section 1108 of title 31, United

13 States Code.

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

15 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.
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TITLE III—REFORM OF THE REGULATIONS OF THE BUREAU OF

INDIAN AFFAIRS

Sec. 301. BIA Manual.

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 Indian

5 Affairs in existence on the date of enactment of this

6 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 office’’

12 means an agency office of the Bureau of Indian Af13 fairs in existence on the date of enactment of this Act.

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

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

16 an agency office negotiated by the Secretary and In17 dian tribes pursuant to section 102.

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

19 means the most recent edition of the Bureau of Indian

20 Affairs Manual issued by the Department of the Inte21 rior.
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1 (6) BUREAU.—The term ‘‘Bureau’’ means the

2 Bureau of Indian Affairs.

3 (7) CENTRAL OFFICE.—The term ‘‘central office’’

4 means the Central Office of the Bureau, and includes

5 the offices of the Central Office that are housed in

6 Washington, D.C. and Albuquerque, New Mexico.

7 (8) CENTRAL OFFICE PLAN.—The term ‘‘central

8 office plan’’ means the plan for the reorganization of

9 the central office negotiated by the Secretary and In10 dian tribes pursuant to section 103.

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

12 means the Department of the Interior.

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

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

15 office.

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

17 any duty, obligation, power, authority, responsibility,

18 right, privilege, activity, or program.

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

20 has the same meaning as in section 4(e) of the Indian

21 Self-Determination and Education Assistance Act (25

22 U.S.C. 450b(e)).

23 (13) SECRETARY.—The term ‘‘Secretary’’ means

24 the Secretary of the Interior.
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1 (14) SUPERINTENDENT.—The term ‘‘Super2 intendent’’ means the Superintendent of an agency of3 fice.

4 (15) TRIBAL PRIORITY ALLOCATION ACCOUNT.—

5 The term ‘‘tribal priority allocation account’’ means

6 an account so designated by the Bureau, with respect

7 to which program priorities and funding levels are es8 tablished by individual Indian tribes.

9 (16) TRIBAL RECURRING BASE FUNDING.—The

10 term ‘‘tribal recurring base funding’’ means recurring

11 base funding (as defined and determined by the Sec12 retary) for the tribal priority allocation accounts of

13 an Indian tribe allocated to a tribe by the Bureau.

14 TITLE I—REORGANIZATION

15 COMPACTS

16 SEC. 101. REORGANIZATION OF AREA OFFICES.

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law—

19 (1) not later than 30 days after the date of en20 actment of this Act, the Secretary shall notify in

21 writing each Indian tribe served by an area office of

22 the time and place of the initial prenegotiation meet23 ing to establish a schedule for negotiations under this

24 subsection; and
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1 (2) not later than 150 days after the date of en2 actment of this Act, the Secretary shall conclude nego3 tiations with the Indian tribes served by each area of4 fice on a reorganization plan for the area office.

5 (b) CONTENTS OF AREA OFFICE PLANS.—

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

7 prepared pursuant to this subsection shall provide for

8 the organization of the area office covered under the

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

10 tribes served by the area office do not exercise the op11 tion to maintain current organizational structures,

12 functions, or funding priorities pursuant to para13 graph (3), the reorganization plan shall provide, with

14 respect to the area office covered under the plan, for—

15 (A) the reorganization of the administrative

16 structure of the area office;

17 (B) the reallocation of personnel (including

18 determinations of office size and functions);

19 (C) the delegation of authority of the Sec20 retary to the Director, Superintendents, or In21 dian tribes;

22 (D) transfers of functions;

23 (E) the specification of functions—

24 (i) retained by the Bureau; or
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1 (ii) transferred to Indian tribes served

2 by the area office;

3 (F) the issuance of waivers or other authori4 ties by the Secretary so that functions and other

5 responsibilities of the Secretary may be carried

6 out by the area office or transferred to Indian

7 tribes;

8 (G) the promulgation of revised regulations

9 relating to the functions of the area office that

10 are performed by the area office or transferred to

11 Indian tribes;

12 (H) the reordering of funding priorities;

13 and

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

15 recurring base funding for each Indian tribe

16 served by the area office, of unexpended balances

17 of appropriations and other Federal funds made

18 available to the area office in connection with

19 any function transferred to Indian tribes pursu20 ant to subparagraph (E)(ii).

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

22 shall include, for each Indian tribe served by the area

23 office, a negotiated determination of the share of the

24 Indian tribe of the funds used by the area office on

25 an annual basis to support functions and services of
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1 each tribe (hereafter in this subsection referred to as

2 the ‘‘tribal share’’).

3 (3) OPTION OF MAINTENANCE OF CURRENT STA4 TUS.—At the option of a majority of the Indian tribes

5 served by an area office, a reorganization plan may

6 provide for the continuation of organizational struc7 tures, functions, or funding priorities of the area of8 fice that are substantially similar to those in effect at

9 the time of the negotiation of the area office plan.

10 (4) APPROVAL OF AREA OFFICE PLAN BY INDIAN

11 TRIBES.—

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

13 the negotiation of an area office plan is con14 cluded, the Secretary shall submit the plan to the

15 Indian tribes served by the area office for ap16 proval.

17 (B) EFFECT OF FAILURE OF INDIAN TRIBE

18 TO APPROVE PLAN.—If an Indian tribe served by

19 an area office fails to approve an area office

20 plan by the date that is 60 days after the Sec21 retary submits the plan pursuant to subpara22 graph (A) to the Indian tribes served by that of23 fice, the plan shall be considered to have been

24 disapproved by that Indian tribe.
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1 (C) REORGANIZATION COMPACT.—If, by the

2 date specified in subparagraph (B), a majority

3 of the Indian tribes approve the area office plan

4 by tribal resolution or other official act of the

5 governing body of each Indian tribe involved, the

6 Secretary shall enter into a reorganization com7 pact pursuant to subsection (c).

8 (5) SINGLE TRIBE AREA OFFICE.—Not later than

9 30 days after the date of enactment of this Act, the

10 Secretary shall notify in writing an Indian tribe that

11 is served by an area office that serves only that In12 dian tribe of the time and place of the initial

13 prenegotiation meeting to establish a schedule for ne14 gotiations for an area office plan. If, by not later

15 than 60 days after the date of enactment of this Act,

16 an Indian tribe that is served by an area office that

17 serves only that Indian tribe notifies the Secretary in

18 writing that the Indian tribe elects to enter into nego19 tiations with the Secretary to prepare a reorganiza20 tion plan for the area office—

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

22 of enactment of this Act, the Secretary shall con23 clude such negotiations; and

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

25 date specified in subparagraph (A), the Indian
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1 tribe approves the area office plan by tribal reso2 lution or other official act of the governing body

3 of the Indian tribe, the Secretary shall enter into

4 a reorganization compact with the Indian tribe

5 to carry out the area office plan.

6 (6) OPTION TO TAKE TRIBAL SHARE.—

7 (A) IN GENERAL.—If—

8 (i) by the date specified in paragraph

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

10 served by an area office fail to approve an

11 area office plan, an Indian tribe may, not

12 later than 60 days after the date specified

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

14 in writing that the Indian tribe elects to re15 ceive directly the tribal share of the Indian

16 tribe; or

17 (ii) by the date specified in paragraph

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

19 office fails to approve an area office plan,

20 the Indian tribe may, not later than 60

21 days after the date specified in paragraph

22 (5)(B), notify the Secretary in writing that

23 the Indian tribe elects to receive directly the

24 tribal share of the Indian tribe.
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1 (B) AGREEMENT.—Not later than 30 days

2 after the date on which the Secretary receives a

3 notice under subparagraph (A), the Secretary

4 shall enter into an agreement with the Indian

5 tribe for the immediate and direct transfer to the

6 Indian tribe of an amount equal to the tribal

7 share, or if the agreement covers a period of less

8 than 12 months, a prorated amount of the tribal

9 share. The agreement shall include—

10 (i) a negotiated determination of the

11 amount, if any, of residual Federal funds to

12 be retained by the Secretary for the area of13 fice that are minimally necessary to carry

14 out trustee and other functions of the Fed15 eral Government that are not delegable to

16 the Indian tribes served by the area office;

17 and

18 (ii) a negotiated description of the re19 sponsibilities to be carried out by—

20 (I) the area office; and

21 (II) the Indian tribe.

22 (7) SELF-DETERMINATION AND SELF-GOVERN23 ANCE AUTHORITIES NOT AFFECTED.—If an Indian

24 tribe exercises the option to receive a tribal share of

25 funds in accordance with paragraph (6), the exercise
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1 of that option may not be construed to limit or re2 strict any right of that tribe or any other tribe to

3 receive funds under title I or IV of the Indian Self4 Determination and Education Assistance Act (25

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

6 may be included as part of the tribal share identified

7 in paragraph (6).

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

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

10 tribes served by an area office fail to approve the plan

11 pursuant to paragraph (4), the organizational struc12 ture, functions, and funding priorities of the area of13 fice in effect at the time of the negotiation of the area

14 office plan shall be determined by the Secretary, in

15 consultation with the Indian tribes served by that

16 area office, and in a manner consistent with the exer17 cise by any Indian tribe of the option to receive di18 rectly the tribal share of the Indian tribe under para19 graph (6).

20 (c) AREA OFFICE REORGANIZATION COMPACTS.—

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

22 the date on which a majority of the Indian tribes

23 served by the area office that is the subject of a reor24 ganization plan have approved the plan pursuant to

25 subsection (b)(4), the Secretary shall enter into an
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1 area office reorganization compact with the Indian

2 tribes that have approved the plan to carry out that

3 plan (hereafter in this subsection referred to as the

4 ‘‘area office reorganization compact’’).

5 (2) PROHIBITION AGAINST CERTAIN LIMITA6 TIONS.—With respect to an Indian tribe that is not

7 a party to an area office reorganization compact en8 tered into by the Secretary under this subsection,

9 nothing in this section may limit or reduce the level

10 of any service or funding that the Indian tribe would

11 otherwise receive pursuant to applicable Federal law

12 (including title I or IV of the Indian Self-Determina13 tion and Education Assistance Act (25 U.S.C. 450 et

14 seq.)).

15 SEC. 102. REORGANIZATION OF AGENCY OFFICES.

16 (a) IN GENERAL.—Notwithstanding any other provi17 sion of law—

18 (1) not later than 30 days after the date of en19 actment of this Act, the Secretary shall notify each

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

21 initial prenegotiation meeting to establish a schedule

22 for negotiations under this subsection; and

23 (2) not later than 150 days after the date of en24 actment of this Act, the Secretary, acting through the

25 Superintendent (or a designee of the Superintendent)
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1 of each agency office, shall conclude negotiations with

2 the Indian tribes served by each agency office on an

3 agency office plan for each agency office.

4 (b) CONTENTS OF AGENCY OFFICE PLANS.—

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

6 is prepared by the Secretary pursuant to this sub7 section shall provide for the organization of the agen8 cy office covered under the plan. To the extent that a

9 majority of the Indian tribes served by the agency of10 fice do not exercise the option to maintain current or11 ganizational structures, functions, or funding prior12 ities pursuant to paragraph (3), the agency office

13 plan shall provide, with respect to the agency office

14 covered under the agency office plan, for—

15 (A) the reorganization of the administrative

16 structure of the agency office;

17 (B) the reallocation of personnel (including

18 determinations of office size and functions);

19 (C) the delegation of authority of the Sec20 retary to the Superintendent or Indian tribes;

21 (D) transfers of functions;

22 (E) the specification of functions—

23 (i) retained by the Bureau; or

24 (ii) transferred to Indian tribes served

25 by the agency office;
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1 (F) the issuance of waivers or other authori2 ties by the Secretary so that functions and other

3 responsibilities of the Secretary may be carried

4 out by the agency office or transferred to Indian

5 tribes;

6 (G) the promulgation of revised regulations

7 relating to the functions of the agency office that

8 are carried by the agency office or transferred to

9 Indian tribes;

10 (H) the reordering of funding priorities;

11 and

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

13 recurring base funding for each Indian tribe

14 served by the agency office, of unexpended bal15 ances of appropriations and other Federal funds

16 made available to the agency office in connection

17 with any function transferred to Indian tribes

18 pursuant to subparagraph (E)(ii).

19 (2) SHARE OF FUNDING.—An agency office plan

20 shall include, for each Indian tribe served by the

21 agency office, a negotiated determination of the share

22 of the Indian tribe of the funds used by the agency

23 office on an annual basis to support functions and

24 services of the tribe (hereafter in this subsection re25 ferred to as the ‘‘tribal share’’).
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1 (3) OPTION OF MAINTENANCE OF CURRENT STA2 TUS.—At the option of a majority of the Indian tribes

3 served by an agency office, an agency office plan may

4 provide for the continuation of organizational struc5 tures, functions, or funding priorities of the agency

6 office that are substantially similar to those in effect

7 at the time of the development of the agency office

8 plan.

9 (4) APPROVAL OF AGENCY OFFICE PLAN BY IN10 DIAN TRIBES.—

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

12 the negotiation of an agency office plan is con13 cluded, the Secretary shall submit the agency of14 fice plan to the Indian tribes served by the agen15 cy office for approval.

16 (B) EFFECT OF FAILURE OF INDIAN TRIBE

17 TO APPROVE PLAN.—If an Indian tribe served by

18 an agency office fails to approve an agency office

19 plan by the date that is 60 days after the Sec20 retary submits the plan pursuant to subpara21 graph (A) to the Indian tribes served by that of22 fice, the plan shall be considered to have been

23 disapproved by that Indian tribe.

24 (C) REORGANIZATION COMPACT.—If, by the

25 date specified in subparagraph (B), a majority
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1 of the Indian tribes approve the agency office

2 plan by a tribal resolution or other official act

3 of the governing body of each Indian tribe in4 volved, the Secretary shall enter into a reorga5 nization compact pursuant to subsection (c).

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

7 than 30 days after the date of enactment of this Act,

8 the Secretary shall notify in writing an Indian tribe

9 that is served by an agency office that serves only that

10 Indian tribe of the time and place of the initial

11 prenegotiation meeting to establish a schedule for ne12 gotiations for an agency office plan. If, by not later

13 than 60 days after the date of enactment of this Act,

14 an Indian tribe that is served by an agency office

15 that serves only that Indian tribe notifies the Sec16 retary in writing that the Indian tribe elects to enter

17 into negotiations with the Secretary to prepare a re18 organization plan for the agency office—

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

20 of enactment of this Act, the Secretary shall con21 clude such negotiations; and

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

23 date specified in subparagraph (A), the Indian

24 tribe approves the agency office plan by tribal

25 resolution or other official act of the governing
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1 body of the Indian tribe, the Secretary shall

2 enter into a reorganization compact with the In3 dian tribe to carry out the area office plan.

4 (6) OPTION TO TAKE TRIBAL SHARE.—

5 (A) IN GENERAL.—If—

6 (i) by the date specified in paragraph

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

8 served by an agency office fail to approve

9 an agency office plan, an Indian tribe may,

10 not later than 60 days after the date speci11 fied in paragraph (4)(B), notify the Sec12 retary in writing that the Indian tribe

13 elects to receive directly the tribal share of

14 the Indian tribe; or

15 (ii) by the date specified in paragraph

16 (5)(B), the Indian tribe served by an agency

17 office fails to approve an agency office plan,

18 the Indian tribe may, not later than 60

19 days after the date specified in paragraph

20 (5)(B), notify the Secretary in writing that

21 the Indian tribe elects to receive directly the

22 tribal share of the Indian tribe.

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

24 after the date on which the Secretary receives a

25 notice under subparagraph (A), the Secretary
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1 shall enter into an agreement with the Indian

2 tribe for the immediate and direct transfer to the

3 Indian tribe of an amount equal to the tribal

4 share, or if the agreement covers a period of less

5 than 12 months, a prorated amount of the tribal

6 share. The agreement shall include—

7 (i) a negotiated determination of the

8 amount, if any, of residual Federal funds to

9 be retained by the Secretary for the agency

10 office that are minimally necessary to carry

11 out trustee and other functions of the Fed12 eral Government that are not delegable to

13 the Indian tribes served by the agency office;

14 and

15 (ii) a negotiated description of the re16 sponsibilities to be carried out by—

17 (I) the agency office; and

18 (II) the Indian tribe.

19 (7) SELF-DETERMINATION AND SELF-GOVERN20 ANCE AUTHORITIES NOT AFFECTED.—If an Indian

21 tribe exercises the option to receive a tribal share of

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

23 of that option may not be construed to limit or re24 strict any right of that tribe or any other tribe to re25 ceive funds under title I or IV of the Indian Self-De-
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1 termination and Education Assistance Act (25 U.S.C.

2 450 et seq.), and funds received under that Act may

3 be included as part of the tribal share identified in

4 paragraph (6).

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

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

7 tribes served by an agency office fail to approve the

8 plan pursuant to paragraph (4), the organizational

9 structure, functions, and funding priorities of the

10 agency office in effect at the time of the negotiation

11 of the agency office plan shall be determined by the

12 Secretary, in consultation with the Indian tribes

13 served by that agency office, and in a manner consist14 ent with the exercise by any Indian tribe of the op15 tion to receive directly the tribal share of the Indian

16 tribe under paragraph (6).

17 (c) AGENCY OFFICE REORGANIZATION COMPACTS.—

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

19 the date on which a majority of the Indian tribes

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

21 agency office plan have approved that plan pursuant

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

23 reorganization compact with the Indian tribes to

24 carry out the agency office plan (hereafter in this sub-
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1 section referred to as the ‘‘agency office reorganization

2 compact’’).

3 (2) PROHIBITION AGAINST CERTAIN LIMITA4 TIONS.—With respect to an Indian tribe that is not

5 a party to an agency office reorganization compact

6 entered into under this subsection, nothing in this sec7 tion may limit or reduce the level of any service or

8 funding that the Indian tribe would otherwise receive

9 pursuant to applicable Federal law (including title I

10 or IV of the Indian Self-Determination and Edu11 cation Assistance Act (25 U.S.C. 450 et seq.)).

12 SEC. 103. REORGANIZATION OF CENTRAL OFFICE.

13 (a) IN GENERAL.—Notwithstanding any other provi14 sion of law—

15 (1) not later than 30 days after the date of en16 actment of this Act, the Secretary shall notify in

17 writing each Indian tribe of the time and place of the

18 initial prenegotiation meeting to establish a schedule

19 for negotiations under this subsection; and

20 (2) not later than 150 days after the date of en21 actment of this Act, the Secretary shall conclude nego22 tiations with Indian tribes on a reorganization plan

23 for the central office. The Secretary shall negotiate on

24 an area-by-area basis with a representative from each

25 of the Indian tribes in each area, to determine the
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1 appropriate allocation of personnel and funding made

2 available to the central office to serve the area and

3 agency offices and Indian tribes in each area office.

4 (b) CONTENT OF CENTRAL OFFICE PLAN.—

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

6 provide for determinations on the basis of the negotia7 tions described in subsection (a) concerning—

8 (A) which portion of the funds made avail9 able to the Secretary for the central office shall—

10 (i) be used to support the area and

11 agency offices in each area; or

12 (ii) be considered funds that may be

13 transferred directly to Indian tribes in each

14 area pursuant to a formula developed pur15 suant to paragraph (2)(J); and

16 (B) the allocation of the personnel of the

17 central office to provide support to the area and

18 agency offices.

19 (2) REALLOCATION OF FUNDS AND PERSON20 NEL.—In developing the central office plan, to the ex21 tent that the Secretary and the Indian tribes do not

22 exercise the option to maintain current organiza23 tional structures, functions, or funding priorities, the

24 central office plan shall provide, to the extent nec-
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1 essary to accommodate the determinations made

2 under paragraph (1), for—

3 (A) the reorganization of the administrative

4 structure of the central office;

5 (B) the reallocation of personnel (including

6 determinations of office size and functions);

7 (C) the delegation of authority of the Sec8 retary carried out through the central office to

9 the Directors, Superintendents, or Indian tribes;

10 (D) transfers of functions;

11 (E) the specification of functions—

12 (i) retained by the central office; or

13 (ii) transferred to area offices, agency

14 offices or Indian tribes;

15 (F) the issuance of waivers or other authori16 ties by the Secretary so that functions and other

17 responsibilities of the Secretary may be carried

18 out by the central office or transferred to area of19 fices, agency offices, or Indian tribes;

20 (G) the promulgation of revised regulations

21 relating to the functions of the central office that

22 are carried by the central office or transferred to

23 area offices, agency offices, or Indian tribes;

24 (H) the reordering of funding priorities;
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1 (I) allocation formulas to provide for the re2 maining services to be provided to the area and

3 agency offices and Indian tribes by the central

4 office; and

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

6 the area and agency offices and Indian tribes in

7 each area, a formula, negotiated with the tribal

8 representatives identified in subsection (a), for

9 the transfer to the Indian tribes of all or a por10 tion of the funds described in paragraph

11 (1)(A)(ii).

12 (3) SHARE OF FUNDING.—The central office plan

13 shall include, for each Indian tribe, a negotiated de14 termination of the share of the Indian tribe (hereafter

15 in this subsection referred to as the ‘‘tribal share’’) of

16 the funds used by the central office on an annual

17 basis to support functions and services of the Indian

18 tribe and the personnel and services identified in sub19 section (a), after any funds identified in paragraph

20 (1)(A)(ii) have been allocated directly to Indian

21 tribes.

22 (4) OPTION TO TAKE TRIBAL SHARE.—

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

24 not later than 60 days after the date specified in

25 subsection (c), notify the Secretary in writing
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1 that the Indian tribe elects to receive directly the

2 tribal share for that Indian tribe determined

3 under paragraph (3) if that Indian tribe—

4 (i) receives a tribal share of an area of5 fice under section 101(b) and also receives a

6 tribal share of an agency office under sec7 tion 102(b); or

8 (ii) receives a share pursuant to title I

9 or IV of the Indian Self-Determination and

10 Education Assistance Act (25 U.S.C. 450 et

11 seq.).

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

13 after the date on which an Indian tribe provides

14 written notification to the Secretary under sub15 paragraph (A), the Secretary shall enter into an

16 agreement with the Indian tribe for the imme17 diate and direct transfer to the Indian tribe of

18 an amount equal to the tribal share, or if the pe19 riod covered by the agreement is less than 12

20 months, a prorated amount of the tribal share.

21 The agreement shall include—

22 (i) a negotiated determination of the

23 amount of residual Federal funds to be re24 tained by the Secretary for the central office

25 that are minimally necessary to carry out
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1 trustee and other functions of the Federal

2 Government that are not delegable to the In3 dian tribes served by the central office; and

4 (ii) a negotiated description of the re5 sponsibilities to be carried out by—

6 (I) the central office; and

7 (II) the Indian tribe.

8 (5) SELF-DETERMINATION AND SELF-GOVERN9 ANCE AUTHORITIES NOT AFFECTED.—If an Indian

10 tribe exercises the option to receive a tribal share of

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

12 of that option may not be construed to limit or re13 strict any right of that tribe or any other tribe to re14 ceive funds under title I or IV of the Indian Self-De15 termination and Education Assistance Act (25 U.S.C.

16 450 et seq.), and funds received under that Act may

17 be included as part of the tribal share identified in

18 paragraph (4).

19 (c) CENTRAL OFFICE REORGANIZATION COMPACTS.—

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

21 the Secretary has concluded a negotiation of a central

22 office plan pursuant to subsection (a), the Secretary

23 shall, for each area office, enter into a central office

24 reorganization compact with the Indian tribes in that

25 area to implement the central office plan (hereafter in
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1 this subsection referred to as the ‘‘central office reor2 ganization compact’’). The Secretary may not imple3 ment the component of a central office plan relating

4 to an area until such time as a majority of the In5 dian tribes in that area have entered into a central

6 office reorganization compact. If a majority of the In7 dian tribes in an area do not enter into a central of8 fice reorganization compact with the Secretary pursu9 ant to this paragraph, the organizational structure,

10 functions, and funding priorities of the central office

11 relating to the area and agency offices and Indian

12 tribes in that area and in effect at the time of the ne13 gotiation of the central office plan shall be determined

14 by the Secretary, in consultation with the Indian

15 tribes served by each area office, and in a manner

16 that is consistent with the exercise by any Indian

17 tribe of the option to receive directly the tribal share

18 of the Indian tribe under subsection (b)(4).

19 (2) COORDINATION WITH AREA AND AGENCY OF20 FICE PLANS.—Each central office reorganization com21 pact entered into by the Secretary under this sub22 section shall specify that in the event the Secretary

23 determines that a central office reorganization com24 pact is inconsistent with a related area office reorga25 nization compact entered into under section 101(c) or
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1 a related agency office reorganization compact entered

2 into under section 102(c), the Secretary, in negotia3 tion with the Indian tribes that are parties to the

4 central office reorganization compact, shall amend the

5 compact to make such modifications as are necessary

6 to ensure consistency with the applicable area or

7 agency office plan.

8 SEC. 104. AUTHORITY TO SPEND FUNDS.

9 Each Indian tribe that receives funds under this title

10 shall administer and expend those funds in a manner con11 sistent with the authorities provided to Indian tribes under

12 the Indian Self-Determination and Education Assistance

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

14 SEC. 105. SAVINGS PROVISIONS.

15 (a) IN GENERAL.—Notwithstanding any other provi16 sion of this title, all orders, determinations, rules, regula17 tions, permits, agreements, grants, contracts, certificates, li18 censes, registrations, privileges, and other administrative

19 actions—

20 (1) that have been issued, made, granted, or al21 lowed to become effective by the President, any Fed22 eral agency or official thereof, or by a court of com23 petent jurisdiction, in the performance of any func24 tion that is transferred to Indian tribes pursuant to
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1 a reorganization compact that the Secretary enters

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

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

4 reorganization compact, or were final before the effec5 tive date of the reorganization compact and are to be6 come effective on or after such date;

7 shall continue in effect according to their terms until modi8 fied, terminated, superseded, set aside, or revoked in accord9 ance with law by the President, the Secretary, or other au10 thorized official, a court of competent jurisdiction, or by

11 operation of law.

12 (b) PROCEEDINGS NOT AFFECTED.—

13 (1) IN GENERAL.—The provisions of a reorga14 nization compact that the Secretary enters into pur15 suant to section 101, 102, or 103 shall not affect any

16 proceedings, including notices of proposed rule17 making, or any application for any license, permit,

18 certificate, or financial assistance pending before the

19 Bureau at the time the reorganization compact takes

20 effect, with respect to the functions transferred by the

21 reorganization compact.

22 (2) CONTINUATION OF PROCEEDINGS.—The pro23 ceedings and applications referred to in paragraph

24 (1) shall be continued. Orders shall be issued in such

25 proceedings, appeals shall be taken from such orders,
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1 and payments shall be made pursuant to such orders,

2 as if the compact had not been entered into, and or3 ders issued in any such proceedings shall continue in

4 effect until modified, terminated, superseded, or re5 voked by a duly authorized official, by a court of com6 petent jurisdiction, or by operation of law.

7 (3) STATUTORY CONSTRUCTION.—Nothing in this

8 subsection shall be deemed to prohibit the discontinu9 ance or modification of any such proceeding under

10 the same terms and conditions and to the same extent

11 that such proceeding could have been discontinued or

12 modified if this title had not been enacted.

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

14 other proceeding commenced by or against the Bureau or

15 by or against any individual in the official capacity of such

16 individual as an officer of the Bureau shall abate by reason

17 of the enactment of this title.

18 SEC. 106. ADDITIONAL CONFORMING AMENDMENTS.

19 (a) RECOMMENDED LEGISLATION.—After consultation

20 with Indian tribes and the appropriate committees of the

21 Congress, the Secretary shall prepare and submit to the

22 Congress appropriate recommendations for legislation con23 taining technical and conforming amendments to reflect the

24 changes made pursuant to this title.
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1 (b) SUBMISSION TO THE CONGRESS.—Not later than

2 120 days after the effective date of this title, the Secretary

3 shall submit to the Congress the recommended legislation

4 referred to in subsection (a).

5 SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

6 There are authorized to be appropriated such sums as

7 may be necessary to carry out this title.

8 SEC. 108. EFFECTIVE DATE.

9 This title shall take effect on the date of enactment of

10 this Act.

11 SEC. 109. SEPARABILITY.

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

13 person or circumstance is held invalid, neither the remain14 der of this title nor the application of the provision to other

15 persons or circumstances shall be affected.

16 SEC. 110. SUSPENSION OF CERTAIN ADMINISTRATIVE AC17 TIONS.

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law, during the 2-year period beginning on the date

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

21 implementation of all administrative activities that affect

22 the Bureau associated with reinventing government, na23 tional performance review, or other down sizing initiatives

24 of the executive branch of the Federal Government.
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1 (b) CONSIDERATION OF COMPACTS.—During the pe2 riod specified in subsection (a), the reorganization compacts

3 entered into under this title shall be deemed to satisfy the

4 goals of the initiatives referred to in subsection (a).

5 SEC. 111. STATUTORY CONSTRUCTION.

6 Nothing in this title may be construed to alter or di7 minish the Federal trust responsibility to Indian tribes, in8 dividual Indians, or Indians with trust allotments.

9 SEC. 112. TRIBAL AUTHORITY RECOGNIZED.

10 Nothing in this title may be construed to prohibit or

11 limit the capacity of 2 or more Indian tribes to authorize,

12 by tribal resolution or other official act of the governing

13 body of each Indian tribe involved, a group of Indian tribes

14 to exercise any authority granted to an Indian tribe under

15 this title, except that the approval of an area office or agen16 cy office reorganization plan under sections 101(b)(4) and

17 102(b)(4), and the entering into a central office reorganiza18 tion compact under section 103(c)(1), shall be authorized

19 by the separate tribal resolution or other official act of the

20 governing body of each Indian tribe involved.

21 SEC. 113. RENEGOTIATION AUTHORITY.

22 The Indian tribes served by an agency or area office

23 may annually exercise any authorities that the Indian

24 tribes are authorized to exercise under this title during any

25 calendar year that begins after the date of enactment of this
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1 Act, including authorities relating to the negotiation of re2 organization plans and the election to receive tribal shares.

3 In any case in which an Indian tribe exercises an authority

4 pursuant to the preceding sentence, the timeframes set forth

5 in this title shall be calculated from the annual anniversary

6 date of the date of enactment of this Act.

7 SEC. 114. DISCLOSURE OF INFORMATION.

8 (a) IN GENERAL.—Upon entering into negotiations re9 quired under sections 101, 102, and 103, and in a timely

10 manner throughout that negotiation process, the Secretary

11 shall provide to Indian tribes the budgetary, structural, ad12 ministrative, and legal information that is necessary for the

13 negotiated reorganization of the agency offices, area offices,

14 and central office.

15 (b) TECHNICAL ASSISTANCE.—Upon the request of an

16 Indian tribe, the Secretary shall provide such technical as17 sistance as may be required to interpret the information

18 provided under subsection (a).
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1 TITLE II—AMENDMENT TO THE

2 INDIAN SELF-DETERMINA3 TION AND EDUCATION AS4 SISTANCE ACT

5 SEC. 201. BUDGET DEVELOPMENT.

6 The Indian Self-Determination and Education Assist7 ance Act (25 U.S.C. 450 et seq.) is amended by adding at

8 the end the following new title:

9 ‘‘TITLE V—BUDGET

10 DEVELOPMENT

11 ‘‘SEC. 501. PARTICIPATION OF INDIAN TRIBES IN THE DE12 VELOPMENT OF BUDGET REQUESTS.

13 ‘‘(a) BUDGET REQUESTS FOR THE BUREAU OF INDIAN

14 AFFAIRS.—Notwithstanding any other provision of law, not

15 later than 120 days after the date of enactment of this title,

16 the Secretary of the Interior shall establish a program—

17 ‘‘(1) to provide information to Indian tribes con18 cerning the development of budget requests for the Bu19 reau of Indian Affairs that are submitted to the

20 President by the Secretary of the Interior for inclu21 sion in the annual budget of the President submitted

22 to the Congress pursuant to section 1108 of title 31,

23 United States Code; and

24 ‘‘(2) to ensure, to the maximum extent prac25 ticable, the participation by each Indian tribe in the
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1 development of the budget requests referred to in para2 graph (1).

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

4 SERVICE.—Notwithstanding any other provision of law, not

5 later than 120 days after the date of enactment of this title,

6 the Secretary of Health and Human Services shall establish

7 a program—

8 ‘‘(1) to provide information to Indian tribes con9 cerning the development of budget requests by the Sec10 retary of Health and Human Services for the Indian

11 Health Service that are submitted to the President by

12 the Secretary of Health and Human Services for in13 clusion in the annual budget referred to in subsection

14 (a)(1); and

15 ‘‘(2) to ensure, to the maximum extent prac16 ticable, the participation by each Indian tribe in the

17 development of the budget requests referred to in para18 graph (1).

19 ‘‘(c) REQUIREMENTS FOR PROGRAMS.—

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

21 under this section shall, to the maximum extent prac22 ticable—

23 ‘‘(A) provide for the estimation of—
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1 ‘‘(i) the funds authorized to be appro2 priated on an annual basis for the benefit

3 of Indian tribes; and

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

5 of the funds described in clause (i) that will

6 be provided for the benefit of the Indian

7 tribe;

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

9 ‘‘(i) the opportunity to establish prior10 ities for using the estimated funds described

11 in subparagraph (A)(ii); and

12 ‘‘(ii) the authority and flexibility to

13 design tribal and Federal programs that re14 ceive Federal funds to best meet the needs of

15 the community served by the Indian tribe;

16 and

17 ‘‘(C) provide for the collection and dissemi18 nation of information that is necessary for effec19 tive planning, evaluation, and reporting by the

20 Secretary of the Interior or the Secretary of

21 Health and Human Services and Indian tribes

22 concerning the comparative social and public

23 health conditions of Indian communities (as de24 fined and determined by the Secretary of the In-
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1 terior and the Secretary of Health and Human

2 Services) at local, regional, and national levels.

3 ‘‘(2) DUTIES OF THE SECRETARIES.—In carry4 ing out the programs established under this section,

5 the Secretary of the Interior and the Secretary of

6 Health and Human Services shall—

7 ‘‘(A) use any information provided by In8 dian tribes concerning the priorities referred to

9 in paragraph (1)(B);

10 ‘‘(B) support the creation of stable recur11 ring base funding (as defined and determined by

12 each such Secretary) for each Indian tribe;

13 ‘‘(C) seek to maintain stability in the plan14 ning and allocation of the amounts provided for

15 in the budget of the Bureau of Indian Affairs

16 and the Indian Health Service for Indian tribes;

17 and

18 ‘‘(D) assess the Federal programs or assist19 ance provided to each Indian tribe to deter20 mine—

21 ‘‘(i) the relative need for providing

22 Federal funds to carry out each such pro23 gram; and
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1 ‘‘(ii) the amount of recurring base

2 funding available to each Indian tribe to

3 carry out each such program.

4 ‘‘(3) CONTRACTS, GRANTS, AND ANNUAL FUNDING

5 AGREEMENTS.—To provide, to the maximum extent

6 practicable, for the full participation by the governing

7 bodies of Indian tribes on an effective government-to8 government basis in carrying out the collection and

9 sharing of information under this section, the Sec10 retary of the Interior or the Secretary of Health and

11 Human Services may—

12 ‘‘(A) enter into a self-determination con13 tract with an Indian tribe or make a grant to

14 an Indian tribe pursuant to section 102 or 103;

15 ‘‘(B) with respect to the Secretary of Health

16 and Human Services, enter into a funding

17 agreement with a participating Indian tribe

18 pursuant to title III; and

19 ‘‘(C) with respect to the Secretary of the In20 terior, enter into a funding agreement with a

21 participating Indian tribe pursuant to title IV.

22 ‘‘SEC. 502. ASSESSMENT METHODOLOGY.

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

24 date of enactment of this title, the Secretary shall, in co25 operation with Indian tribes, and in accordance with the
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1 negotiated rulemaking procedures under subchapter III of

2 chapter 5 of title 5, United States Code (as in effect on

3 the date of enactment of this title), promulgate standardized

4 assessment methodologies to be used in carrying out any

5 budget determination for the Bureau concerning the levels

6 of funding that are necessary to fund each program area

7 (as defined and determined by the Secretary) of the Bureau.

8 ‘‘(b) PARTICIPATION BY INDIAN TRIBES.—In carrying

9 out subsection (a), the Secretary shall take such action as

10 may be necessary to ensure, to the maximum extent prac11 ticable, the direct and active participation of Indian tribes

12 at the local, regional, and national levels in the negotiated

13 rulemaking process specified in subchapter III of chapter

14 5 of title 5, United States Code.

15 ‘‘(c) COMMITTEE.—

16 ‘‘(1) COMPOSITION.—The negotiated rulemaking

17 committee established pursuant to the requirements of

18 section 565 of title 5, United States Code (as in effect

19 on the date of enactment of this title), to carry out

20 subsection (a) shall only be comprised of—

21 ‘‘(A) individuals who represent the Federal

22 Government; and

23 ‘‘(B) individuals who represent Indian

24 tribes.
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1 ‘‘(2) REPRESENTATION BY INDIAN TRIBES.—A

2 majority of the members of the committee referred to

3 in paragraph (1) shall be individuals who represent

4 Indian tribes.

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

6 shall adapt the negotiated rulemaking procedures carried

7 out under this section in the same manner as the Secretary

8 adapts, in accordance with section 407(c), the procedures

9 carried out pursuant to section 407.

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

11 ‘‘At the earliest practicable date after the date of pro12 mulgation of the regulations under section 502 on which

13 the Secretary of the Interior submits a budget request to

14 the President for inclusion in the annual budget of the

15 President submitted to the Congress pursuant to section

16 1108 of title 31, United States Code, and annually there17 after, the Secretary shall prepare and submit to the Presi18 dent for inclusion in the annual budget submitted to the

19 Congress, a report that—

20 ‘‘(1) describes the standardized methodologies

21 that are the subject of the regulations promulgated

22 pursuant to section 502; and

23 ‘‘(2) includes—

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

25 of Indian Affairs, an assessment of the level of
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1 funding that is necessary to fund the program

2 area; and

3 ‘‘(B) for each Indian tribe served by a pro4 gram area referred to in paragraph (2)—

5 ‘‘(i) an assessment of the level of fund6 ing that is necessary for each Indian tribe

7 served by the program area;

8 ‘‘(ii) the total amount of funding nec9 essary to cover all program areas with re10 spect to which the tribe receives services (as

11 determined by taking the aggregate of the

12 applicable amounts determined under para13 graph (3)); and

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

15 area with respect to which the Indian tribe

16 receives service, of the amount determined

17 under clause (ii).

18 ‘‘SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

19 ‘‘There are authorized to be appropriated such sums

20 as may be necessary to carry out this title.’’.
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1 TITLE III—REFORM OF THE REG2 ULATIONS OF THE BUREAU

3 OF INDIAN AFFAIRS

4 SEC. 301. BIA MANUAL.

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

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

7 (1) conduct a review of all provisions of the BIA

8 Manual;

9 (2) promulgate as proposed regulations those

10 provisions of the BIA Manual that the Secretary

11 deems necessary for the efficient implementation of

12 the Federal functions retained by the Bureau under

13 the reorganization compacts authorized by this Act;

14 and

15 (3) revoke all provisions of the BIA Manual that

16 are not promulgated as proposed regulations under

17 paragraph (2).

18 (b) CONSULTATION WITH INDIAN TRIBES.—In carry19 ing out subsection (a), the Secretary shall, to the maximum

20 extent practicable, consult with Indian tribes in such man21 ner as to provide for the full participation of Indian tribes.

22 SEC. 302. TASK FORCE.

23 (a) ESTABLISHMENT OF TASK FORCE.—

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

25 the date of enactment of this Act, the Secretary shall
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1 establish a task force on regulatory reform (hereafter

2 in this section referred to as the ‘‘task force’’).

3 (2) DUTIES.—The task force shall—

4 (A) review the regulations under title 25,

5 Code of Federal Regulations; and

6 (B) make recommendations concerning the

7 revision of the regulations.

8 (3) MEMBERSHIP.—The task force shall be com9 posed of 16 members, appointed by the Secretary, in10 cluding 12 members who are representatives of Indian

11 tribes from each of the 12 areas served by area offices.

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

13 after the date on which all members of the task force

14 have been appointed, the task force shall hold its first

15 meeting.

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

17 call of the Chairperson.

18 (6) QUORUM.—A majority of the members of the

19 task force shall constitute a quorum, but a lesser

20 number of members may hold hearings.

21 (7) CHAIRPERSON.—The task force shall select a

22 Chairperson from among its members.

23 (b) REPORTS.—
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1 (1) REPORTS TO SECRETARY.—The task force

2 shall submit to the Secretary such reports as the Sec3 retary determines to be appropriate.

4 (2) REPORT TO THE CONGRESS AND TO INDIAN

5 TRIBES.—In addition to submitting the reports de6 scribed in paragraph (1), not later than 120 days

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

8 and submit to the Congress and to the governing body

9 of each Indian tribe, a report that includes—

10 (A) the findings of the task force concerning

11 the review conducted pursuant to subsection

12 (a)(2)(A); and

13 (B) the recommendations described in sub14 section (a)(2)(B).

15 (c) POWERS OF THE TASK FORCE.—

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

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

18 such testimony, and receive such evidence as the task

19 force considers advisable to carry out the duties of the

20 task force specified in subsection (a)(2).

21 (2) INFORMATION FROM FEDERAL AGENCIES.—

22 The task force may secure directly from any Federal

23 department or agency such information as the task

24 force considers necessary to carry out the duties of the

25 task force specified in subsection (a)(2).
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1 (3) POSTAL SERVICES.—The task force may use

2 the United States mails in the same manner and

3 under the same conditions as other departments and

4 agencies of the Federal Government.

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

6 dispose of gifts or donations of services or property.

7 (d) TASK FORCE PERSONNEL MATTERS.—

8 (1) COMPENSATION OF MEMBERS.—Members of

9 the task force who are not officers or employees of the

10 Federal Government shall serve without compensa11 tion, except for travel expenses, as provided under

12 paragraph (2). Members of the task force who are offi13 cers or employees of the United States shall serve

14 without compensation in addition to that received for

15 their services as officers or employees of the United

16 States.

17 (2) TRAVEL EXPENSES.—The members of the

18 task force shall be allowed travel expenses, including

19 per diem in lieu of subsistence, at rates authorized for

20 employees of agencies under subchapter I of chapter

21 57 of title 5, United States Code, while away from

22 their homes or regular places of business in the per23 formance of services for the task force.

24 (3) STAFF.—
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1 (A) IN GENERAL.—The Chairperson of the

2 task force may, without regard to the civil serv3 ice laws, appoint and terminate such personnel

4 as may be necessary to enable the task force to

5 perform its duties.

6 (B) PROCUREMENT OF TEMPORARY AND

7 INTERMITTENT SERVICES.—The Chairperson of

8 the task force may procure temporary and inter9 mittent service under section 3109(b) of title 5,

10 United States Code, at rates for individuals that

11 do not exceed the daily equivalent of the annual

12 rate of basic pay prescribed under GS–13 of the

13 General Schedule established under section 5332

14 of title 5, United States Code.

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

16 shall terminate 30 days after the date on which the task

17 force submits its reports to the Congress and to Indian

18 tribes under subsection (b)(2).

19 (f) EXEMPTION FROM FEDERAL ADVISORY COMMIT20 TEE ACT.—All of the activities of the task force conducted

21 under this title shall be exempt from the Federal Advisory

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

23 (g) PROHIBITION.—Beginning on the date of enact24 ment of this Act, no provision of any internal manual or

25 handbook or other written procedure purporting to govern
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1 the conduct of the Department in relation to Indian tribes

2 shall be binding upon any Indian tribe unless that provi3 sion has been promulgated as a final regulation in accord4 ance with applicable Federal law.

5 SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

6 There are authorized to be appropriated such sums as

7 may be necessary to carry out this title.

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Calendar No. 329

104TH CONGRESS

2D SESSION S. 814

[Report No. 104–227]

A BILL

To provide for the reorganization of the Bureau of

Indian Affairs, and for other purposes.

JANUARY 26, 1996

Reported with an amendment