II

104TH CONGRESS

1ST SESSION S. 814

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, and Mr. DOMENICI) introduced the

following bill; which was read twice and referred to the Committee on Indian Affairs

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’’.

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

8 this Act is as follows:

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

TITLE I—REORGANIZATION COMPACTS
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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.

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

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

4 means 1 of the 12 area offices of the Bureau of In5 dian Affairs.

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

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

8 office negotiated by the Secretary and Indian tribes

9 pursuant to section 101.

10 (3) AGENCY OFFICE.—The term ‘‘agency of11 fice’’ means an agency office of the Bureau of In12 dian Affairs.

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

14 office plan’’ means a plan for the reorganization of
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1 an agency office negotiated by the Secretary and In2 dian tribes pursuant to section 102.

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

4 means the most recent edition of the Bureau of In5 dian Affairs Manual issued by the Department of

6 the Interior.

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

8 Bureau of Indian Affairs.

9 (7) CENTRAL OFFICE.—The term ‘‘central of10 fice’’ means the central office of the Bureau, that is

11 housed in the offices of the Department in Washing12 ton, D.C. and in Albuquerque, New Mexico.

13 (8) CENTRAL OFFICE PLAN.—The term

14 ‘‘central office plan’’ means the plan for the reorga15 nization of the central office negotiated by the Sec16 retary and Indian tribes pursuant to section 103.

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

18 means the Department of the Interior.

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

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

21 area office.

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

23 any duty, obligation, power, authority, responsibility,

24 right, privilege, activity, or program.
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1 (12) INDIAN TRIBE.—The term ‘‘Indian tribe’’

2 has the same meaning as in section 4(e) of the In3 dian Self-Determination and Education Assistance

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

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

6 means the Secretary of the Interior.

7 (14) SUPERINTENDENT.—The term ‘‘Super8 intendent’’ means the Superintendent of an agency

9 office.

10 (15) TRIBAL PRIORITY ALLOCATION AC11 COUNT.—The term ‘‘tribal priority allocation ac12 count’’, means an account so designated by the Bu13 reau, with respect to which program priorities and

14 funding levels are established by individual Indian

15 tribes.

16 (16) TRIBAL RECURRING BASE FUNDING.—The

17 term ‘‘tribal recurring base funding’’ means recur18 ring base funding (as defined and determined by the

19 Secretary) for the tribal priority allocation accounts

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

21 TITLE I—REORGANIZATION

22 COMPACTS

23 SEC. 101. REORGANIZATION OF AREA OFFICES.

24 (a) IN GENERAL.—Notwithstanding any other provi25 sion of law, not later than 120 days after the date of en-
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1 actment of this Act, the Secretary shall enter into negotia2 tions with the Indian tribes served by each area office to

3 prepare a reorganization plan for the area office.

4 (b) CONTENTS OF AREA OFFICE PLANS.—

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

6 prepared pursuant to this subsection shall provide

7 for the organization of the area office covered under

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

9 tribes served by the area office do not exercise the

10 option to maintain current organizational structures,

11 functions, or funding priorities pursuant to para12 graph (2), the reorganization plan shall provide,

13 with respect to the area office covered under the

14 plan, for—

15 (A) the reorganization of the administra16 tive 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;

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 area office;
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1 (F) the issuance of waivers or other au2 thorities by the Secretary so that functions and

3 other responsibilities of the Secretary may be

4 carried out by the area office or transferred to

5 Indian tribes;

6 (G) the promulgation of revised regulations

7 relating to the functions of the area office that

8 are performed by the area office or transferred

9 to 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 area office, of unexpended bal15 ances of appropriations and other Federal

16 funds made available to the area office in con17 nection with any function transferred to Indian

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

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

20 may include, for each Indian tribe served by the area

21 office, a determination of the share of the Indian

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

23 out programs, services, functions and activities of

24 the tribe (referred to in this subsection as the ‘‘trib25 al share’’).
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1 (3) OPTION OF MAINTENANCE OF CURRENT

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

3 tribes served by an area office, a reorganization plan

4 may provide for the continuation of organizational

5 structures, functions, or funding priorities of the

6 area office that are substantially similar to those in

7 effect at the time of the development of the area of8 fice plan.

9 (4) APPROVAL OF AREA OFFICE PLAN BY IN10 DIAN TRIBES.—Upon completion of the negotiation

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

12 plan to the Indian tribes served by the area office

13 for approval. If a majority of the Indian tribes ap14 prove the area office plan by a tribal resolution pur15 suant to the applicable procedures established by the

16 Indian tribes, the Secretary shall enter into a reor17 ganization compact pursuant to subsection (c).

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

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

20 elects to develop a reorganization plan for the area

21 office, the Secretary shall enter into negotiations

22 with the tribe to prepare a reorganization plan for

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

24 on which a reorganization plan referred to in the

25 preceding sentence is approved by the Indian tribe,
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1 the Secretary shall enter into a reorganization com2 pact with the tribe to carry out the area office plan.

3 (6) OPTION TO TAKE TRIBAL SHARE.—

4 (A) IN GENERAL.—If a majority of the In5 dian tribes served by an area office fail to ap6 prove an area office plan, an Indian tribe may

7 elect to receive directly the tribal share of the

8 Indian tribe.

9 (B) DETERMINATION OF TRIBAL SHARE.—

10 If an Indian tribe elects to receive a tribal share

11 under subparagraph (A), the Secretary shall

12 enter into negotiations with the Indian tribe to

13 determine the tribal share of the Indian tribe.

14 (C) AGREEMENT.—Upon the determina15 tion of a tribal share of an Indian tribe under

16 subparagraph (B), the Secretary shall enter

17 into an agreement with the Indian tribe for

18 transferring directly to the Indian tribe an

19 amount equal to the tribal share. The agree20 ment shall include—

21 (i) a determination of the amount of

22 residual Federal funds to be retained by

23 the Secretary for the area office; and

24 (ii) the responsibilities of—

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

2 (c) AREA OFFICE REORGANIZATION COMPACT.—

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

4 the date on which a majority of the Indian tribes

5 served by the area office that is the subject of a re6 organization plan have approved the plan pursuant

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

8 an area office reorganization compact with the In9 dian tribes to carry out the area office plan (referred

10 to in this subsection as the ‘‘area office reorganiza11 tion compact’’). The Secretary may not implement

12 the area office plan until such time as the Indian

13 tribes have entered into an area office reorganization

14 compact with the Secretary pursuant to this para15 graph. If the Indian tribes do not enter into an area

16 office reorganization compact with the Secretary

17 pursuant to this paragraph, the organizational struc18 ture, functions, and funding priorities of the area of19 fice in effect at the time of the development of the

20 area office plan shall remain in effect.

21 (2) PROHIBITION AGAINST CERTAIN LIMITA22 TIONS.—With respect to an Indian tribe that is not

23 a party to an area office reorganization compact en24 tered into by the Secretary under this subsection,

25 nothing in this section may limit or reduce the level
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1 of any service or funding that the Indian tribe is en2 titled to pursuant to applicable Federal law (includ3 ing any contract that the Indian tribe is entitled to

4 enter into pursuant to applicable Federal law).

5 SEC. 102. REORGANIZATION OF AGENCY OFFICES.

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, not later than 120 days after the date of en8 actment of this Act, the Secretary, acting through the Su9 perintendent (or a designee of the Superintendent) of each

10 agency office, shall enter into negotiations with the Indian

11 tribes served by each agency office to prepare an agency

12 office plan for each agency office.

13 (b) CONTENTS OF AGENCY OFFICE PLANS.—

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

15 is prepared by the Secretary pursuant to this sub16 section shall provide for the organization of the

17 agency office covered under the plan. To the extent

18 that the majority of Indian tribes served by the

19 agency office do not exercise the option to maintain

20 current organizational structures, functions, or fund21 ing priorities pursuant to paragraph (2), the agency

22 office plan shall provide, with respect to the agency

23 office covered under the agency office plan, for—

24 (A) the reorganization of the administra25 tive structure of the agency office;
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1 (B) the reallocation of personnel (including

2 determinations of office size and functions);

3 (C) the delegation of authority of the Sec4 retary to the Superintendent;

5 (D) transfers of functions;

6 (E) the specification of functions—

7 (i) retained by the Bureau; or

8 (ii) transferred to Indian tribes served

9 by the agency office;

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 agency office or transferred

14 to Indian tribes;

15 (G) the promulgation of revised regulations

16 relating to the functions of the agency office

17 that are carried by the agency office or trans18 ferred to Indian tribes;

19 (H) the reordering of funding priorities;

20 and

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

22 recurring base funding for each Indian tribe

23 served by the agency office, of unexpended bal24 ances of appropriations and other Federal

25 funds made available to the agency office in
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1 connection with any function transferred to In2 dian tribes pursuant to subparagraph (E)(ii).

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

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

5 agency office, a determination of the share of the In6 dian tribe of the funds used by the agency office to

7 carry out programs, services, functions and activities

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

9 ‘‘tribal share’’).

10 (3) OPTION OF MAINTENANCE OF CURRENT

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

12 tribes served by an agency office, an agency office

13 plan may provide for the continuation of organiza14 tional structures, functions, or funding priorities of

15 the agency office that are substantially similar to

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

17 agency office plan.

18 (4) APPROVAL OF AGENCY OFFICE PLAN BY IN19 DIAN TRIBES.—Upon completion of the negotiation

20 of an agency office plan, the Secretary shall submit

21 the agency office plan to the Indian tribes served by

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

23 Indian tribes approve the agency office plan by a

24 tribal resolution pursuant to the applicable proce25 dures established by the Indian tribes, the Secretary
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1 shall enter into a reorganization compact pursuant

2 to subsection (c).

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

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

5 tribe elects to develop a reorganization plan for the

6 agency office, the Secretary shall enter into negotia7 tions with the tribe to prepare a reorganization plan

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

9 the date on which a reorganization plan referred to

10 in the preceding sentence is approved by the Indian

11 tribe, the Secretary shall enter into a reorganization

12 compact with the tribe to carry out the agency office

13 plan.

14 (6) OPTION TO TAKE TRIBAL SHARE.—

15 (A) IN GENERAL.—If a majority of the In16 dian tribes served by an agency office fail to ap17 prove an agency office plan, an Indian tribe

18 may elect to receive directly the tribal share of

19 the Indian tribe.

20 (B) DETERMINATION OF TRIBAL SHARE.—

21 If an Indian tribe elects to receive a tribal share

22 under subparagraph (A), the Secretary shall

23 enter into negotiations with the Indian tribe to

24 determine the tribal share of the Indian tribe.
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1 (C) AGREEMENT.—Upon the determina2 tion of a tribal share of an Indian tribe under

3 subparagraph (B), the Secretary shall enter

4 into an agreement with the Indian tribe for

5 transferring directly to the Indian tribe an

6 amount equal to the tribal share. The agree7 ment shall include—

8 (i) a determination of the amount of

9 residual Federal funds to be retained by

10 the Secretary for the agency office; and

11 (ii) the responsibilities of—

12 (I) the agency office; and

13 (II) the Indian tribe.

14 (c) AGENCY OFFICE REORGANIZATION COMPACTS.—

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

16 the date on which a majority of the Indian tribes

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

18 agency office plan have approved the agency office

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

20 shall enter into a reorganization compact with the

21 Indian tribes to carry out the agency office plan (re22 ferred to in this subsection as the ‘‘agency office re23 organization compact’’). The Secretary may not im24 plement the agency office plan until such time as the

25 Indian tribes have entered into an agency office re-
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1 organization compact with the Secretary pursuant to

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

3 an agency office reorganization compact with the

4 Secretary pursuant to this paragraph, the organiza5 tional structure, functions, and funding priorities of

6 the agency office in effect at the time of the develop7 ment of the agency office plan shall remain in effect.

8 (2) PROHIBITION AGAINST CERTAIN LIMITA9 TIONS.—With respect to an Indian tribe that is not

10 a party to an agency office reorganization compact

11 entered into under this subsection, nothing in this

12 section may limit or reduce the level of any service

13 or funding that the Indian tribe is entitled to pursu14 ant to applicable Federal law (including any contract

15 that the Indian tribe is entitled to enter into pursu16 ant to applicable Federal law).

17 (3) COORDINATION WITH AREA OFFICE

18 PLANS.—Each agency office reorganization compact

19 entered into by the Secretary under this subsection

20 shall specify that in the event that the Secretary de21 termines that the agency office reorganization com22 pact is inconsistent with an area office reorganiza23 tion compact entered into under section 101(c), the

24 Secretary, in consultation with the Indian tribes that

25 are parties to the compact, shall make such amend-
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1 ments to the agency office reorganization compact

2 entered into under this subsection as are necessary

3 to ensure consistency with the applicable area office

4 plan.

5 SEC. 103. REORGANIZATION OF CENTRAL OFFICE.

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, not later than 120 days after the date of en8 actment of this Act, the Secretary shall enter into negotia9 tions with Indian tribes to develop a central office plan.

10 In developing the plan, the Secretary shall enter into nego11 tiations on an area-by-area basis with a representative

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

13 the appropriate allocation of personnel and funding made

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

15 offices and Indian tribes in each area office.

16 (b) CONTENT OF CENTRAL OFFICE PLAN.—

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

18 provide for determinations by the Secretary, on the

19 basis of the negotiations described in subparagraph

20 (a), concerning—

21 (A) which portion of the funds made avail22 able to the Secretary for the central office

23 shall—

24 (i) be used to support the area and

25 agency offices in each area; and
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1 (ii) be considered excess funds that

2 may be allocated directly to Indian tribes

3 in each area pursuant to a formula devel4 oped pursuant to paragraph (2)(J); and

5 (B) the allocation of the personnel of the

6 central office to provide support to the area and

7 agency offices.

8 (2) REALLOCATION OF FUNDS AND PERSON9 NEL.—In developing the central office plan, to the

10 extent that the Secretary and the Indian tribes do

11 not exercise the option to maintain current organiza12 tional structures, functions, or funding priorities, the

13 central office plan shall provide, to the extent nec14 essary to accommodate the determinations made

15 under paragraph (1), for—

16 (A) the reorganization of the administra17 tive structure of the central office;

18 (B) the reallocation of personnel (including

19 determinations of office size and functions);

20 (C) the delegation of authority of the Sec21 retary carried out through the central office to

22 the Directors, Superintendents, or Indian

23 tribes;

24 (D) transfers of functions;

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

2 (ii) transferred to area offices, agency

3 offices or Indian tribes;

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

6 other responsibilities of the Secretary may be

7 carried out by the central office or transferred

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

9 (G) the promulgation of revised regulations

10 relating to the functions of the central office

11 that are carried by the central office or trans12 ferred to area offices, agency offices, or Indian

13 tribes;

14 (H) the reordering of funding priorities;

15 (I) allocation formulas to provide for the

16 remaining services to be provided to the area

17 and agency offices and Indian tribes by the

18 central office; and

19 (J) with respect to the allocation of funds

20 to the area and agency offices and Indian tribes

21 in each area, a formula, negotiated with the

22 tribal representatives identified in subsection

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

24 portion of excess funds described in paragraph

25 (1)(A)(ii).
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1 (c) CENTRAL OFFICE REORGANIZATION COM2 PACTS.—

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

4 the Secretary develops a central office plan pursuant

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

6 office, enter into a central office reorganization com7 pact with the Indian tribes in that area to imple8 ment the central office plan (referred to in this sub9 section as the ‘‘central office reorganization com10 pact’’). The Secretary may not implement the com11 ponent of a central office plan relating to an area

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

13 that area have entered into a central office reorga14 nization compact. If a majority of the Indian tribes

15 in an area do not enter into a central reorganization

16 compact with the Secretary pursuant to this para17 graph, the organizational structure, functions, and

18 funding priorities of the central office relating to the

19 area and agency offices and Indian tribes in that

20 area and in effect at the time of the development of

21 the central office plan shall remain in effect.

22 (2) COORDINATION WITH AREA AND AGENCY

23 OFFICE PLANS.—Each central office reorganization

24 compact entered into by the Secretary under this

25 subsection shall specify that in the event the Sec-
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1 retary determines that a central office reorganiza2 tion compact is inconsistent with a related area of3 fice reorganization compact entered into under sec4 tion 101(c) or a related agency office reorganization

5 compact entered into under section 102(c), the Sec6 retary, in consultation with the Indian tribes that

7 are parties to the central office reorganization com8 pact, shall amend the compact to make such modi9 fications as are necessary to ensure consistency with

10 the applicable area or agency office plan.

11 SEC. 104. SAVINGS PROVISIONS.

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

13 regulations, permits, agreements, grants, contracts, cer14 tificates, licenses, registrations, privileges, and other ad15 ministrative actions—

16 (1) that have been issued, made, granted, or al17 lowed to become effective by the President, any Fed18 eral agency or official thereof, or by a court of com19 petent jurisdiction, in the performance of any func20 tion that is transferred to Indian tribes pursuant to

21 a reorganization compact that the Secretary enters

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

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

24 reorganization compact, or were final before the ef-
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1 fective date of the reorganization compact and are to

2 become effective on or after such date;

3 shall continue in effect according to their terms until

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

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

6 other authorized official, a court of competent jurisdiction,

7 or by operation of law.

8 (b) PROCEEDINGS NOT AFFECTED.—

9 (1) IN GENERAL.—The provisions of a reorga10 nization compact that the Secretary enters into pur11 suant to section 101, 102, or 103 shall not affect

12 any proceedings, including notices of proposed rule13 making, or any application for any license, permit,

14 certificate, or financial assistance pending before the

15 Bureau at the time the reorganization compact takes

16 effect, with respect to the functions transferred by

17 the reorganization compact.

18 (2) CONTINUATION OF PROCEEDINGS.—The

19 proceedings and applications referred to in para20 graph (1) shall be continued. Orders shall be issued

21 in such proceedings, appeals shall be taken from

22 such orders, and payments shall be made pursuant

23 to such orders, as if the compact had not been en24 tered into, and orders issued in any such proceed25 ings shall continue in effect until modified, termi-
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1 nated, superseded, or revoked by a duly authorized

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

3 operation of law.

4 (3) STATUTORY CONSTRUCTION.—Nothing in

5 this subsection shall be deemed to prohibit the dis6 continuance or modification of any such proceeding

7 under the same terms and conditions and to the

8 same extent that such proceeding could have been

9 discontinued or modified if this title had not been

10 enacted.

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

12 or other proceeding commenced by or against the Bureau

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

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

15 reason of the enactment of this title.

16 SEC. 105. ADDITIONAL CONFORMING AMENDMENTS.

17 (a) RECOMMENDED LEGISLATION.—After consulta18 tion with Indian tribes, the appropriate committees of the

19 Congress and the Director of the Office of Management

20 and Budget, the Secretary shall prepare and submit to the

21 Congress recommended legislation containing technical

22 and conforming amendments to reflect the changes made

23 pursuant to this title.

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

25 120 days after the effective date of this title, the Secretary
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1 shall submit to the Congress the recommended legislation

2 referred to in subsection (a).

3 SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

4 There are authorized to be appropriated such sums

5 as may be necessary to carry out this title.

6 SEC. 107. EFFECTIVE DATE.

7 This title shall take effect on the date of enactment

8 of this Act.

9 SEC. 108. SEPARABILITY.

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

11 person or circumstance is held invalid, neither the remain12 der of this title nor the application of the provision to

13 other persons or circumstances shall be affected.

14 SEC. 109. SUSPENSION OF CERTAIN ADMINISTRATIVE

15 ACTIONS.

16 (a) IN GENERAL.—Notwithstanding any other provi17 sion of law, during the 2-year period beginning on the date

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

19 implementation of all administrative activities that affect

20 the Bureau of Indian Affairs associated with reinventing

21 government, national performance review, or other

22 downsizing initiatives.

23 (b) CONSIDERATION OF COMPACTS.—During the pe24 riod specified in subsection (a), the reorganization com25 pacts entered into under this title shall be deemed to sat-
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1 isfy the goals of the initiatives referred to in subsection

2 (a).

3 SEC. 110. STATUTORY CONSTRUCTION.

4 Nothing in this title may be construed to alter or di5 minish the Federal trust responsibility to Indian tribes,

6 individual Indians, or Indians with trust allotments.

7 TITLE II—AMENDMENT TO THE

8 INDIAN SELF-DETERMINA9 TION ACT

10 SEC. 201. BUDGET DEVELOPMENT.

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

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

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

14 new title:

15 ‘‘TITLE V—BUDGET

16 DEVELOPMENT

17 ‘‘SEC. 501. PARTICIPATION OF INDIAN TRIBES IN THE DE18 VELOPMENT OF BUDGET REQUESTS.

19 ‘‘(a) BUDGET REQUESTS FOR THE BUREAU OF IN20 DIAN AFFAIRS.—Notwithstanding any other provision of

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

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

23 a program—

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

25 concerning the development of budget requests for
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1 the Bureau of Indian Affairs that are submitted to

2 the President by the Secretary of the Interior for in3 clusion in the annual budget of the President sub4 mitted to the Congress pursuant to section 1108 of

5 title 31, United States Code; and

6 ‘‘(2) to ensure, to the maximum extent prac7 ticable, the participation by each Indian tribe in the

8 development of the budget requests referred to in

9 paragraph (1).

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

11 SERVICE.—Notwithstanding any other provision of law,

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

13 this title, the Secretary of Health and Human Services

14 shall establish a program—

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

16 concerning the development of budget requests by

17 the Secretary of Health and Human Services for the

18 Indian Health Service that are submitted to the

19 President by the Secretary for inclusion in the an20 nual budget referred to in subsection (a)(1); and

21 ‘‘(2) to ensure, to the maximum extent prac22 ticable, the participation by each Indian tribe in the

23 development of the budget requests referred to in

24 paragraph (1).

25 ‘‘(c) REQUIREMENTS FOR PROGRAMS.—
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1 ‘‘(1) IN GENERAL.—Each program established

2 under this section shall, to the maximum extent

3 practicable—

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

5 ‘‘(i) the funds authorized to be appro6 priated on an annual basis for the benefit

7 of Indian tribes; and

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

9 of the funds described in clause (i) that

10 will be provided for the benefit of the In11 dian tribe;

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

13 ‘‘(i) the opportunity to establish prior14 ities for using the estimated funds de15 scribed in subparagraph (A)(ii); and

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

17 and Federal programs that receive Federal

18 funds to best meet the needs of the com19 munity served by the Indian tribe; and

20 ‘‘(C) provide for the collection and dissemi21 nation of information that is necessary for ef22 fective planning, evaluation, and reporting by

23 the Secretary of the Interior or the Secretary of

24 Health and Human Services and Indian tribes

25 concerning the comparative social and public
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1 health conditions of Indian communities (as de2 fined and determined by the Secretary of the

3 Interior and the Secretary of Health and

4 Human Services) at local, regional, and na5 tional levels.

6 ‘‘(2) DUTIES OF THE SECRETARIES.—In carry7 ing out the programs established under this section,

8 the Secretary of the Interior and the Secretary of

9 Health and Human Services shall—

10 ‘‘(A) use any information provided by In11 dian tribes concerning the priorities referred to

12 in paragraph (1)(B);

13 ‘‘(B) support the creation of stable recur14 ring base funding (as defined and determined

15 by each such Secretary) for each Indian tribe;

16 ‘‘(C) seek to maintain stability in the plan17 ning and allocation of the amounts provided for

18 in the budget of the Bureau of Indian Affairs

19 and the Indian Health Service for Indian tribes;

20 and

21 ‘‘(D) assess the Federal programs or as22 sistance provided to each Indian tribe to deter23 mine—
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1 ‘‘(i) the relative need for providing

2 Federal funds to carry out each such pro3 gram; and

4 ‘‘(ii) the amount of recurring base

5 funding available to each Indian tribe to

6 carry out each such program.

7 ‘‘(3) CONTRACTS, GRANTS, AND ANNUAL FUND8 ING AGREEMENTS.—To provide, to the maximum ex9 tent practicable, for the full participation by the gov10 erning bodies of Indian tribes on an effective govern11 ment-to-government basis in carrying out the collec12 tion and sharing of information under this section,

13 the Secretary of the Interior or the Secretary of

14 Health and Human Services may—

15 ‘‘(A) enter into a self-determination con16 tract with an Indian tribe or make a grant to

17 an Indian tribe pursuant to section 102 or 103;

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

19 Health and Human Services, enter into a fund20 ing agreement with a participating Indian tribe

21 pursuant to title III; and

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

23 Interior, enter into a funding agreement with a

24 participating Indian tribe pursuant to title IV.
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1 ‘‘SEC. 502. ASSESSMENT METHODOLOGY.

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

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

4 in cooperation with Indian tribes, and in accordance with

5 the negotiated rulemaking procedures under subchapter

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

7 standardized assessment methodologies to be used in car8 rying out any budget determination for the Bureau of In9 dian Affairs concerning the levels of funding that are nec10 essary to fund each program area (as defined and deter11 mined by the Secretary) of the Bureau.

12 ‘‘(b) PARTICIPATION BY INDIAN TRIBES.—In carry13 ing out subsection (a), the Secretary shall take such action

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

15 practicable, the direct and active participation of Indian

16 tribes at the local, regional, and national levels in the ne17 gotiated rulemaking process specified in subchapter III of

18 chapter 5 of title 5, United States Code.

19 ‘‘(c) COMMITTEE.—

20 ‘‘(1) COMPOSITION.—The negotiated rule21 making committee established pursuant to section

22 565 of title 5, United States Code, to carry out sub23 section (a) shall only be comprised of—

24 ‘‘(A) individuals who represent the Federal

25 Government; and
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1 ‘‘(B) individuals who represent Indian

2 tribes.

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

4 majority of the members of the committee referred

5 to in paragraph (1) shall be individuals who rep6 resent Indian tribes.

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

8 shall adapt the negotiated rulemaking procedures carried

9 out under this section in the same manner as the Sec10 retary adapts, in accordance with section 407(c), the pro11 cedures carried out pursuant to section 407.

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

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

14 the earliest date after the date of promulgation of the reg15 ulations under section 502 on which the Secretary of the

16 Interior submits a budget request to the President for in17 clusion in the annual budget of the President submitted

18 to the Congress pursuant to section 1108 of title 31, Unit19 ed States Code, and annually thereafter, the Secretary

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

21 ‘‘(1) describes the standardized methodologies

22 that are the subject of the regulations promulgated

23 pursuant to section 502; and

24 ‘‘(2) includes—
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1 ‘‘(A) for each program area of the Bureau

2 of Indian Affairs, an assessment of the level of

3 funding that is necessary to fund the program

4 area; and

5 ‘‘(B) for each Indian tribe served by a pro6 gram area referred to in paragraph (2)—

7 ‘‘(i) an assessment of the level of

8 funding that is necessary for each Indian

9 tribe served by the program area;

10 ‘‘(ii) the total amount of funding nec11 essary to cover all program areas with re12 spect to which the tribe receives services

13 (as determined by taking the aggregate of

14 the applicable amounts determined under

15 paragraph (3)); and

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

17 area with respect to which the Indian tribe

18 receives service, of the amount determined

19 under clause (ii).

20 ‘‘SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

21 ‘‘There are authorized to be appropriated such sums

22 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

8 BIA 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

16 that are not promulgated as proposed regulations

17 under paragraph (2).

18 (b) CONSULTATION WITH INDIAN TRIBES.—In car19 rying out subsection (a), the Secretary shall, to the maxi20 mum extent practicable, consult with Indian tribes in such

21 manner as to provide for the full participation of Indian

22 tribes.

23 SEC. 302. TASK FORCE.

24 (a) ESTABLISHMENT OF TASK FORCE.—
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1 (1) IN GENERAL.—Not later than 90 days after

2 the date of enactment of this Act, the Secretary

3 shall establish a task force on regulatory reform (re4 ferred to in this section as the ‘‘task force’’).

5 (2) DUTIES.—The task force shall—

6 (A) review the regulations under title 25,

7 Code of Federal Regulations; and

8 (B) make recommendations concerning the

9 revision of the regulations.

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

11 composed of 16 members, including 12 members

12 who are representatives of Indian tribes from each

13 of the 12 areas served by area offices.

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

15 after the date on which all members of the task

16 force have been appointed, the task force shall hold

17 its first meeting.

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

19 the call of the Chairperson.

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

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

22 number of members may hold hearings.

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

24 a Chairperson from among its members.

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

2 shall submit to the Secretary such reports as the

3 Secretary determines to be appropriate.

4 (2) REPORTS TO THE CONGRESS AND TO IN5 DIAN TRIBES.—In addition to submitting the reports

6 described 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

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

10 (A) the findings of the task force concern11 ing 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

19 task force considers advisable to carry out the duties

20 of the 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

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

2 use 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,

6 and dispose of gifts or donations of services or prop7 erty.

8 (d) TASK FORCE PERSONNEL MATTERS.—

9 (1) COMPENSATION OF MEMBERS.—Each mem10 ber of the task force who is not an officer or em11 ployee of the Federal Government shall be com12 pensated at a rate equal to the daily equivalent of

13 the annual rate of basic pay prescribed for level IV

14 of the Executive Schedule under section 5315 of title

15 5, United States Code, for each day (including travel

16 time) during which such member is engaged in the

17 performance of the duties of the task force. All

18 members of the task force who are officers or em19 ployees of the United States shall serve without com20 pensation in addition to that received for their serv21 ices as officers or employees of the United States.

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

23 task force shall be allowed travel expenses, including

24 per diem in lieu of subsistence, at rates authorized

25 for employees of agencies under subchapter I of
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1 chapter 57 of title 5, United States Code, while

2 away from their homes or regular places of business

3 in the performance of services for the task force.

4 (3) STAFF.—

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

6 task force may, without regard to the civil serv7 ice laws, appoint and terminate such personnel

8 as may be necessary to enable the task force to

9 perform its duties.

10 (B) PROCUREMENT OF TEMPORARY AND

11 INTERMITTENT SERVICES.—The Chairperson of

12 the task force may procure temporary and

13 intermittent service under section 3109(b) of

14 title 5, United States Code, at rates for individ15 uals that do not exceed the daily equivalent of

16 the annual rate of basic pay prescribed for level

17 V of the Executive Schedule under section 5316

18 of such title.

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

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

21 force submits its reports to the Congress and to Indian

22 tribes under subsection (b)(2).

23 (f) EXEMPTION FROM FEDERAL ADVISORY COMMIT24 TEE ACT.—All of the activities of the task force conducted
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1 under this title shall be exempt from the Federal Advisory

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

3 (g) PROHIBITION.—Beginning on the date of enact4 ment of this Act, the Secretary may not—

5 (1) promulgate any unpublished regulation or

6 agency guidance that affects Indian tribes; or

7 (2) impose any nonregulatory requirement that

8 affects Indian tribes.

9 SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

10 There are authorized to be appropriated such sums

11 as may be necessary to carry out this title.

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