```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2036 Reported in Senate (RS)]

                                                       Calendar No. 625

103d CONGRESS

  2d Session

                                S. 2036

                          [Report No. 103-374]

_______________________________________________________________________

                                 A BILL

To specify the terms of contracts entered into by the United States and 
  Indian tribal organizations under the Indian Self-Determination and 
           Education Assistance Act, and for other purposes.

_______________________________________________________________________

           September 26 (legislative day, September 12), 1994

                       Reported with an amendment

                                                       Calendar No. 625
103d CONGRESS
  2d Session
                                S. 2036

                          [Report No. 103-374]

To specify the terms of contracts entered into by the United States and 
  Indian tribal organizations under the Indian Self-Determination and 
           Education Assistance Act, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               April 20 (legislative day, April 11), 1994

Mr. McCain (for himself and Mr. Inouye) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

           September 26 (legislative day, September 12), 1994

               Reported by Mr. Inouye, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
To specify the terms of contracts entered into by the United States and 
  Indian tribal organizations under the Indian Self-Determination and 
           Education Assistance Act, and for other purposes.

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

-S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-.

    -T-h-i-s -A-c-t -m-a-y -b-e -c-i-t-e-d -a-s -t-h-e -`-`-I-n-d-i-a-n 
-S-e-l-f---D-e-t-e-r-m-i-n-a-t-i-o-n -C-o-n-t-r-a-c-t -R-e-f-o-r-m 
-A-c-t -o-f -1-9-9-4-'-'-.

-S-E-C-. -2-. -C-O-N-T-R-A-C-T -S-P-E-C-I-F-I-C-A-T-I-O-N-S-.

    -S-e-c-t-i-o-n -1-0-5 -o-f -t-h-e -I-n-d-i-a-n -S-e-l-f--
-D-e-t-e-r-m-i-n-a-t-i-o-n -a-n-d -E-d-u-c-a-t-i-o-n 
-A-s-s-i-s-t-a-n-c-e -A-c-t -(-2-5 -U-.-S-.-C-. -4-5-0-j-) -i-s 
-a-m-e-n-d-e-d -t-o -r-e-a-d -a-s -f-o-l-l-o-w-s-:

-`-`-S-E-C-. -1-0-5-. -C-O-N-T-R-A-C-T -O-R -G-R-A-N-T 
              -S-P-E-C-I-F-I-C-A-T-I-O-N-S-.

    -`-`-E-a-c-h -c-o-n-t-r-a-c-t -o-r -g-r-a-n-t -e-n-t-e-r-e-d 
-i-n-t-o -u-n-d-e-r -t-h-i-s -A-c-t-, -e-x-c-e-p-t -a-n 
-a-g-r-e-e-m-e-n-t -e-n-t-e-r-e-d -i-n-t-o -p-u-r-s-u-a-n-t -t-o 
-t-i-t-l-e -I-I-I -(-2-5 -U-.-S-.-C-. -4-5-0-f -n-o-t-e-)-, -s-h-a-l-l 
-c-o-n-t-a-i-n-, -o-r -i-n-c-o-r-p-o-r-a-t-e -b-y -r-e-f-e-r-e-n-c-e-, 
-t-h-e -f-o-l-l-o-w-i-n-g -p-r-o-v-i-s-i-o-n-s-, -w-i-t-h 
-m-o-d-i-f-i-c-a-t-i-o-n-s -w-h-e-r-e -i-n-d-i-c-a-t-e-d -a-n-d -t-h-e 
-b-l-a-n-k-s -a-p-p-r-o-p-r-i-a-t-e-l-y -f-i-l-l-e-d-:
    -`-`-(-a-) -A-u-t-h-o-r-i-t-y -a-n-d -P-u-r-p-o-s-e-.---
            -`-`-(-1-) -A-u-t-h-o-r-i-t-y-.----T-h-i-s 
        -a-g-r-e-e-m-e-n-t-, -d-e-n-o-t-e-d -a -C-o-n-t-r-a-c-t -o-f 
        -S-e-l-f---D-e-t-e-r-m-i-n-a-t-i-o-n -(-h-e-r-e-i-n-a-f-t-e-r 
        -r-e-f-e-r-r-e-d -t-o -a-s -t-h-e -`-C-o-n-t-r-a-c-t-'-)-, -i-s 
        -e-n-t-e-r-e-d -i-n-t-o -b-y -t-h-e -S-e-c-r-e-t-a-r-y -o-f 
        -t-h-e -I-n-t-e-r-i-o-r -(-o-r -t-h-e -S-e-c-r-e-t-a-r-y -o-f 
        -H-e-a-l-t-h -a-n-d -H-u-m-a-n -S-e-r-v-i-c-e-s-) 
        -(-h-e-r-e-i-n-a-f-t-e-r -r-e-f-e-r-r-e-d -t-o -a-s -t-h-e 
        -`-S-e-c-r-e-t-a-r-y-'-)-, -f-o-r -a-n-d -o-n -b-e-h-a-l-f -o-f 
        -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -p-u-r-s-u-a-n-t -t-o -t-h-e 
        -I-n-d-i-a-n -S-e-l-f---D-e-t-e-r-m-i-n-a-t-i-o-n -a-n-d 
        -E-d-u-c-a-t-i-o-n -A-s-s-i-s-t-a-n-c-e -A-c-t -a-n-d -b-y 
        -t-h-e -a-u-t-h-o-r-i-t-y -o-f -t-h-e -X-X-X-X-X-X-X 
        -t-r-i-b-a-l -g-o-v-e-r-n-m-e-n-t-. -U-n-l-e-s-s 
        -o-t-h-e-r-w-i-s-e -p-r-o-v-i-d-e-d -i-n -t-h-i-s 
        -a-g-r-e-e-m-e-n-t-, -a-l-l -o-f -t-h-e -p-r-o-v-i-s-i-o-n-s 
        -o-f -t-h-e -I-n-d-i-a-n -S-e-l-f---D-e-t-e-r-m-i-n-a-t-i-o-n 
        -a-n-d -E-d-u-c-a-t-i-o-n -A-s-s-i-s-t-a-n-c-e -A-c-t -a-r-e 
        -i-n-c-o-r-p-o-r-a-t-e-d -h-e-r-e-i-n-.
            -`-`-(-2-) -P-u-r-p-o-s-e-.----T-h-i-s -C-o-n-t-r-a-c-t 
        -s-h-a-l-l -b-e -l-i-b-e-r-a-l-l-y -c-o-n-s-t-r-u-e-d -t-o 
        -t-r-a-n-s-f-e-r -t-h-e -f-u-n-d-i-n-g-, -f-u-n-c-t-i-o-n-s-, 
        -a-n-d -a-c-t-i-v-i-t-i-e-s -f-o-r -t-h-e -f-o-l-l-o-w-i-n-g 
        -p-r-o-g-r-a-m-s -f-r-o-m -t-h-e -F-e-d-e-r-a-l 
        -G-o-v-e-r-n-m-e-n-t -t-o -t-h-e -X-X-X-X-X-X-X -t-r-i-b-a-l 
        -g-o-v-e-r-n-m-e-n-t-: -(-L-i-s-t -f-u-n-c-t-i-o-n-s-, 
        -a-c-t-i-v-i-t-i-e-s-, -a-n-d -p-r-o-g-r-a-m-s-.-)
            -`-`-(-3-) -T-r-i-b-a-l -l-a-w -a-n-d -f-o-r-u-m-s-.---
        -T-h-e -l-a-w-s -o-f -t-h-e -X-X-X-X-X-X-X -t-r-i-b-a-l 
        -g-o-v-e-r-n-m-e-n-t -s-h-a-l-l -b-e -a-p-p-l-i-e-d -i-n -t-h-e 
        -e-x-e-c-u-t-i-o-n -o-f -t-h-i-s -C-o-n-t-r-a-c-t -a-n-d -t-h-e 
        -p-o-w-e-r-s -a-n-d -d-e-c-i-s-i-o-n-s -o-f -t-h-e -T-r-i-b-a-l 
        -C-o-u-r-t -s-h-a-l-l -b-e -r-e-s-p-e-c-t-e-d -t-o -t-h-e 
        -e-x-t-e-n-t -t-h-a-t -F-e-d-e-r-a-l -l-a-w-, 
        -c-o-n-s-t-r-u-e-d -i-n -a-c-c-o-r-d-a-n-c-e -w-i-t-h -t-h-e 
        -a-p-p-l-i-c-a-b-l-e -c-a-n-o-n-s -o-f -c-o-n-s-t-r-u-c-t-i-o-n 
        -a-n-d -t-h-e -I-n-d-i-a-n -S-e-l-f---D-e-t-e-r-m-i-n-a-t-i-o-n 
        -a-n-d -E-d-u-c-a-t-i-o-n -A-s-s-i-s-t-a-n-c-e -A-c-t-, -i-s 
        -n-o-t -i-n-c-o-n-s-i-s-t-e-n-t-.
    -`-`-(-b-) -T-e-r-m-s-, -P-r-o-v-i-s-i-o-n-s -a-n-d 
-C-o-n-d-i-t-i-o-n-s-.---
            -`-`-(-1-) -T-e-r-m-.----T-h-e -t-e-r-m -o-f -t-h-i-s 
        -C-o-n-t-r-a-c-t -s-h-a-l-l -n-o-t -e-x-c-e-e-d -3 -y-e-a-r-s-, 
        -u-n-l-e-s-s -t-h-e -S-e-c-r-e-t-a-r-y -a-n-d -t-h-e -t-r-i-b-e 
        -a-g-r-e-e -o-n -a -l-o-n-g-e-r -p-e-r-i-o-d -p-u-r-s-u-a-n-t 
        -t-o -s-e-c-t-i-o-n -1-0-6 -o-f -t-h-e -I-n-d-i-a-n -S-e-l-f--
        -D-e-t-e-r-m-i-n-a-t-i-o-n -a-n-d -E-d-u-c-a-t-i-o-n 
        -A-s-s-i-s-t-a-n-c-e -A-c-t-. -T-h-e -c-a-l-e-n-d-a-r -y-e-a-r 
        -i-s -t-h-e -b-a-s-i-s -f-o-r -c-o-n-t-r-a-c-t-s -u-n-d-e-r 
        -t-h-i-s -A-c-t-, -u-n-l-e-s-s -t-h-e -S-e-c-r-e-t-a-r-y -a-n-d 
        -t-h-e -t-r-i-b-e -a-g-r-e-e -o-n -a -d-i-f-f-e-r-e-n-t 
        -p-e-r-i-o-d-.
            -`-`-(-2-) -E-f-f-e-c-t-i-v-e -d-a-t-e-.----T-h-i-s 
        -C-o-n-t-r-a-c-t -s-h-a-l-l -b-e-c-o-m-e -e-f-f-e-c-t-i-v-e 
        -u-p-o-n -a-p-p-r-o-v-a-l -a-n-d -e-x-e-c-u-t-i-o-n -b-y -t-h-e 
        -t-r-i-b-e -a-n-d -t-h-e -S-e-c-r-e-t-a-r-y-, -u-n-l-e-s-s 
        -o-t-h-e-r-w-i-s-e -p-r-o-v-i-d-e-d -b-y -l-a-w-.
            -`-`-(-3-) -F-u-n-d-i-n-g -a-m-o-u-n-t-.----S-u-b-j-e-c-t 
        -t-o -t-h-e -a-p-p-r-o-p-r-i-a-t-i-o-n -o-f -f-u-n-d-s -b-y 
        -C-o-n-g-r-e-s-s-, -t-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l 
        -m-a-k-e -a-v-a-i-l-a-b-l-e -t-o -t-h-e -t-r-i-b-e -t-h-e 
        -t-o-t-a-l -a-m-o-u-n-t -s-p-e-c-i-f-i-e-d -i-n -t-h-e 
        -a-n-n-u-a-l -a-g-r-e-e-m-e-n-t -i-n-c-o-r-p-o-r-a-t-e-d -b-y 
        -r-e-f-e-r-e-n-c-e -i-n -s-u-b-s-e-c-t-i-o-n -(-f-)-(-2-)-.
            -`-`-(-4-) -P-a-y-m-e-n-t-.---
                    -`-`-(-A-) -I-n -g-e-n-e-r-a-l-.----P-a-y-m-e-n-t-s 
                -s-h-a-l-l -b-e -m-a-d-e -a-s 
                -e-x-p-e-d-i-t-i-o-u-s-l-y -a-s -p-o-s-s-i-b-l-e -i-n 
                -c-o-m-p-l-i-a-n-c-e -w-i-t-h -a-p-p-l-i-c-a-b-l-e 
                -T-r-e-a-s-u-r-y -D-e-p-a-r-t-m-e-n-t 
                -r-e-g-u-l-a-t-i-o-n-s -a-n-d -s-h-a-l-l -i-n-c-l-u-d-e 
                -f-i-n-a-n-c-i-a-l -a-r-r-a-n-g-e-m-e-n-t-s -t-o 
                -c-o-v-e-r -f-u-n-d-i-n-g -d-u-r-i-n-g -p-e-r-i-o-d-s 
                -u-n-d-e-r -c-o-n-t-i-n-u-i-n-g -r-e-s-o-l-u-t-i-o-n-s 
                -t-o -t-h-e -e-x-t-e-n-t -p-e-r-m-i-t-t-e-d -b-y 
                -s-u-c-h -r-e-s-o-l-u-t-i-o-n-s-.
                    -`-`-(-B-) -Q-u-a-r-t-e-r-l-y -p-a-y-m-e-n-t-s-.---
                -T-o -t-h-e -e-x-t-e-n-t -a-u-t-h-o-r-i-z-e-d -b-y 
                -l-a-w-, -f-o-r -e-a-c-h -f-i-s-c-a-l -y-e-a-r 
                -c-o-v-e-r-e-d -b-y -t-h-i-s -C-o-n-t-r-a-c-t-, -t-h-e 
                -S-e-c-r-e-t-a-r-y -s-h-a-l-l -m-a-k-e 
                -a-v-a-i-l-a-b-l-e -t-h-e -f-u-n-d-s -s-p-e-c-i-f-i-e-d 
                -f-o-r -t-h-e -f-i-s-c-a-l -y-e-a-r -u-n-d-e-r -t-h-e 
                -a-n-n-u-a-l -a-g-r-e-e-m-e-n-t -b-y -p-a-y-i-n-g -t-o 
                -t-h-e -t-r-i-b-e -o-n -a -q-u-a-r-t-e-r-l-y -b-a-s-i-s 
                -o-n-e---q-u-a-r-t-e-r -o-f -t-h-e -t-o-t-a-l 
                -a-m-o-u-n-t -p-r-o-v-i-d-e-d -f-o-r -i-n -t-h-e 
                -a-n-n-u-a-l -a-g-r-e-e-m-e-n-t -f-o-r -t-h-a-t 
                -f-i-s-c-a-l -y-e-a-r-, -o-r -b-y -u-s-i-n-g -a-n 
                -i-n-s-t-r-u-m-e-n-t -s-u-c-h -a-s -a -l-e-t-t-e-r -o-f 
                -c-r-e-d-i-t-, -o-r -o-t-h-e-r -m-e-t-h-o-d 
                -a-u-t-h-o-r-i-z-e-d -b-y -l-a-w-, -a-s -m-a-y -b-e 
                -s-p-e-c-i-f-i-e-d -i-n -t-h-e -a-n-n-u-a-l 
                -a-g-r-e-e-m-e-n-t-. -T-o -t-h-e -e-x-t-e-n-t 
                -a-p-p-l-i-c-a-b-l-e-, -e-a-c-h -q-u-a-r-t-e-r-l-y 
                -p-a-y-m-e-n-t -s-h-a-l-l -b-e -m-a-d-e -o-n -t-h-e 
                -f-i-r-s-t -d-a-y -o-f -e-a-c-h -q-u-a-r-t-e-r -o-f 
                -t-h-e -f-i-s-c-a-l -y-e-a-r -e-x-c-e-p-t -f-o-r -t-h-e 
                -f-i-r-s-t -q-u-a-r-t-e-r-, -f-o-r -w-h-i-c-h -t-h-e 
                -q-u-a-r-t-e-r-l-y -p-a-y-m-e-n-t -s-h-a-l-l -b-e 
                -m-a-d-e -n-o-t -l-a-t-e-r -t-h-a-n -t-h-e -d-a-t-e 
                -t-h-a-t -i-s -1-0 -c-a-l-e-n-d-a-r -d-a-y-s -a-f-t-e-r 
                -t-h-e -d-a-t-e -o-n -w-h-i-c-h -t-h-e -O-f-f-i-c-e 
                -o-f -M-a-n-a-g-e-m-e-n-t -a-n-d -B-u-d-g-e-t 
                -a-p-p-o-r-t-i-o-n-s -t-h-e 
                -a-p-p-r-o-p-r-i-a-t-i-o-n-s -f-o-r -t-h-e -f-i-s-c-a-l 
                -y-e-a-r -f-o-r -t-h-e -p-r-o-g-r-a-m-s-, 
                -s-e-r-v-i-c-e-s-, -f-u-n-c-t-i-o-n-s-, -a-n-d 
                -a-c-t-i-v-i-t-i-e-s -s-u-b-j-e-c-t -t-o -t-h-e 
                -C-o-n-t-r-a-c-t-.
            -`-`-(-5-) -R-e-c-o-r-d-s-.----(-A-) -E-x-c-e-p-t -f-o-r 
        -p-r-e-v-i-o-u-s-l-y -p-r-o-v-i-d-e-d -c-o-p-i-e-s -o-f 
        -t-r-i-b-a-l -r-e-c-o-r-d-s -t-h-a-t -t-h-e -S-e-c-r-e-t-a-r-y 
        -d-e-m-o-n-s-t-r-a-t-e-s -a-r-e -c-l-e-a-r-l-y -r-e-q-u-i-r-e-d 
        -t-o -b-e -m-a-i-n-t-a-i-n-e-d -a-s -p-a-r-t -o-f -t-h-e 
        -r-e-c-o-r-d-k-e-e-p-i-n-g -s-y-s-t-e-m -o-f -t-h-e 
        -D-e-p-a-r-t-m-e-n-t -o-f -t-h-e -I-n-t-e-r-i-o-r-, 
        -t-r-i-b-a-l -r-e-c-o-r-d-s -s-h-a-l-l -n-o-t -b-e 
        -c-o-n-s-i-d-e-r-e-d -F-e-d-e-r-a-l -r-e-c-o-r-d-s -f-o-r 
        -p-u-r-p-o-s-e-s -o-f -c-h-a-p-t-e-r -5 -o-f -t-i-t-l-e -5-, 
        -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-.
            -`-`-(-B-) -T-h-e -t-r-i-b-e -s-h-a-l-l -m-a-i-n-t-a-i-n -a 
        -r-e-c-o-r-d-k-e-e-p-i-n-g -s-y-s-t-e-m-, -a-n-d -p-r-o-v-i-d-e 
        -r-e-a-s-o-n-a-b-l-e -a-c-c-e-s-s -t-o -r-e-c-o-r-d-s -t-o 
        -t-h-e -S-e-c-r-e-t-a-r-y -t-h-a-t -p-e-r-m-i-t-s -t-h-e 
        -D-e-p-a-r-t-m-e-n-t -o-f -t-h-e -I-n-t-e-r-i-o-r -t-o -m-e-e-t 
        -i-t-s -m-i-n-i-m-u-m -l-e-g-a-l -r-e-c-o-r-d-k-e-e-p-i-n-g 
        -p-r-o-g-r-a-m -r-e-q-u-i-r-e-m-e-n-t-s -u-n-d-e-r 
        -c-h-a-p-t-e-r -3-1 -o-f -t-i-t-l-e -4-4-, -U-n-i-t-e-d 
        -S-t-a-t-e-s -C-o-d-e-.
            -`-`-(-6-) -P-r-o-p-e-r-t-y-.----(-A-) -A-t -t-h-e 
        -r-e-q-u-e-s-t -o-f -t-h-e -t-r-i-b-e-, -t-h-e 
        -S-e-c-r-e-t-a-r-y -s-h-a-l-l -m-a-k-e -a-v-a-i-l-a-b-l-e -t-o 
        -t-h-e -t-r-i-b-e -r-e-a-s-o-n-a-b-l-y -d-i-v-i-s-i-b-l-e 
        -r-e-a-l -p-r-o-p-e-r-t-y-, -f-a-c-i-l-i-t-i-e-s-, 
        -e-q-u-i-p-m-e-n-t-, -a-n-d -p-e-r-s-o-n-a-l -p-r-o-p-e-r-t-y 
        -t-h-a-t -t-h-e -D-e-p-a-r-t-m-e-n-t -h-a-d 
        -p-r-e-v-i-o-u-s-l-y -u-t-i-l-i-z-e-d -t-o -p-r-o-v-i-d-e 
        -t-h-e -p-r-o-g-r-a-m-s-, -s-e-r-v-i-c-e-s-, 
        -f-u-n-c-t-i-o-n-s-, -a-n-d -a-c-t-i-v-i-t-i-e-s -n-o-w 
        -c-o-n-s-o-l-i-d-a-t-e-d -b-y -t-h-e -t-r-i-b-e 
        -p-u-r-s-u-a-n-t -t-o -s-u-b-s-e-c-t-i-o-n -(-c-)-(-1-) -o-f 
        -t-h-i-s -C-o-n-t-r-a-c-t-. -A -m-u-t-u-a-l-l-y -a-g-r-e-e-d 
        -u-p-o-n -l-i-s-t -s-p-e-c-i-f-y-i-n-g -t-h-e 
        -p-r-o-p-e-r-t-y-, -f-a-c-i-l-i-t-i-e-s-, -a-n-d 
        -e-q-u-i-p-m-e-n-t -s-o -m-a-d-e -a-v-a-i-l-a-b-l-e -s-h-a-l-l 
        -a-l-s-o -b-e -p-r-e-p-a-r-e-d -a-n-d -p-e-r-i-o-d-i-c-a-l-l-y 
        -r-e-v-i-s-e-d-.
            -`-`-(-B-) -S-u-b-j-e-c-t -t-o -t-h-e -a-g-r-e-e-m-e-n-t 
        -o-f -t-h-e -G-e-n-e-r-a-l -S-e-r-v-i-c-e-s 
        -A-d-m-i-n-i-s-t-r-a-t-i-o-n-, -t-h-e -S-e-c-r-e-t-a-r-y 
        -s-h-a-l-l -d-e-l-e-g-a-t-e -t-o -t-h-e -t-r-i-b-e -t-h-e 
        -a-u-t-h-o-r-i-t-y -t-o -a-c-q-u-i-r-e -s-u-c-h 
        -`-e-x-c-e-s-s-' -p-r-o-p-e-r-t-y -a-s -m-a-y -b-e 
        -a-p-p-r-o-p-r-i-a-t-e -i-n -t-h-e -j-u-d-g-m-e-n-t -o-f -t-h-e 
        -t-r-i-b-e -t-o -s-u-p-p-o-r-t -t-h-e -p-r-o-g-r-a-m-s-, 
        -s-e-r-v-i-c-e-s-, -f-u-n-c-t-i-o-n-s-, -a-n-d 
        -a-c-t-i-v-i-t-i-e-s -c-o-n-s-o-l-i-d-a-t-e-d -u-n-d-e-r 
        -s-u-b-s-e-c-t-i-o-n -(-c-)-(-1-) -o-f -t-h-i-s 
        -C-o-n-t-r-a-c-t-. -T-h-e -S-e-c-r-e-t-a-r-y -a-g-r-e-e-s -t-o 
        -m-a-k-e -b-e-s-t -e-f-f-o-r-t-s -t-o -a-s-s-i-s-t -t-h-e 
        -t-r-i-b-e -i-n -o-b-t-a-i-n-i-n-g -s-u-c-h 
        -c-o-n-f-i-s-c-a-t-e-d -o-r -e-x-c-e-s-s -p-r-o-p-e-r-t-y -a-s 
        -m-a-y -b-e-c-o-m-e -a-v-a-i-l-a-b-l-e -t-o -t-r-i-b-e-s -o-r 
        -l-o-c-a-l -g-o-v-e-r-n-m-e-n-t-s-. -S-u-b-j-e-c-t -t-o -t-h-e 
        -a-g-r-e-e-m-e-n-t -o-f -t-h-e -G-e-n-e-r-a-l -S-e-r-v-i-c-e-s 
        -A-d-m-i-n-i-s-t-r-a-t-i-o-n-, -a -s-c-r-e-e-n-e-r 
        -i-d-e-n-t-i-f-i-c-a-t-i-o-n -c-a-r-d -(-G-e-n-e-r-a-l 
        -S-e-r-v-i-c-e-s -A-d-m-i-n-i-s-t-r-a-t-i-o-n -f-o-r-m 
        -2-9-4-6-) -s-h-a-l-l -b-e -i-s-s-u-e-d -t-o -t-h-e -t-r-i-b-e 
        -n-o-t -l-a-t-e-r -t-h-a-n -t-h-e -e-f-f-e-c-t-i-v-e -d-a-t-e 
        -o-f -t-h-i-s -C-o-n-t-r-a-c-t-. -T-h-e -d-e-s-i-g-n-a-t-e-d 
        -o-f-f-i-c-i-a-l -s-h-a-l-l-, -u-p-o-n -r-e-q-u-e-s-t-, 
        -a-s-s-i-s-t -t-h-e -t-r-i-b-e -i-n -s-e-c-u-r-i-n-g -t-h-e 
        -u-s-e -o-f -t-h-e -c-a-r-d-.
            -`-`-(-C-) -T-h-e -t-r-i-b-e -s-h-a-l-l-, -u-p-o-n 
        -a-c-q-u-i-s-i-t-i-o-n -o-f -e-x-c-e-s-s -U-n-i-t-e-d 
        -S-t-a-t-e-s -G-o-v-e-r-n-m-e-n-t -p-r-o-p-e-r-t-y-, 
        -p-r-o-v-i-d-e -a-d-e-q-u-a-t-e -d-o-c-u-m-e-n-t-a-t-i-o-n -t-o 
        -t-h-e -S-e-c-r-e-t-a-r-y -t-o -f-a-c-i-l-i-t-a-t-e 
        -r-e-c-o-r-d-a-t-i-o-n -o-f -t-h-e -p-r-o-p-e-r-t-y -i-n -t-h-e 
        -B-u-r-e-a-u -o-f -I-n-d-i-a-n -A-f-f-a-i-r-s -P-r-o-p-e-r-t-y 
        -I-n-v-e-n-t-o-r-y-.
            -`-`-(-D-) -T-h-e -t-r-i-b-e -s-h-a-l-l -d-e-t-e-r-m-i-n-e 
        -w-h-a-t -c-a-p-i-t-a-l -e-q-u-i-p-m-e-n-t-, -l-e-a-s-e-s-, 
        -r-e-n-t-a-l-s-, -p-r-o-p-e-r-t-y-, -o-r -s-e-r-v-i-c-e-s -i-t 
        -s-h-a-l-l -r-e-q-u-i-r-e -t-o -p-e-r-f-o-r-m -i-t-s 
        -o-b-l-i-g-a-t-i-o-n-s -u-n-d-e-r -t-h-i-s 
        -s-u-b-s-e-c-t-i-o-n-, -a-n-d -s-h-a-l-l -a-c-q-u-i-r-e -a-n-d 
        -m-a-i-n-t-a-i-n -r-e-c-o-r-d-s -o-f -s-u-c-h -c-a-p-i-t-a-l 
        -e-q-u-i-p-m-e-n-t-, -p-r-o-p-e-r-t-y -r-e-n-t-a-l-s-, 
        -l-e-a-s-e-s-, -p-r-o-p-e-r-t-y-, -o-r -s-e-r-v-i-c-e-s 
        -t-h-r-o-u-g-h -t-r-i-b-a-l -p-r-o-c-u-r-e-m-e-n-t 
        -p-r-o-c-e-d-u-r-e-s-.
            -`-`-(-7-) -S-a-v-i-n-g-s-.---
        -N-o-t-w-i-t-h-s-t-a-n-d-i-n-g -a-n-y -o-t-h-e-r 
        -p-r-o-v-i-s-i-o-n -o-f -l-a-w-, -a-n-y -f-u-n-d-s 
        -a-p-p-r-o-p-r-i-a-t-e-d -p-u-r-s-u-a-n-t -t-o -t-h-e -A-c-t 
        -o-f -N-o-v-e-m-b-e-r -2-, -1-9-2-1 -(-4-2 -S-t-a-t-. -2-0-8-, 
        -c-h-a-p-t-e-r -1-1-5-; -2-5 -U-.-S-.-C-. -1-3-) -s-h-a-l-l 
        -r-e-m-a-i-n -a-v-a-i-l-a-b-l-e -u-n-t-i-l -e-x-p-e-n-d-e-d-.
            -`-`-(-8-) -T-r-a-n-s-p-o-r-t-a-t-i-o-n-.---
                    -`-`-(-A-) -U-s-e -o-f -m-o-t-o-r 
                -v-e-h-i-c-l-e-s-.----S-u-b-j-e-c-t -t-o -t-h-e 
                -a-g-r-e-e-m-e-n-t -o-f -t-h-e -G-e-n-e-r-a-l 
                -S-e-r-v-i-c-e-s -A-d-m-i-n-i-s-t-r-a-t-i-o-n-, -t-h-e 
                -S-e-c-r-e-t-a-r-y -h-e-r-e-b-y -a-u-t-h-o-r-i-z-e-s 
                -t-h-e -t-r-i-b-e -t-o -o-b-t-a-i-n 
                -i-n-t-e-r-a-g-e-n-c-y -m-o-t-o-r -p-o-o-l 
                -v-e-h-i-c-l-e-s -a-n-d -r-e-l-a-t-e-d 
                -s-e-r-v-i-c-e-s-, -i-f -a-v-a-i-l-a-b-l-e-, -f-o-r 
                -p-e-r-f-o-r-m-a-n-c-e -o-f -a-n-y -a-c-t-i-v-i-t-i-e-s 
                -u-n-d-e-r -t-h-i-s -C-o-n-t-r-a-c-t-.
                    -`-`-(-B-) -U-s-e -o-f -o-t-h-e-r 
                -t-r-a-n-s-p-o-r-t-a-t-i-o-n -s-e-r-v-i-c-e-s-.---
                -T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -m-a-k-e -b-e-s-t 
                -e-f-f-o-r-t-s -t-o -o-b-t-a-i-n -t-h-e 
                -c-o-n-c-u-r-r-e-n-c-e -o-f -t-h-e -G-e-n-e-r-a-l 
                -S-e-r-v-i-c-e-s -A-d-m-i-n-i-s-t-r-a-t-i-o-n -t-o 
                -p-r-o-v-i-d-e -t-h-e -t-r-i-b-e -a-n-d -i-t-s 
                -e-m-p-l-o-y-e-e-s -w-i-t-h -e-l-i-g-i-b-i-l-i-t-y 
                -f-o-r -s-e-r-v-i-c-e-s -a-n-d -s-u-p-p-l-i-e-s 
                -p-u-r-s-u-a-n-t -t-o -G-e-n-e-r-a-l -S-e-r-v-i-c-e-s 
                -A-d-m-i-n-i-s-t-r-a-t-i-o-n -p-r-o-g-r-a-m-s -a-n-d 
                -c-o-n-t-r-a-c-t-s -w-i-t-h -p-r-i-v-a-t-e 
                -e-n-t-i-t-i-e-s-, -i-n-c-l-u-d-i-n-g -a-i-r-l-i-n-e-s 
                -a-n-d -o-t-h-e-r -t-r-a-n-s-p-o-r-t-a-t-i-o-n 
                -c-a-r-r-i-e-r-s-.
            -`-`-(-9-) -R-e-g-u-l-a-t-o-r-y -a-u-t-h-o-r-i-t-y-.---
        -T-h-e -t-r-i-b-e -i-s -n-o-t -r-e-q-u-i-r-e-d -t-o -a-b-i-d-e 
        -b-y -F-e-d-e-r-a-l -p-r-o-g-r-a-m -g-u-i-d-e-l-i-n-e-s-, 
        -m-a-n-u-a-l-s-, -o-r -p-o-l-i-c-y -d-i-r-e-c-t-i-v-e-s 
        -u-n-l-e-s-s -o-t-h-e-r-w-i-s-e -a-g-r-e-e-d -t-o -b-y -t-h-e 
        -t-r-i-b-e -a-n-d -t-h-e -S-e-c-r-e-t-a-r-y-.
            -`-`-(-1-0-) -D-i-s-p-u-t-e-s-.----(-A-) 
        -O-b-l-i-g-a-t-i-o-n-s -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s 
        -u-n-d-e-r -t-h-i-s -C-o-n-t-r-a-c-t -s-h-a-l-l -b-e 
        -c-o-n-s-i-d-e-r-e-d -t-o -b-e -`-d-u-t-i-e-s-' -u-n-d-e-r 
        -s-e-c-t-i-o-n -1-1-0 -o-f -t-h-e -I-n-d-i-a-n -S-e-l-f--
        -D-e-t-e-r-m-i-n-a-t-i-o-n -a-n-d -E-d-u-c-a-t-i-o-n 
        -A-s-s-i-s-t-a-n-c-e -A-c-t-.
            -`-`-(-B-) -S-e-c-t-i-o-n -1-1-0 -o-f -t-h-e -I-n-d-i-a-n 
        -S-e-l-f---D-e-t-e-r-m-i-n-a-t-i-o-n -a-n-d -E-d-u-c-a-t-i-o-n 
        -A-c-t -s-h-a-l-l -a-p-p-l-y -t-o -d-i-s-p-u-t-e-s -u-n-d-e-r 
        -t-h-i-s -C-o-n-t-r-a-c-t-.
            -`-`-(-C-) -I-n -a-d-d-i-t-i-o-n -o-r -a-s -a-n 
        -a-l-t-e-r-n-a-t-i-v-e -t-o -r-e-m-e-d-i-e-s -a-n-d 
        -p-r-o-c-e-d-u-r-e-s -p-r-e-s-c-r-i-b-e-d -b-y -s-e-c-t-i-o-n 
        -1-1-0 -o-f -t-h-e -I-n-d-i-a-n -S-e-l-f--
        -D-e-t-e-r-m-i-n-a-t-i-o-n -a-n-d -E-d-u-c-a-t-i-o-n 
        -A-s-s-i-s-t-a-n-c-e -A-c-t -t-h-e -p-a-r-t-i-e-s -m-a-y 
        -j-o-i-n-t-l-y---
                    -`-`-(-i-) -s-u-b-m-i-t -d-i-s-p-u-t-e-s -u-n-d-e-r 
                -t-h-i-s -C-o-n-t-r-a-c-t -t-o -t-h-i-r-d---p-a-r-t-y 
                -m-e-d-i-a-t-i-o-n-, -w-h-i-c-h -f-o-r -p-u-r-p-o-s-e-s 
                -o-f -t-h-i-s -s-e-c-t-i-o-n -m-e-a-n-s -t-h-a-t -t-h-e 
                -S-e-c-r-e-t-a-r-y -a-n-d -t-h-e -t-r-i-b-e 
                -n-o-m-i-n-a-t-e -a -t-h-i-r-d -p-a-r-t-y -w-h-o 
                -t-o-g-e-t-h-e-r -c-h-o-o-s-e -a -t-h-i-r-d -p-a-r-t-y 
                -m-e-d-i-a-t-o-r -(-`-t-h-i-r-d---p-a-r-t-y-' 
                -m-e-a-n-s -a -p-e-r-s-o-n -n-o-t -e-m-p-l-o-y-e-d -b-y 
                -o-r -s-i-g-n-i-f-i-c-a-n-t-l-y -i-n-v-o-l-v-e-d 
                -w-i-t-h -e-i-t-h-e-r -t-h-e -t-r-i-b-e-, -t-h-e 
                -S-e-c-r-e-t-a-r-y-, -o-r -t-h-e -D-e-p-a-r-t-m-e-n-t 
                -o-f -t-h-e -I-n-t-e-r-i-o-r-)-;
                    -`-`-(-i-i-) -s-u-b-m-i-t -t-h-e -d-i-s-p-u-t-e 
                -t-o -t-h-e -C-o-u-r-t -o-f -t-h-e -t-r-i-b-e-; -o-r
                    -`-`-(-i-i-i-) -s-u-b-m-i-t -t-h-e -d-i-s-p-u-t-e 
                -t-o -m-e-d-i-a-t-i-o-n -p-r-o-c-e-s-s-e-s 
                -p-r-o-v-i-d-e-d -f-o-r -u-n-d-e-r -t-h-e -l-a-w -o-f 
                -t-h-e -t-r-i-b-e-.
            -`-`-(-D-) -T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l 
        -a-c-c-e-p-t -d-e-c-i-s-i-o-n-s -r-e-a-c-h-e-d -b-y 
        -m-e-d-i-a-t-i-o-n -p-r-o-c-e-s-s-e-s -o-r -t-h-e -t-r-i-b-a-l 
        -c-o-u-r-t-, -b-u-t -s-h-a-l-l -n-o-t -b-e -b-o-u-n-d -b-y 
        -a-n-y -d-e-c-i-s-i-o-n -t-h-a-t -m-i-g-h-t -b-e -i-n 
        -c-o-n-f-l-i-c-t -w-i-t-h -t-h-e -i-n-t-e-r-e-s-t-s -o-f -t-h-e 
        -I-n-d-i-a-n-s -o-r -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s-.
            -`-`-(-1-1-) -T-r-i-b-a-l -a-d-m-i-n-i-s-t-r-a-t-i-v-e 
        -p-r-o-c-e-d-u-r-e-s-.----T-r-i-b-a-l -l-a-w -a-n-d 
        -t-r-i-b-a-l -f-o-r-u-m-s -s-h-a-l-l -p-r-o-v-i-d-e -f-o-r 
        -a-d-m-i-n-i-s-t-r-a-t-i-v-e -d-u-e -p-r-o-c-e-s-s -w-i-t-h 
        -r-e-s-p-e-c-t -t-o -p-r-o-g-r-a-m-s-, -s-e-r-v-i-c-e-s-, 
        -f-u-n-c-t-i-o-n-s-, -a-n-d -a-c-t-i-v-i-t-i-e-s -t-h-a-t 
        -a-r-e -p-r-o-v-i-d-e-d -b-y -t-h-e -t-r-i-b-e -p-u-r-s-u-a-n-t 
        -t-o -t-h-i-s -C-o-n-t-r-a-c-t -a-n-d -p-u-r-s-u-a-n-t -t-o 
        -t-h-e -I-n-d-i-a-n -C-i-v-i-l -R-i-g-h-t-s -A-c-t -o-f 
        -1-9-6-8 -(-2-5 -U-.-S-.-C-. -1-3-0-1 -e-t -s-e-q-.-)-.
            -`-`-(-1-2-) -S-u-c-c-e-s-s-o-r -a-n-n-u-a-l 
        -a-g-r-e-e-m-e-n-t-.----N-e-g-o-t-i-a-t-i-o-n-s -f-o-r -a 
        -s-u-c-c-e-s-s-o-r -a-n-n-u-a-l -a-g-r-e-e-m-e-n-t-, -a-s 
        -p-r-o-v-i-d-e-d -f-o-r -i-n -s-u-b-s-e-c-t-i-o-n 
        -(-f-)-(-2-)-, -s-h-a-l-l -b-e-g-i-n -n-o-t -l-a-t-e-r -t-h-a-n 
        -1-2-0 -d-a-y-s -p-r-i-o-r -t-o -t-h-e -c-o-n-c-l-u-s-i-o-n 
        -o-f -t-h-e -p-r-e-c-e-d-i-n-g -a-n-n-u-a-l 
        -a-g-r-e-e-m-e-n-t-. -T-h-e -t-r-i-b-e -i-s -h-e-r-e-b-y 
        -a-s-s-u-r-e-d -t-h-a-t -f-u-t-u-r-e -f-u-n-d-i-n-g -o-f 
        -s-u-c-c-e-s-s-o-r -a-n-n-u-a-l -a-g-r-e-e-m-e-n-t-s -s-h-a-l-l 
        -o-n-l-y -b-e -r-e-d-u-c-e-d -p-u-r-s-u-a-n-t -t-o 
        -s-e-c-t-i-o-n -1-0-6-(-b-) -o-f -t-h-e -I-n-d-i-a-n -S-e-l-f--
        -D-e-t-e-r-m-i-n-a-t-i-o-n -a-n-d -E-d-u-c-a-t-i-o-n 
        -A-s-s-i-s-t-a-n-c-e -A-c-t-. -T-h-e -S-e-c-r-e-t-a-r-y 
        -a-g-r-e-e-s -t-o -p-r-e-p-a-r-e -a-n-d -s-u-p-p-l-y 
        -r-e-l-e-v-a-n-t -i-n-f-o-r-m-a-t-i-o-n-, -a-n-d -t-o 
        -p-r-o-m-p-t-l-y -c-o-m-p-l-y -w-i-t-h -a-n-y -r-e-q-u-e-s-t 
        -b-y -t-h-e -t-r-i-b-e -f-o-r -i-n-f-o-r-m-a-t-i-o-n 
        -r-e-a-s-o-n-a-b-l-y -n-e-e-d-e-d -t-o -d-e-t-e-r-m-i-n-e 
        -t-h-e -f-u-n-d-s -t-h-a-t -m-a-y -b-e -a-v-a-i-l-a-b-l-e 
        -f-o-r -a -s-u-c-c-e-s-s-o-r -a-n-n-u-a-l -a-g-r-e-e-m-e-n-t 
        -a-s -p-r-o-v-i-d-e-d -f-o-r -i-n -a -s-u-b-s-e-c-t-i-o-n 
        -(-f-)-(-2-) -o-f -t-h-i-s -C-o-n-t-r-a-c-t-.
            -`-`-(-1-3-) -S-e-c-r-e-t-a-r-i-a-l -a-p-p-r-o-v-a-l-.---
        -(-A-) -E-x-c-e-p-t -a-s -p-r-o-v-i-d-e-d -i-n 
        -s-u-b-p-a-r-a-g-r-a-p-h -(-B-)-, -f-o-r -t-h-e -t-e-r-m -o-f 
        -t-h-e -C-o-n-t-r-a-c-t-, -s-e-c-t-i-o-n -2-1-0-3 -o-f -t-h-e 
        -R-e-v-i-s-e-d -S-t-a-t-u-t-e-s -(-2-5 -U-.-S-.-C-. -8-1-) 
        -a-n-d -s-e-c-t-i-o-n -1-6 -o-f -t-h-e -A-c-t -o-f -J-u-n-e 
        -1-8-, -1-9-3-4 -(-2-5 -U-.-S-.-C-. -4-7-6-)-, -s-h-a-l-l 
        -n-o-t -a-p-p-l-y -t-o -a-n-y -c-o-n-t-r-a-c-t -e-n-t-e-r-e-d 
        -i-n-t-o -b-y -t-h-e -t-r-i-b-e -i-n -c-o-n-n-e-c-t-i-o-n 
        -w-i-t-h -t-h-i-s -C-o-n-t-r-a-c-t-.
            -`-`-(-B-) -E-a-c-h -c-o-n-t-r-a-c-t -e-n-t-e-r-e-d 
        -i-n-t-o -b-y -t-h-e -t-r-i-b-e -s-h-a-l-l---
                    -`-`-(-i-) -b-e -i-n -w-r-i-t-i-n-g-;
                    -`-`-(-i-i-) -i-d-e-n-t-i-f-y -t-h-e 
                -i-n-t-e-r-e-s-t-e-d -p-a-r-t-i-e-s-, -t-h-e-i-r 
                -a-u-t-h-o-r-i-t-i-e-s-, -a-n-d -p-u-r-p-o-s-e-s-;
                    -`-`-(-i-i-i-) -s-t-a-t-e -t-h-e -w-o-r-k -t-o -b-e 
                -p-e-r-f-o-r-m-e-d-; -a-n-d
                    -`-`-(-i-v-) -s-t-a-t-e -t-h-e -b-a-s-i-s -f-o-r 
                -a-n-y -c-l-a-i-m-, -t-h-e -p-a-y-m-e-n-t-s -t-o -b-e 
                -m-a-d-e-, -a-n-d -t-h-e -t-e-r-m-s -o-f -t-h-e 
                -c-o-n-t-r-a-c-t-, -w-h-i-c-h -s-h-a-l-l -b-e 
                -f-i-x-e-d-.
    -`-`-(-c-) -O-b-l-i-g-a-t-i-o-n -o-f -t-h-e -T-r-i-b-e-.---
            -`-`-(-1-) -C-o-n-s-o-l-i-d-a-t-i-o-n-.----E-x-c-e-p-t -a-s 
        -p-r-o-v-i-d-e-d -i-n -s-u-b-s-e-c-t-i-o-n -(-d-)-(-2-)-, 
        -t-h-e -T-r-i-b-a-l-l-y -C-o-n-t-r-o-l-l-e-d -C-o-m-m-u-n-i-t-y 
        -C-o-l-l-e-g-e -A-s-s-i-s-t-a-n-c-e -A-c-t -o-f -1-9-7-8 -(-2-5 
        -U-.-S-.-C-. -1-8-0-1 -e-t -s-e-q-.-)-, -a-n-d -t-i-t-l-e -X-I 
        -o-f -t-h-e -E-d-u-c-a-t-i-o-n -A-m-e-n-d-m-e-n-t-s -o-f 
        -1-9-7-8 -(-2-5 -U-.-S-.-C-. -2-0-0-1 -e-t -s-e-q-.-)-, -t-h-e 
        -t-r-i-b-e -s-h-a-l-l -p-e-r-f-o-r-m -t-h-e -p-r-o-g-r-a-m-s-, 
        -s-e-r-v-i-c-e-s-, -f-u-n-c-t-i-o-n-s-, -a-n-d 
        -a-c-t-i-v-i-t-i-e-s -a-s -p-r-o-v-i-d-e-d -i-n -t-h-e 
        -a-n-n-u-a-l -a-g-r-e-e-m-e-n-t -u-n-d-e-r -s-u-b-s-e-c-t-i-o-n 
        -(-f-)-(-2-) -o-f -t-h-i-s -C-o-n-t-r-a-c-t-.
            -`-`-(-2-) -A-m-o-u-n-t -o-f -f-u-n-d-s-.----T-h-e 
        -t-o-t-a-l -a-m-o-u-n-t -o-f -f-u-n-d-s -c-o-v-e-r-e-d -b-y 
        -t-h-e -C-o-n-t-r-a-c-t -p-r-o-v-i-d-e-d -f-o-r -i-n 
        -p-a-r-a-g-r-a-p-h -(-1-) -t-h-a-t -t-h-e -S-e-c-r-e-t-a-r-y 
        -s-h-a-l-l -m-a-k-e -a-v-a-i-l-a-b-l-e -t-o -t-h-e 
        -X-X-X-X-X-X-X -I-n-d-i-a-n -t-r-i-b-e -s-h-a-l-l -b-e 
        -d-e-t-e-r-m-i-n-e-d -i-n -a-n -a-n-n-u-a-l -a-g-r-e-e-m-e-n-t 
        -b-e-t-w-e-e-n -t-h-e -S-e-c-r-e-t-a-r-y -a-n-d -t-h-e 
        -t-r-i-b-e-, -w-h-i-c-h -s-h-a-l-l -b-e 
        -i-n-c-o-r-p-o-r-a-t-e-d -i-n -i-t-s -e-n-t-i-r-e-t-y -i-n-t-o 
        -t-h-i-s -C-o-n-t-r-a-c-t -a-n-d -a-t-t-a-c-h-e-d -a-s 
        -p-r-o-v-i-d-e-d -i-n -s-u-b-s-e-c-t-i-o-n -(-f-)-(-2-)-.
            -`-`-(-3-) -T-r-i-b-a-l -p-r-o-g-r-a-m-s-.----T-h-e 
        -t-r-i-b-e -a-g-r-e-e-s -t-o -p-r-o-v-i-d-e -t-h-e 
        -p-r-o-g-r-a-m-s-, -s-e-r-v-i-c-e-s-, -f-u-n-c-t-i-o-n-s-, 
        -a-n-d -a-c-t-i-v-i-t-i-e-s -i-d-e-n-t-i-f-i-e-d -i-n -t-h-e 
        -a-n-n-u-a-l -a-g-r-e-e-m-e-n-t-. -T-h-e -t-r-i-b-e 
        -p-l-e-d-g-e-s -t-o -p-r-a-c-t-i-c-e -g-o-o-d -f-a-i-t-h -i-n 
        -u-p-h-o-l-d-i-n-g -i-t-s -r-e-s-p-o-n-s-i-b-i-l-i-t-y -t-o 
        -p-r-o-v-i-d-e -s-u-c-h -p-r-o-g-r-a-m-s-, -s-e-r-v-i-c-e-s-, 
        -f-u-n-c-t-i-o-n-s-, -a-n-d -a-c-t-i-v-i-t-i-e-s-.
            -`-`-(-4-) -T-r-u-s-t -s-e-r-v-i-c-e-s -f-o-r 
        -i-n-d-i-v-i-d-u-a-l -i-n-d-i-a-n-s-.----T-o -t-h-e 
        -e-x-t-e-n-t -t-h-a-t -t-h-e -a-n-n-u-a-l -a-g-r-e-e-m-e-n-t 
        -e-n-d-e-a-v-o-r-s -t-o -p-r-o-v-i-d-e -t-r-u-s-t 
        -s-e-r-v-i-c-e-s -t-o -i-n-d-i-v-i-d-u-a-l -I-n-d-i-a-n-s 
        -t-h-a-t -w-e-r-e -f-o-r-m-e-r-l-y -p-r-o-v-i-d-e-d -b-y -t-h-e 
        -S-e-c-r-e-t-a-r-y-, -t-h-e -t-r-i-b-e -s-h-a-l-l 
        -m-a-i-n-t-a-i-n -a-t -l-e-a-s-t -t-h-e -s-a-m-e -l-e-v-e-l 
        -o-f -s-e-r-v-i-c-e -a-s -w-a-s -p-r-e-v-i-o-u-s-l-y 
        -p-r-o-v-i-d-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y-, 
        -s-u-b-j-e-c-t -t-o -t-h-e -a-v-a-i-l-a-b-i-l-i-t-y -o-f 
        -a-p-p-r-o-p-r-i-a-t-e-d -f-u-n-d-s -f-o-r -s-u-c-h 
        -s-e-r-v-i-c-e-s-. -T-h-e -t-r-i-b-e -p-l-e-d-g-e-s -t-o 
        -p-r-a-c-t-i-c-e -g-o-o-d -f-a-i-t-h -i-n -u-p-h-o-l-d-i-n-g 
        -i-t-s -r-e-s-p-o-n-s-i-b-i-l-i-t-y -t-o -p-r-o-v-i-d-e 
        -s-u-c-h -s-e-r-v-i-c-e-. -T-r-u-s-t -s-e-r-v-i-c-e-s -f-o-r 
        -i-n-d-i-v-i-d-u-a-l -I-n-d-i-a-n-s -m-e-a-n-s -o-n-l-y 
        -s-e-r-v-i-c-e-s -t-h-a-t -p-e-r-t-a-i-n -t-o -l-a-n-d -o-r 
        -f-i-n-a-n-c-i-a-l -m-a-n-a-g-e-m-e-n-t -c-o-n-n-e-c-t-e-d -t-o 
        -i-n-d-i-v-i-d-u-a-l-l-y -h-e-l-d -a-l-l-o-t-m-e-n-t-s-.
    -`-`-(-d-) -O-b-l-i-g-a-t-i-o-n -o-f -t-h-e -U-n-i-t-e-d 
-S-t-a-t-e-s-.---
            -`-`-(-1-) -T-r-u-s-t -r-e-s-p-o-n-s-i-b-i-l-i-t-y-.---
        -T-h-e -U-n-i-t-e-d -S-t-a-t-e-s -r-e-a-f-f-i-r-m-s -i-t-s 
        -t-r-u-s-t -r-e-s-p-o-n-s-i-b-i-l-i-t-y -t-o -t-h-e 
        -X-X-X-X-X-X-X -I-n-d-i-a-n -t-r-i-b-e -o-f -t-h-e 
        -X-X-X-X-X-X-X -I-n-d-i-a-n -R-e-s-e-r-v-a-t-i-o-n -t-o 
        -p-r-o-t-e-c-t -a-n-d -c-o-n-s-e-r-v-e -t-h-e -t-r-u-s-t 
        -r-e-s-o-u-r-c-e-s -o-f -t-h-e -X-X-X-X-X-X-X -I-n-d-i-a-n 
        -t-r-i-b-e -a-n-d -o-f -i-n-d-i-v-i-d-u-a-l -I-n-d-i-a-n-s -o-f 
        -t-h-e -X-X-X-X-X-X-X -I-n-d-i-a-n -R-e-s-e-r-v-a-t-i-o-n-. 
        -N-o-t-h-i-n-g -i-n -t-h-i-s -C-o-n-t-r-a-c-t -i-s 
        -i-n-t-e-n-d-e-d -t-o-, -n-o-r -s-h-a-l-l -b-e 
        -c-o-n-s-t-r-u-e-d-, -t-o -t-e-r-m-i-n-a-t-e-, -w-a-i-v-e-, 
        -m-o-d-i-f-y-, -o-r -r-e-d-u-c-e -t-h-e -t-r-u-s-t 
        -r-e-s-p-o-n-s-i-b-i-l-i-t-y -o-f -t-h-e -U-n-i-t-e-d 
        -S-t-a-t-e-s -t-o -t-h-e -t-r-i-b-e -o-r -i-n-d-i-v-i-d-u-a-l 
        -I-n-d-i-a-n-s-. -T-h-e -S-e-c-r-e-t-a-r-y -p-l-e-d-g-e-s -t-o 
        -p-r-a-c-t-i-c-e -g-o-o-d -f-a-i-t-h -i-n -u-p-h-o-l-d-i-n-g 
        -s-a-i-d -t-r-u-s-t -r-e-s-p-o-n-s-i-b-i-l-i-t-y-.
            -`-`-(-2-) -P-r-o-g-r-a-m-s -r-e-t-a-i-n-e-d-.----A-s 
        -s-p-e-c-i-f-i-e-d -i-n -t-h-e -a-n-n-u-a-l 
        -a-g-r-e-e-m-e-n-t-, -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s 
        -h-e-r-e-b-y -r-e-t-a-i-n-s -t-h-e -p-r-o-g-r-a-m-s-, 
        -s-e-r-v-i-c-e-s-, -f-u-n-c-t-i-o-n-s-, -a-n-d 
        -a-c-t-i-v-i-t-i-e-s -w-i-t-h -r-e-s-p-e-c-t -t-o -t-h-e 
        -t-r-i-b-e -t-h-a-t -a-r-e -n-o-t -s-p-e-c-i-a-l-l-y 
        -a-s-s-u-m-e-d -b-y -t-h-e -t-r-i-b-e -i-n -t-h-e -a-n-n-u-a-l 
        -a-g-r-e-e-m-e-n-t-.
    -`-`-(-e-) -O-t-h-e-r -P-r-o-v-i-s-i-o-n-s-.---
            -`-`-(-1-) -D-e-s-i-g-n-a-t-e-d -o-f-f-i-c-i-a-l-s-.----O-n 
        -o-r -b-e-f-o-r-e -t-h-e -e-f-f-e-c-t-i-v-e -d-a-t-e -o-f 
        -t-h-i-s -C-o-n-t-r-a-c-t-, -b-o-t-h -t-h-e -U-n-i-t-e-d 
        -S-t-a-t-e-s -a-n-d -t-h-e -t-r-i-b-e -s-h-a-l-l -p-r-o-v-i-d-e 
        -e-a-c-h -o-t-h-e-r -w-i-t-h -a -w-r-i-t-t-e-n 
        -d-e-s-i-g-n-a-t-i-o-n -o-f -a -s-e-n-i-o-r -o-f-f-i-c-i-a-l 
        -a-s -i-t-s -r-e-p-r-e-s-e-n-t-a-t-i-v-e -f-o-r 
        -n-o-t-i-c-e-s-, -p-r-o-p-o-s-e-d -a-m-e-n-d-m-e-n-t-s -t-o 
        -t-h-e -C-o-n-t-r-a-c-t -a-n-d -o-t-h-e-r -p-u-r-p-o-s-e-s 
        -f-o-r -t-h-i-s -C-o-n-t-r-a-c-t-.
            -`-`-(-2-) -I-n-d-i-a-n -p-r-e-f-e-r-e-n-c-e -i-n 
        -e-m-p-l-o-y-m-e-n-t-, -c-o-n-t-r-a-c-t-i-n-g-, -a-n-d 
        -s-u-b-c-o-n-t-r-a-c-t-i-n-g-.----T-r-i-b-a-l -l-a-w -s-h-a-l-l 
        -g-o-v-e-r-n -t-h-e -p-r-o-v-i-s-i-o-n -o-f -I-n-d-i-a-n 
        -p-r-e-f-e-r-e-n-c-e -i-n -e-m-p-l-o-y-m-e-n-t-, 
        -c-o-n-t-r-a-c-t-i-n-g-, -a-n-d -s-u-b-c-o-n-t-r-a-c-t-i-n-g 
        -p-u-r-s-u-a-n-t -t-o -t-h-i-s -C-o-n-t-r-a-c-t-. 
        -S-e-c-t-i-o-n -5 -o-f -t-h-e -I-n-d-i-a-n -S-e-l-f--
        -D-e-t-e-r-m-i-n-a-t-i-o-n -a-n-d -E-d-u-c-a-t-i-o-n 
        -A-s-s-i-s-t-a-n-c-e -A-c-t -s-h-a-l-l -a-p-p-l-y -t-o 
        -i-n-d-i-v-i-d-u-a-l-s -w-h-o -l-e-a-v-e -F-e-d-e-r-a-l 
        -e-m-p-l-o-y-m-e-n-t -f-o-r -t-r-i-b-a-l -e-m-p-l-o-y-m-e-n-t 
        -p-u-r-s-u-a-n-t -t-o -t-h-i-s -c-o-n-t-r-a-c-t-.
            -`-`-(-3-) -C-o-n-t-r-a-c-t -m-o-d-i-f-i-c-a-t-i-o-n-s -o-r 
        -a-m-e-n-d-m-e-n-t-.----T-o -b-e -e-f-f-e-c-t-i-v-e -a-n-y 
        -m-o-d-i-f-i-c-a-t-i-o-n-s -o-f -t-h-i-s -C-o-n-t-r-a-c-t 
        -s-h-a-l-l -b-e -i-n -t-h-e -f-o-r-m -o-f -a -w-r-i-t-t-e-n 
        -a-m-e-n-d-m-e-n-t -t-o -t-h-e -C-o-n-t-r-a-c-t-, -a-n-d 
        -s-h-a-l-l -r-e-q-u-i-r-e -t-h-e -w-r-i-t-t-e-n -c-o-n-s-e-n-t 
        -o-f -t-h-e -t-r-i-b-e -a-n-d -t-h-e -S-e-c-r-e-t-a-r-y-.
            -`-`-(-4-) -O-f-f-i-c-i-a-l-s -n-o-t -t-o 
        -b-e-n-e-f-i-t-.----N-o -M-e-m-b-e-r -o-f -C-o-n-g-r-e-s-s-, 
        -o-r -r-e-s-i-d-e-n-t -c-o-m-m-i-s-s-i-o-n-e-r-, -s-h-a-l-l 
        -b-e -a-d-m-i-t-t-e-d -t-o -a-n-y -s-h-a-r-e -o-r -p-a-r-t -o-f 
        -a-n-y -c-o-n-t-r-a-c-t -e-x-e-c-u-t-e-d -p-u-r-s-u-a-n-t -t-o 
        -t-h-i-s -C-o-n-t-r-a-c-t-, -o-r -t-o -a-n-y -b-e-n-e-f-i-t 
        -t-h-a-t -m-a-y -a-r-i-s-e -t-h-e-r-e-f-r-o-m-; -b-u-t -t-h-i-s 
        -p-r-o-v-i-s-i-o-n -s-h-a-l-l -n-o-t -b-e -c-o-n-s-t-r-u-e-d 
        -t-o -e-x-t-e-n-d -t-o -a-n-y -c-o-n-t-r-a-c-t -u-n-d-e-r 
        -t-h-i-s -C-o-n-t-r-a-c-t -i-f -m-a-d-e -w-i-t-h -a 
        -c-o-r-p-o-r-a-t-i-o-n -f-o-r -i-t-s -g-e-n-e-r-a-l 
        -b-e-n-e-f-i-t-.
            -`-`-(-5-) -C-o-v-e-n-a-n-t -a-g-a-i-n-s-t 
        -c-o-n-t-i-n-g-e-n-t -f-e-e-s-.----T-h-e -p-a-r-t-i-e-s 
        -w-a-r-r-a-n-t -t-h-a-t -n-o -p-e-r-s-o-n -o-r -s-e-l-l-i-n-g 
        -a-g-e-n-c-y -h-a-s -b-e-e-n -e-m-p-l-o-y-e-d -o-r 
        -r-e-t-a-i-n-e-d -t-o -s-o-l-i-c-i-t -o-r -s-e-c-u-r-e -a-n-y 
        -c-o-n-t-r-a-c-t -e-x-e-c-u-t-e-d -p-u-r-s-u-a-n-t -t-o 
        -t-h-i-s -C-o-n-t-r-a-c-t -u-p-o-n -a-n -a-g-r-e-e-m-e-n-t -o-r 
        -u-n-d-e-r-s-t-a-n-d-i-n-g -f-o-r -a -c-o-m-m-i-s-s-i-o-n-, 
        -p-e-r-c-e-n-t-a-g-e-, -b-r-o-k-e-r-a-g-e-, -o-r 
        -c-o-n-t-i-n-g-e-n-t -f-e-e-, -e-x-c-e-p-t-i-n-g -b-o-n-a 
        -f-i-d-e -e-m-p-l-o-y-e-e-s -o-r -b-o-n-a -f-i-d-e 
        -e-s-t-a-b-l-i-s-h-e-d -c-o-m-m-e-r-c-i-a-l -o-r -s-e-l-l-i-n-g 
        -a-g-e-n-c-i-e-s -m-a-i-n-t-a-i-n-e-d -b-y -t-h-e 
        -c-o-n-t-r-a-c-t-o-r -f-o-r -t-h-e -p-u-r-p-o-s-e -o-f 
        -s-e-c-u-r-i-n-g -b-u-s-i-n-e-s-s-. -F-o-r -b-r-e-a-c-h -o-r 
        -v-i-o-l-a-t-i-o-n -o-f -t-h-i-s -w-a-r-r-a-n-t-y -t-h-e 
        -G-o-v-e-r-n-m-e-n-t -s-h-a-l-l -h-a-v-e -t-h-e -r-i-g-h-t -t-o 
        -a-n-n-u-l -a-n-y -c-o-n-t-r-a-c-t -w-i-t-h-o-u-t 
        -l-i-a-b-i-l-i-t-y -o-r-, -i-n -i-t-s -d-i-s-c-r-e-t-i-o-n-, 
        -t-o -d-e-d-u-c-t -f-r-o-m -t-h-e -C-o-n-t-r-a-c-t -p-r-i-c-e 
        -o-r -c-o-n-s-i-d-e-r-a-t-i-o-n-, -o-r -o-t-h-e-r-w-i-s-e 
        -r-e-c-o-v-e-r-, -t-h-e -f-u-l-l -a-m-o-u-n-t -o-f -s-u-c-h 
        -c-o-m-m-i-s-s-i-o-n-, -p-e-r-c-e-n-t-a-g-e-, 
        -b-r-o-k-e-r-a-g-e-, -o-r -c-o-n-t-i-n-g-e-n-t -f-e-e-.
    -`-`-(-f-) -A-t-t-a-c-h-m-e-n-t-s-.---
            -`-`-(-1-) -A-p-p-r-o-v-a-l -o-f -c-o-n-t-r-a-c-t-.---
        -T-h-e -r-e-s-o-l-u-t-i-o-n -o-f -t-h-e -X-X-X-X-X-X-X 
        -I-n-d-i-a-n -t-r-i-b-e -a-p-p-r-o-v-i-n-g -t-h-i-s 
        -C-o-n-t-r-a-c-t -i-s -a-t-t-a-c-h-e-d -h-e-r-e-t-o -a-s 
        -a-t-t-a-c-h-m-e-n-t -1-.
            -`-`-(-2-) -A-n-n-u-a-l -a-g-r-e-e-m-e-n-t-.----T-h-e 
        -n-e-g-o-t-i-a-t-e-d -a-n-d -d-u-l-y -a-p-p-r-o-v-e-d 
        -a-n-n-u-a-l -a-g-r-e-e-m-e-n-t -w-i-t-h -r-e-s-p-e-c-t -t-o 
        -t-h-e -X-X-X-X-X-X-X -I-n-d-i-a-n -t-r-i-b-e -w-h-i-c-h 
        -s-h-a-l-l -o-n-l-y -c-o-n-t-a-i-n -t-e-r-m-s -t-h-a-t 
        -i-d-e-n-t-i-f-y -t-h-e -p-r-o-g-r-a-m-s-, -s-e-r-v-i-c-e-s-, 
        -f-u-n-c-t-i-o-n-s-, -a-n-d -a-c-t-i-v-i-t-i-e-s -t-o -b-e 
        -p-e-r-f-o-r-m-e-d-, -t-h-e -g-e-n-e-r-a-l -b-u-d-g-e-t 
        -c-a-t-e-g-o-r-y -a-s-s-i-g-n-e-d-, -t-h-e -f-u-n-d-s -t-o -b-e 
        -p-r-o-v-i-d-e-d-, -t-h-e -t-i-m-e -a-n-d -m-e-t-h-o-d -o-f 
        -p-a-y-m-e-n-t-, -a-n-d -a -r-e-q-u-i-r-e-m-e-n-t -t-h-a-t 
        -a-l-l -m-o-d-i-f-i-c-a-t-i-o-n-s -o-r -a-m-e-n-d-m-e-n-t-s 
        -s-h-a-l-l -b-e -w-r-i-t-t-e-n -a-n-d -s-i-g-n-e-d -b-y 
        -b-o-t-h -p-a-r-t-i-e-s-, -i-s -h-e-r-e-b-y 
        -i-n-c-o-r-p-o-r-a-t-e-d -i-n -i-t-s -e-n-t-i-r-e-t-y -i-n 
        -t-h-i-s -C-o-n-t-r-a-c-t -a-n-d -a-t-t-a-c-h-e-d -h-e-r-e-t-o 
        -a-s -a-t-t-a-c-h-m-e-n-t -2-.-'-'-.

-S-E-C-. -3-. -R-E-G-U-L-A-T-I-O-N-S-.

    -`-`-(-a-) -I-n -G-e-n-e-r-a-l-.----T-h-e -S-e-c-r-e-t-a-r-y -o-f 
-t-h-e -I-n-t-e-r-i-o-r -a-n-d -t-h-e -S-e-c-r-e-t-a-r-y -o-f 
-H-e-a-l-t-h -a-n-d -H-u-m-a-n -S-e-r-v-i-c-e-s -s-h-a-l-l -n-o-t 
-p-r-o-m-u-l-g-a-t-e -a-n-y -r-e-g-u-l-a-t-i-o-n -r-e-l-a-t-i-n-g -t-o 
-g-r-a-n-t-s-, -c-o-n-t-r-a-c-t-s-, -o-r -c-o-o-p-e-r-a-t-i-v-e 
-a-g-r-e-e-m-e-n-t-s -e-n-t-e-r-e-d -i-n-t-o -p-u-r-s-u-a-n-t -t-o 
-t-h-e -I-n-d-i-a-n -S-e-l-f---D-e-t-e-r-m-i-n-a-t-i-o-n -a-n-d 
-E-d-u-c-a-t-i-o-n -A-s-s-i-s-t-a-n-c-e -A-c-t -(-2-5 -U-.-S-.-C-. 
-4-5-0 -e-t -s-e-q-.-)-.
    -`-`-(-b-) -E-x-i-s-t-i-n-g -R-e-g-u-l-a-t-i-o-n-s-.----T-h-e 
-p-r-o-v-i-s-i-o-n-s -o-f -t-h-i-s -A-c-t -s-h-a-l-l -s-u-p-e-r-s-e-d-e 
-a-n-y -c-o-n-f-l-i-c-t-i-n-g -p-r-o-v-i-s-i-o-n-s -o-f -l-a-w -o-r 
-r-e-g-u-l-a-t-i-o-n -i-n -e-x-i-s-t-e-n-c-e -o-n -t-h-e -d-a-t-e -o-f 
-e-n-a-c-t-m-e-n-t -o-f -t-h-i-s -A-c-t-.

-S-E-C-. -4-. -R-E-P-E-A-L-.

    -`-`-(-a-) -I-n -G-e-n-e-r-a-l-.----S-e-c-t-i-o-n -1-0-7 -o-f 
-t-h-e -I-n-d-i-a-n -S-e-l-f---D-e-t-e-r-m-i-n-a-t-i-o-n -a-n-d 
-E-d-u-c-a-t-i-o-n -A-s-s-i-s-t-a-n-c-e -A-c-t -(-2-5 -U-.-S-.-C-. 
-4-5-0-k-) -i-s -r-e-p-e-a-l-e-d-.
    -`-`-(-b-) -C-o-n-f-o-r-m-i-n-g -A-m-e-n-d-m-e-n-t-s-.---
            -`-`-(-1-) -S-e-c-t-i-o-n -1-0-4-(-b-) -o-f -t-h-e 
        -I-n-d-i-a-n -S-e-l-f---D-e-t-e-r-m-i-n-a-t-i-o-n -a-n-d 
        -E-d-u-c-a-t-i-o-n -A-s-s-i-s-t-a-n-c-e -A-c-t -(-2-5 
        -U-.-S-.-C-. -4-5-0-h-(-b-)-) -i-s -a-m-e-n-d-i-n-g -b-y 
        -s-t-r-i-k-i-n-g -`-`-, -i-n -a-c-c-o-r-d-a-n-c-e -w-i-t-h 
        -r-e-g-u-l-a-t-i-o-n-s -a-d-o-p-t-e-d -p-u-r-s-u-a-n-t -t-o 
        -s-e-c-t-i-o-n -1-0-7-,-'-'-.
            -`-`-(-2-) -S-e-c-t-i-o-n -1-0-6-(-h-) -o-f -s-u-c-h -A-c-t 
        -(-2-5 -U-.-S-.-C-. -4-5-0-j-(-h-)-) -i-s -a-m-e-n-d-e-d -b-y 
        -s-t-r-i-k-i-n-g -`-`-a-n-d -t-h-e -r-u-l-e-s -a-n-d 
        -r-e-g-u-l-a-t-i-o-n-s -a-d-o-p-t-e-d -b-y -t-h-e 
        -S-e-c-r-e-t-a-r-i-e-s -o-f -t-h-e -I-n-t-e-r-i-o-r -a-n-d 
        -H-e-a-l-t-h -a-n-d -H-u-m-a-n -S-e-r-v-i-c-e-s 
        -p-u-r-s-u-a-n-t -t-o -s-e-c-t-i-o-n -1-0-7-'-'-.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Self-Determination Contract 
Reform Act of 1994''.

SEC. 2. GENERAL AMENDMENTS.

    The Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.) is amended--
            (1) in section 4--
                    (A) by redesignating subsections (a) through (l) as 
                paragraphs (2) through (13), respectively;
                    (B) by inserting before paragraph (2), as so 
                redesignated, the following new paragraph:
            ``(1) `Construction contract' means a fixed-price or cost-
        reimbursement self-determination contract for a construction 
        project. Such term does not include any contract--
                    ``(A) that is limited to providing architectural 
                and engineering services, planning services, or 
                construction management services (or a combination of 
                such services);
                    ``(B) for the Housing Improvement Program or roads 
                maintenance program of the Bureau of Indian Affairs 
                administered by the Secretary of the Interior; or
                    ``(C) for the health facility maintenance and 
                improvement program administered by the Secretary of 
                Health and Human Services.'';
                    (C) in each of paragraphs (2) through (12), by 
                striking the semicolon at the end and inserting a 
                period;
                    (D) in paragraph (2), as so redesignated, by 
                striking ``construction programs'' and inserting 
                ``Construction programs'';
                    (E) in paragraph (3), as so redesignated, by 
                striking ``contract funding base'' and inserting 
                ``Contract funding base'';
                    (F) in paragraph (4), as so redesignated, by 
                striking ``direct program costs'' and inserting 
                ``Direct program costs'';
                    (G) in paragraph (7), as so redesignated, by 
                striking ``indirect costs'' and inserting ``Indirect 
                costs'';
                    (H) in paragraph (8), as so redesignated, by 
                striking ``indirect costs rate'' and inserting 
                ``Indirect cost rate'';
                    (I) in paragraph (9), as so redesignated, by 
                striking ``mature contract'' and inserting ``Mature 
                contract'';
                    (J) in paragraph (11), as so redesignated, by 
                striking ``self-determination contract'' and inserting 
                ``Self-determination contract''; and
                    (K) in paragraph (13), as so redesignated, by 
                striking ``tribal organization'' and inserting ``Tribal 
                organization'';
            (2) by striking subsection (f) of section 5 and inserting 
        the following new subsection:
    ``(f)(1) For each fiscal year during which an Indian tribal 
organization receives or expends funds pursuant to a contract entered 
into, or grant made, under this Act, the tribal organization that 
requested such contract or grant shall submit to the appropriate 
Secretary a single-agency audit report required by chapter 75 of title 
31, United States Code.
    ``(2) In addition to submitting a single-agency audit report 
pursuant to paragraph (1), a tribal organization referred to in such 
paragraph shall submit such additional information concerning the 
conduct of the program, function, service, or activity carried out 
pursuant to the contract or grant that is the subject of the report as 
the tribal organization may negotiate with the Secretary.
    ``(3) Any disagreement over reporting requirements shall be subject 
to the declination criteria and procedures set forth in section 102.'';
            (3) in section 7(a), by striking ``of subcontractors'' and 
        inserting in lieu thereof ``or subcontractors (excluding tribes 
        and tribal organizations)'';
            (4) at the end of section 7, add the following new 
        subsection:
    ``(c) Notwithstanding subsections (a) and (b), with respect to any 
self-determination contract, or portion of a self-determination 
contract, that is intended to benefit one tribe, the tribal employment 
or contract preference laws adopted by such tribe shall govern with 
respect to the administration of the contract or portion of the 
contract.'';
            (5) at the end of section 102(a)(1), add the following new 
        flush sentence:
``The programs, functions, services, or activities that are contracted 
under this paragraph shall include administrative functions of the 
Department of the Interior and the Department of Health and Human 
Services (whichever is applicable) that support the delivery of 
services to Indians, including those administrative activities related 
to, but not included as part of, the service delivery programs 
described in this paragraph that are otherwise contractable. The 
administrative functions referred to in the preceding sentence shall be 
contractable without regard to the organizational level within the 
department that carries out such functions.'';
            (6) in section 102(a)--
                    (A) in paragraph (2)--
                            (i) in the first sentence, by inserting ``, 
                        or a proposal to amend or renew a self-
                        determination contract,'' before ``to the 
                        Secretary for review'';
                            (ii) in the second sentence--
                                    (I) by striking ``The'' and 
                                inserting ``Subject to the provisions 
                                of paragraph (4), the'';
                                    (II) by inserting ``and award the 
                                contract'' after ``approve the 
                                proposal''; and
                                    (III) by striking ``a specific 
                                finding is made that'' and inserting 
                                ``the Secretary provides written 
                                notification to the applicant that 
                                contains a specific finding (citing 
                                clear and convincing evidence or a 
                                controlling legal authority) that'';
                            (iii) in subparagraph (A)--
                                    (I) by inserting ``by the tribal 
                                organization'' after ``rendered''; and
                                    (II) by striking ``not be 
                                satisfactory'' and inserting ``endanger 
                                the health, safety, or welfare of the 
                                beneficiaries'';
                            (iv) in subparagraph (B), by inserting ``by 
                        the tribal organization'' after ``resources'';
                            (v) in subparagraph (C), by striking the 
                        period at the end and inserting the following: 
                        ``because--
                            ``(i) the amount of funds proposed under 
                        the contract is in excess of the applicable 
                        funding level for the contract, as determined 
                        under section 106(a); or
                            ``(ii) the program, function, service, or 
                        activity (or portion thereof) that is the 
                        subject of the proposal is beyond the scope of 
                        programs, functions, services, or activities 
                        covered under paragraph (1) because the 
                        proposal includes activities that cannot 
                        lawfully be carried out by the contractor.''; 
                        and
                            (vi) by adding at the end of the paragraph 
                        the following new flush sentence:
``Notwithstanding any other provision of law, the Secretary may extend 
or otherwise alter a 60-day or 90-day period specified in the first or 
second sentence of this subsection, if before the expiration of such 
period, the Secretary obtains the voluntary and express written consent 
of the tribe or tribal organization to extend or otherwise alter such 
period.''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(4) The Secretary shall approve any severable portion of a 
contract proposal that does not support a declination finding described 
in paragraph (2). If the Secretary determines under such paragraph that 
a contract proposal--
            ``(A) proposed in part to plan, conduct, or administer a 
        program, function, service, or activity that is beyond the 
        scope of programs covered under paragraph (1), or
            ``(B) proposes a level of funding that is in excess of the 
        applicable level determined under section 106(a),
subject to any alteration in the scope of the proposal that the 
Secretary and the tribal organization agree to, the Secretary shall, as 
appropriate, approve such portion of the program, function, service, or 
activity as is authorized under paragraph (1) or approve a level of 
funding authorized under section 106(a). If a tribal organization 
elects to carry out a severable portion of a contract proposal pursuant 
to this paragraph, subsection (b) shall only apply to the portion of 
the contract that is declined by the Secretary pursuant to this 
subsection.'';
            (7) in section 102(b)(3)--
                    (A) by inserting after ``record'' the following: 
                ``with the right to engage in full discovery relevant 
                to any issue raised in the matter''; and
                    (B) by inserting before the period the following: 
                ``, except that the tribe or tribal organization may, 
                in lieu of filing such appeal, exercise the option to 
                initiate an action in a Federal district court and 
                proceed directly to such court pursuant to section 
                110(a)'';
            (8) in section 102(d), by striking ``as provided in section 
        2671 of title 28)'' and inserting ``as provided in section 2671 
        of title 28, United States Code, and including an individual 
        who provides health care services pursuant to a personal 
        services contract with a tribal organization for the provision 
        of services in any facility owned, operated, or constructed 
        under the jurisdiction of the Indian Health Service)'';
            (9) by adding at the end of section 102 the following new 
        subsections:
    ``(e)(1) With respect to any hearing or appeal conducted pursuant 
to subsection (b)(3), the Secretary shall have the burden of proof to 
establish by clear and convincing evidence--
            ``(A) the validity of the grounds for declining the 
        contract proposal (or portion thereof); and
            ``(B) that the tribe or tribal organization, would not be 
        able after the Secretary has provided such assistance as the 
        Secretary is required to provide, to overcome the reasons for 
        the objections to the contract proposal stated in a notice of 
        declination issued by the Secretary pursuant to subsection (b).
    ``(2) Notwithstanding any other provision of law, a decision by an 
official of the Department of the Interior or the Department of Health 
and Human Services, as appropriate (referred to in this paragraph as 
the `Department') that constitutes final agency action and that relates 
to an appeal within the Department that is conducted under subsection 
(b)(3) shall be made by an official of the Department who holds a 
position at a higher organizational level within the Department than 
the level of the departmental agency (such as the Indian Health Service 
or the Bureau of Indian Affairs) in which the decision that is the 
subject of the appeal was made.
    ``(f)(1) Notwithstanding any other provision of law, a tribal 
organization that is located in Alaska that is authorized by a tribal 
resolution to enter into a contract under this Act for the operation of 
a program, function, service, or activity that meets the requirements 
of this Act may redelegate the authority to enter into such a contract 
to another tribal organization.
    ``(2) The redelegation of authority referred to in paragraph (1) 
may be carried out by formal action of the governing body of the tribal 
organization to another tribal organization, if the tribal organization 
provides advance notice of such redelegation and provides a copy of the 
contract proposal to all tribes served by the tribal organization prior 
to submitting the contract proposal to the Secretary.
    ``(3)(A) A tribe that receives notice of a proposed redelegation of 
authority under paragraph (2) may--
            ``(i) not later than 60 days after the date of receipt of 
        the notification, notify the tribal organization of its intent 
        to adopt a limiting resolution prohibiting or conditioning the 
        proposed redelegation; and
            ``(ii) during the 60-day period beginning on the date of 
        termination of the period referred to in subparagraph (A), 
        adopt and transmit such resolution to the tribal organization.
    ``(B) A tribal organization that receives notification of the 
intent of a tribe to adopt a limiting resolution pursuant to 
subparagraph (A)(i) shall not proceed with the redelegation that is the 
subject of the notification until the expiration of the period 
specified in subparagraph (A)(ii).
    ``(4) Nothing in this subsection may be construed as a limitation 
on the authority of a tribe to limit, restrict, or rescind a resolution 
to enter into a contract described in paragraph (1) at any time or in 
any manner.'';
            (10) by striking subsection (a) of section 105 and 
        inserting the following new subsection:
    ``(a)(1) Notwithstanding any other provision of law, subject to 
paragraph (2), the contracts and cooperative agreements entered into 
with, and grants made to, tribal organizations pursuant to sections 102 
and 103 shall not be subject to any Federal laws (including any 
regulations) of general applicability relating to contracts or 
discretionary cooperative agreements entered into or grants made by the 
Federal Government, except to the extent that such laws expressly apply 
to Indian tribes.
    ``(2)(A) With respect to a construction contract (or a subcontract 
of such a construction contract), the provisions of the Office of 
Federal Procurement Policy Act (41 U.S.C. 401 et seq.) and the 
regulations relating to acquisitions promulgated under such Act shall 
apply only to the extent that the application of such provision to the 
construction contract (or subcontract) is--
            ``(i) necessary to ensure that the contract may be carried 
        out in a satisfactory manner;
            ``(ii) directly related to the construction activity; and
            ``(iii) not inconsistent with this Act.
    ``(B) A list of the Federal requirements that meet the requirements 
of clauses (i) through (iii) of subparagraph (A) shall be included in 
an attachment to the contract pursuant to negotiations between the 
Secretary and the tribal organization.
    ``(C)(i) Except as provided in subparagraph (B), no Federal law 
listed in clause (ii) or any other provision of Federal law (including 
an Executive order) relating to acquisition by the Federal Government 
shall apply to a construction contract that a tribe or tribal 
organization enters into under this Act, unless expressly provided in 
such law.
    ``(ii) The laws listed in this paragraph are as follows:
            ``(I) The Federal Property and Administrative Services Act 
        of 1949 (40 U.S.C. 471 et seq.).
            ``(II) Section 3709 of the Revised Statutes.
            ``(III) Section 9(c) of the Act of Aug. 2, 1946 (60 Stat. 
        809, chapter 744).
            ``(IV) Title III of the Federal Property and Administrative 
        Services Act of 1949 (63 Stat. 393 et seq., chapter 288).
            ``(V) Section 13 of the Act of Oct. 3, 1944 (58 Stat. 770; 
        chapter 479).
            ``(VI) Chapters 21, 25, 27, 29, and 31 of title 44, United 
        States Code.
            ``(VII) The Work Hours Act of 1962 (40 U.S.C. 328 et seq.).
            ``(VIII) Section 2 of the Act of June 13, 1934 (48 Stat 
        948, chapter 483).
            ``(IX) Sections 1 through 12 of the Act of June 30, 1936 
        (49 Stat. 2036 et seq. chapter 881).
            ``(X) The Service Control Act of 1965 (41 U.S.C. 351 et 
        seq.).
            ``(XI) The Small Business Act (15 U.S.C. 631 et seq.).
            ``(XII) Executive Order Nos. 12138, 11246, 11701 and 
        11758.'';
            (11) by striking subsection (e) and inserting the following 
        new subsection:
    ``(e) If an Indian tribe or tribal organization requests 
retrocession of the appropriate Secretary for any contract or portion 
of a contract entered into pursuant to this Act, unless the tribe or 
tribal organization rescinds the request for retrocession, such 
retrocession shall become effective on--
            ``(1) the earlier of--
                    ``(A) the date that is 1 year after the date the 
                Indian tribe or tribal organization submits such 
                request; or
                    ``(B) the date on which the contract expires; or
            ``(2) such date as may be mutually agreed by the Secretary 
        and the Indian tribe.'';
            (12) by striking paragraph (2) of section 105(f) and 
        inserting the following new paragraph:
            ``(2) donate to an Indian tribe or tribal organization 
        title to any personal or real property found to be excess to 
        the needs of the Bureau of Indian Affairs, the Indian Health 
        Service, or the General Services Administration, except that--
                    ``(A) title to property and equipment (other than 
                property and equipment described in subparagraph (B)) 
                furnished by the Federal Government for use in the 
                performance of the contract or purchased with funds 
                under any self-determination contract or grant 
                agreement shall, unless otherwise requested by the 
                tribe or tribal organization, vest in the appropriate 
                tribe or tribal organization; and
                    ``(B) if property described in subparagraph (A) has 
                a value in excess of $5,000 at the time of the 
                retrocession, rescission, or termination of the self-
                determination contract or grant agreement, and if such 
                property remains in use in support of the contracted 
                program, at the option of the Secretary, upon the 
                retrocession, rescission, or termination, title to such 
                property and equipment shall revert to the Department 
                of the Interior or the Department of Health and Human 
                Services, as appropriate; and'';
            (13) by adding at the end of section 105 the following new 
        subsections:
    ``(i)(1) If a self-determination contract requires the Secretary to 
divide the administration of a program that has previously been 
administered for the benefit of a greater number of tribes than are 
represented by the tribal organization that is a party to the contract, 
the Secretary shall--
            ``(A) endeavor to minimize any adverse effect on the level 
        of services to be provided to all affected tribes;
            ``(B) notify all affected tribes that are not a party to 
        the contract, as soon as practicable after receipt of the 
        contract proposal--
                    ``(i) of the receipt of the contract proposal; and
                    ``(ii) of the right of such tribes to comment on 
                the best means of dividing the administration of the 
                program to meet the needs of all affected tribes;
            ``(C) explore the feasibility of instituting cooperative 
        agreements among the affected tribes that are not a party to 
        the contract, the tribal organization operating the contract, 
        and the Secretary; and
            ``(D)(i) identify the nature of any diminution in quality, 
        level, or quantity of services to any affected tribe resulting 
        from the division of the program; and
            ``(ii) submit a report to Congress that contains the 
        identification, together with an estimate of the funds required 
        to raise the quality, level, or quantity, of services to 
        correct the diminution.
    ``(2) In determining whether to decline a contract under section 
102(a)(2), the Secretary may not consider the effect that a contract 
proposal would have on--
            ``(A) tribes not represented by the tribe or tribal 
        organization that submits such proposal; or
            ``(B) Indians who are not served by the portion of the 
        program to be contracted.
    ``(3) The Secretary shall take such action as may be necessary to 
ensure that services are provided to the tribes not served by a self-
determination contract.
    ``(j) Upon providing notice to the Secretary, a tribal organization 
that carries out a self-determination contract may redesign a program, 
activity, function, or service carried out by the tribal organization 
under the contract, including any program standard, in such manner as 
to best meet the local geographic, demographic, economic, cultural, 
health, and institutional needs of the Indian people and tribes served 
under the contract. The Secretary shall evaluate any proposal to 
redesign any program, activity, function, or service provided under the 
contract. With respect to declining to approve a redesigned program, 
activity, function, or service under this subsection, the Secretary 
shall apply the criteria and procedures set forth in section 102.
    ``(k) For purposes of section 201(a) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 481(a)) (relating to 
Federal sources of supply, including lodging providers, airlines and 
other transportation providers), a tribal organization carrying out a 
contract, grant, or cooperative agreement under this Act shall be 
deemed an executive agency when carrying out such contract, grant, or 
agreement and the employees of the tribal organization shall be 
eligible to have access to such sources of supply on the same basis as 
employees of an executive agency have such access.
    ``(l)(1) Upon the request of an Indian tribe or tribal 
organization, the Secretary shall enter into a lease with the Indian 
tribe or tribal organization that holds title to, a leasehold interest 
in, or a beneficial interest in, a facility used by the Indian tribe or 
tribal organization for the administration and delivery of services 
under this Act.
    ``(2) The Secretary shall compensate each Indian tribe or tribal 
organization that enters into a lease under paragraph (1) for the use 
of the facility leased for the purposes specified in such paragraph. 
Such compensation may include rent, depreciation based on the useful 
life of the facility, principal and interest paid or accrued, operation 
and maintenance expenses, and such other reasonable expenses that the 
Secretary determines, by regulation, to be allowable.
    ``(m)(1) Each construction contract requested, approved, or awarded 
under this Act shall be subject to--
            ``(A) the provisions of this Act, including sections 7, 
        102(a), 102(b), 103 (d) and (e), 105(f), 106(a), 106(f), 110 
        and 111; and
            ``(B) section 314 of the Department of the Interior and 
        Related Agencies Appropriations Act, 1991 (104 Stat. 1959).
    ``(2) In providing technical assistance to tribes and tribal 
organizations in the development of construction contract proposals, 
the Secretary shall provide, not later than 30 days after receiving a 
request from a tribe or tribal organization, all information available 
to the Secretary regarding the construction project, including 
construction drawings, maps, engineering reports, design reports, plans 
of requirements, cost estimates, environmental assessments or 
environmental impact reports, and archaeological reports.
    ``(3) Prior to finalizing a construction contract proposal pursuant 
to section 102(a), and upon request of the tribe or tribal organization 
that submits the proposal, the Secretary shall provide for a 
precontract negotiation phase in the development of a contract 
proposal. Such phase shall include, at a minimum, the following 
elements:
            ``(A) The provision of technical assistance pursuant to 
        section 103 and paragraph (2).
            ``(B) A joint scoping session between the Secretary and the 
        tribe or tribal organization to review all plans, 
        specifications, engineering reports, cost estimates, and other 
        information available to the parties, for the purpose of 
        identifying all areas of agreement and disagreement.
            ``(C) An opportunity for the Secretary to revise the plans, 
        designs, or cost estimates of the Secretary in response to 
        concerns raised, or information provided by, the tribe or 
        tribal organization.
            ``(D) A negotiation session during which the Secretary and 
        the tribe or tribal organization shall seek to develop a 
        mutually agreeable contract proposal.
            ``(E) Upon the request of the tribe or tribal organization, 
        the use of an alternative dispute resolution mechanism to seek 
        resolution of all remaining areas of disagreement pursuant to 
        the dispute resolution provisions under subchapter IV of 
        chapter 5 of title 5, United States Code.
            ``(F) The submission to the Secretary by the tribe or 
        tribal organization of a final contract proposal pursuant to 
        section 102(a).
    ``(4)(A) Subject to subparagraph (B), in funding a fixed-price 
construction contract pursuant to section 106(a), the Secretary shall 
provide for the following:
            ``(i) The reasonable costs to the tribe or tribal 
        organization for general administration incurred in connection 
        with the project that is the subject of the contract.
            ``(ii) The ability of the contractor that carries out the 
        construction contract to make a reasonable profit, taking into 
        consideration the risks associated with carrying out the 
        contract and other relevant considerations.
    ``(B) In establishing a contract budget for a construction project, 
the Secretary shall not be required to separately identify the 
components described in clauses (i) and (ii) of subparagraph (A).
    ``(C) The total amount awarded under a construction contract shall 
reflect an overall fair and reasonable price to the parties, including 
the following costs:
            ``(i) The reasonable costs to the tribal organization of 
        performing the contract, taking into consideration the terms of 
        the contract and the requirements of this Act and any other 
        applicable law.
            ``(ii) The costs of preparing the contract proposal and 
        supporting cost data.
            ``(iii) The costs associated with auditing the general and 
        administrative costs of the tribal organization.
            ``(iv) In the case of a fixed-price contract, a fair profit 
        determined by taking into consideration the relevant risks and 
        local market conditions.
    ``(n) Notwithstanding any other provision of law, the rental rates 
for housing provided to an employee by the Federal Government in Alaska 
pursuant to a self-determination contract shall be determined on the 
basis of--
            ``(1) the reasonable value of the quarters and facilities 
        (as such terms are defined under section 5911 of title 5, 
        United States Code) to such employee, and
            ``(2) the circumstances under which such quarters and 
        facilities are provided to such employee,
as based on the cost of comparable private rental housing in the 
nearest established community with a year-round population of 1,500 or 
more individuals.'';
            (14) in section 106(a)--
                    (A) in paragraph (1), by inserting before the 
                period at the end of the following: ``, without regard 
                to any organizational level within the Department of 
                the Interior or the Department of Health and Human 
                Services, as appropriate, at which the program, 
                function, service, or activity or portion thereof, 
                including supportive administrative functions that are 
                otherwise contractable, is operated'';
                    (B) in paragraph (2), by inserting after ``consist 
                of'' the following: ``an amount for''; and
                    (C) by striking paragraph (3) and inserting the 
                following new paragraphs:
    ``(3)(A) The contract support costs that are eligible costs for the 
purposes of receiving funding under this Act shall include the costs of 
reimbursing each tribal contractor for reasonable and allowable costs 
of--
            ``(i) direct program expenses for the operation of the 
        Federal program that is the subject of the contract; and
            ``(ii) any additional administrative or other expense 
        related to the overhead incurred by the tribal contractor in 
        connection with the operation of the Federal program, function, 
        service, or activity pursuant to the contract.
    ``(B) On an annual basis, during such period as a tribe or tribal 
organization operates a Federal program, function, service, or activity 
pursuant to a contract entered into under this Act, the tribe or tribal 
organization shall have the option to negotiate with the Secretary the 
amount of funds that the tribe or tribal organization is entitled to 
receive under such contract pursuant to this paragraph.
    ``(4) For each fiscal year during which a self-determination 
contract is in effect, any savings attributable to the operation of a 
Federal program, function, service, or activity under a self-
determination contract by a tribe or tribal organization (including a 
cost reimbursement construction contract) shall--
            ``(A) be used to provide additional services or benefits 
        under the contract; or
            ``(B) be expended by the tribe or tribal organization in 
        the succeeding fiscal year, as provided in section 8.
    ``(5) Subject to paragraph (6), during the initial year that a 
self-determination contract is in effect, the amount required to be 
paid under paragraph (2) shall include startup costs consisting of the 
reasonable costs that have been incurred or will be incurred on a one-
time basis pursuant to the contract necessary--
            ``(A) to plan, prepare for, and assume operation of the 
        program, function, service, or activity that is the subject of 
        the contract; and
            ``(B) to ensure compliance with the terms of the contract 
        and prudent management.
    ``(6) Costs incurred before the initial year that a self-
determination contract is in effect may not be included in the amount 
required to be paid under paragraph (2) if the Secretary does not 
receive a written notification of the nature and extent of the costs 
prior to the date on which such costs are incurred.'';
            (15) in section 106(c)--
                    (A) in paragraphs (1) and (2), by striking 
                ``indirect costs'' each place it appears and inserting 
                ``indirect costs and other negotiated contract support 
                costs'';
                    (B) in paragraph (4), by striking ``and'' at the 
                end;
                    (C) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(6) an accounting of any deficiency of funds needed to 
        maintain the preexisting level of services to any tribes 
        affected by contracting activities under this Act, and a 
        statement of the amount of funds needed for transitional 
        purposes to enable contractors to convert from a Federal fiscal 
        year accounting cycle to a different accounting cycle, as 
        authorized by section 105(d).'';
            (16) in section 106(f), by inserting immediately after the 
        second sentence the following new sentence: ``For the purpose 
        of determining the 365-day period specified in this paragraph, 
        an audit report shall be deemed to have been received on the 
        date of actual receipt by the Secretary, if, within 60 days 
        after receiving the report, the Secretary does not give notice 
        of a determination by the Secretary to reject the single-agency 
        report as insufficient due to noncompliance with chapter 75 of 
        title 31, United States Code, or noncompliance with any other 
        applicable law.'';
            (17) by striking subsection (g) of section 106 and 
        inserting the following new subsection:
    ``(g) Upon the approval of a self-determination contract, the 
Secretary shall allocate to the contract the full amount of funds to 
which the contractor is entitled under section 106(a), subject to 
adjustments for each subsequent year that such tribe or tribal 
organization administers a Federal program, function, service, or 
activity under such contract.'';
            (18) by striking subsection (i) of section 106 and 
        inserting the following new subsection:
    ``(i) On an annual basis, the Secretary shall consult with, and 
solicit the participation of, Indian tribes and tribal organizations in 
the development of the budget for the Indian Health Service and the 
Bureau of Indian Affairs (including participation of Indian tribes and 
tribal organizations in formulating annual budget requests that the 
Secretary submits to the President for submission to Congress pursuant 
to section 1105 of title 31, United States Code).''; and
            (19) by adding at the end of section 106 the following new 
        subsections:
    ``(j) A tribal organization may use funds provided under a self-
determination contract to meet matching or cost participation 
requirements under other Federal and non-Federal programs.
    ``(k) Without intending any limitation, a tribal organization may, 
without the approval of the Secretary, expend funds provided under a 
self-determination contract for the following purposes, to the extent 
that the expenditure of the funds is supportive of a contracted 
program:
            ``(1) Depreciation and use allowances not otherwise 
        specifically prohibited by law, including the depreciation of 
        facilities owned by the tribe or tribal organization and 
        constructed with Federal financial assistance.
            ``(2) Publication and printing costs.
            ``(3) Building, realty, and facilities costs, including 
        rental costs or mortgage expenses.
            ``(4) Automated data processing and similar equipment or 
        services.
            ``(5) Costs for capital assets and repairs.
            ``(6) Management studies.
            ``(7) Professional services, other than services provided 
        in connection with judicial proceedings by or against the 
        United States.
            ``(8) Insurance and indemnification, including insurance 
        covering the risk of loss of or damage to property used in 
        connection with the contract without regard to the ownership of 
        such property.
            ``(9) Costs incurred to raise funds or contributions from 
        non-Federal sources for the purpose of furthering the goals and 
        objectives of the self-determination contract.
            ``(10) Interest expenses paid on capital expenditures such 
        as buildings, building renovation, or acquisition or 
        fabrication of capital equipment, and interest expenses on 
        loans necessitated due to delays by the Secretary in providing 
        funds under a contract.
            ``(11) Expenses of a governing body of a tribal 
        organization that are attributable to the management or 
        operation of programs under this Act.
            ``(12) Costs associated with the management of pension 
        funds, self-insurance funds, and other funds of the tribal 
        organization that provide for participation by the Federal 
        Government.
    ``(l) Not later than 1 year after the date of enactment of this 
subsection, the Director of the Office of Management and Budget, with 
the active participation of Indian tribes and tribal organizations, the 
Inspector General of the Department of the Interior, and the head of 
the Cost Determination Branch of the Department of Health and Human 
Services, shall develop a separate set of cost principles applicable to 
Indian tribes and tribal organizations that is consistent with the 
government-to-government, Federal-tribal relationship provided for in 
this Act.
    ``(m) Except with respect to a rescission and reassumption of a 
contract made under section 109, the Secretary shall in no circumstance 
suspend, withhold, or delay the payment of funds to a tribal 
organization under a self-determination contract.
    ``(n) The program income earned by a tribal organization in the 
course of carrying out a self-determination contract--
            ``(1) shall be used by the tribal organization to further 
        the general purposes of the contract; and
            ``(2) shall not be a basis for reducing the amount of funds 
        otherwise obligated to the contract.
    ``(o) To the extent that--
            ``(1) programs, functions, services, or activities carried 
        out by tribal organizations pursuant to contracts entered into 
        under this Act reduce the administrative or other 
        responsibilities of the Secretary with respect to the operation 
        of Indian programs and result in savings that have not 
        otherwise been included in the amount of contract funds 
        determined under subsection (a), and
            ``(2) making such savings available to tribal organizations 
        that carry out contracts under this Act will not adversely 
        affect the ability of the Secretary to carry out the 
        responsibilities of the Secretary with respect to other tribes 
        and tribal organizations,
the Secretary shall make such savings available to tribal organizations 
described in paragraph (1).
    ``(p) Notwithstanding any other provision of law (including any 
regulation), a tribal organization that carries out a self-
determination contract may, with respect to allocations within the 
approved budget of the contract, rebudget to meet contract 
requirements, if such rebudgeting would not have a significant and 
adverse effect on the level or nature of services provided pursuant to 
the contract.''.

SEC. 3. CONTRACT SPECIFICATIONS.

    Section 108 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450j) is amended to read as follows:

``SEC. 108. CONTRACT OR GRANT SPECIFICATIONS.

    ``(a) Each self-determination contract entered into under this Act, 
or grant made pursuant to this Act, shall--
            ``(1) contain, or incorporate by reference, the provisions 
        of the model agreement described in subsection (c) (with 
        modifications where indicated and the blanks appropriately 
        filled in), and
            ``(2) contain such other provisions as are agreed to by the 
        parties.
    ``(b) Notwithstanding any other provision of law, the Secretary may 
make payments pursuant to section 1(b)(4) of such model agreement. As 
provided in section 1(b)(5) of the model agreement, the records of the 
tribal government or tribal organization specified in such section 
shall not be considered Federal records for purposes of chapter 5 of 
title 5, United States Code.
    ``(c) The model agreement referred to in subsection (a)(1) reads as 
follows:

```SECTION 1. AGREEMENT BETWEEN THE SECRETARY AND THE ____ TRIBAL 
              GOVERNMENT.

    ```(a) Authority and Purpose.--
            ```(1) Authority.--This agreement, denoted a Self-
        Determination Contract (referred to in this agreement as the 
        ``Contract''), is entered into by the Secretary of the Interior 
        or the Secretary of Health and Human Services (referred to in 
        this agreement as the ``Secretary''), for and on behalf of the 
        United States pursuant to title I of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450 et 
        seq.) and by the authority of the ____ tribal government or 
        tribal organization (referred to in this agreement as the 
        ``Contractor''). Unless otherwise provided in this agreement, 
        the provisions of title I of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450 et seq.) are 
        incorporated in this agreement.
            ```(2) Purpose.--Each provision of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450 et 
        seq.) and each provision of this Contract shall be liberally 
        construed for the benefit of the Contractor to transfer the 
        funding and the following related functions, services, 
        activities, and programs (or portions thereof), including all 
        related administrative functions, from the Federal Government 
        to the Contractor: (List functions, services, activities, and 
        programs).
            ```(3) Tribal law and forums.--The laws or policies (or 
        both) and procedures of the Contractor shall be applied in the 
        performance of this Contract and the powers and decisions of 
        the tribal court of the Contractor or other dispute resolution 
        mechanism shall be binding to the extent that such laws or 
        policies (or both) and procedures are not inconsistent with 
        applicable Federal laws, including the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450 et 
        seq.), construed in accordance with the applicable canons of 
        construction.
    ```(b) Terms, Provisions, and Conditions.--
            ```(1) Term.--The term of this Contract shall not exceed 3 
        years, unless the Secretary and the Contractor agree to a 
        longer period pursuant to section 105(c)(1)(B) of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        450j(c)(1)(B)). Pursuant to section 105(d)(1) of such Act (25 
        U.S.C. 450j(d)), upon the election by the Contractor, the 
        period of this Contract shall be determined on the basis of a 
        calendar year, unless the Secretary and the Contractor agree on 
        a different period in the annual funding agreement incorporated 
        by reference in subsection (f)(2).
            ```(2) Effective date.--This Contract shall become 
        effective upon the date of the approval and execution by the 
        Contractor and the Secretary, unless the Contractor and the 
        Secretary agree on an effective date other than the date 
        specified in this paragraph.
            ```(3) Funding amount.--Subject to the availability of 
        appropriations, the Secretary shall make available to the 
        Contractor the total amount specified in the annual funding 
        agreement incorporated by reference in subsection (f)(2). Such 
        amount shall not be less than the applicable amount determined 
        pursuant to section 106(a) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450j-1).
            ```(4) Limitation of costs.--The Contractor shall not be 
        obligated to continue performance that requires an expenditure 
        of funds in excess of the amount of funds awarded under this 
        Contract. If, at any time, the Contractor has reason to believe 
        that the total amount required for performance of this Contract 
        or a specific activity conducted under this Contract would be 
        greater than the amount of funds awarded under this Contract, 
        the Contractor shall notify the appropriate Secretary. If the 
        appropriate Secretary does not take such action as may be 
        necessary to increase the amount of funds awarded under this 
        Contract, the Contractor may suspend performance of the 
        Contract until such time as additional funds are awarded. If, 
        pursuant to the preceding sentence, the Contractor suspends 
        performance of the Contract, all duties and responsibilities 
        assumed by the Contractor before the date on which the 
        Contractor suspends performance shall be transferred to the 
        appropriate Secretary, and the appropriate Secretary shall 
        carry out such duties and responsibilities.
            ```(5) Payment.--
                    ```(A) In general.--Payments to the Contractor 
                under this Contract shall--
                            ```(i) be made as expeditiously as 
                        practicable; and
                            ```(ii) include financial arrangements to 
                        cover funding during periods covered by joint 
                        resolutions adopted by Congress making 
                        continuing appropriations, to the extent 
                        permitted by such resolutions.
                    ```(B) Quarterly semiannual, lump-sum, and other 
                methods of payment.--
                            ```(i) In general.--Pursuant to section 
                        108(b) of the Indian Self-Determination and 
                        Education Assistance Act, and notwithstanding 
                        any other provision of law, for each fiscal 
                        year covered by this Contract, the Secretary 
                        shall make available to the Contractor the 
                        funds specified for the fiscal year under the 
                        annual funding agreement incorporated by 
                        reference pursuant to subsection (f)(2) by 
                        paying to the Contractor, on a quarterly basis, 
                        one-quarter of the total amount provided for in 
                        the annual funding agreement for that fiscal 
                        year, in a lump-sum payment or as semiannual 
                        payments, or any other method of payment 
                        authorized by law, in accordance with such 
                        method as may be requested by the Contractor 
                        and specified in the annual funding agreement.
                            ```(ii) Method of quarterly payment.--If 
                        quarterly payments are specified in the annual 
                        funding agreement incorporated by reference 
                        pursuant to subsection (f)(2), each quarterly 
                        payment made pursuant to clause (i) shall be 
                        made on the first day of each quarter of the 
                        fiscal year, except that in any case in which 
                        the contract year coincides with the Federal 
                        fiscal year, payment for the first quarter 
                        shall be made not later than the date that is 
                        10 calendar days after the date on which the 
                        Office of Management and Budget apportions the 
                        appropriations for the fiscal year for the 
                        programs, services, functions, and activities 
                        subject to this Contract.
                            ```(iii) Applicability.--Chapter 39 of 
                        title 31, United States Code, shall apply to 
                        the payment of funds due under this Contract 
                        and the annual funding agreement referred to in 
                        clause (i).
            ```(6) Records and monitoring.--
                    ```(A) In general.--Except for previously provided 
                copies of tribal records that the Secretary 
                demonstrates are clearly required to be maintained as 
                part of the recordkeeping system of the Department of 
                the Interior or the Department of Health and Human 
                Services (or both), records of the Contractor shall not 
                be considered Federal records for purposes of chapter 5 
                of title 5, United States Code.
                    ```(B) Recordkeeping system.--The Contractor shall 
                maintain a recordkeeping system and, upon reasonable 
                advance request, provide reasonable access to such 
                records to the Secretary.
                    ```(C) Responsibilities of contractor.--The 
                Contractor shall be responsible for managing the day-
                to-day operations conducted under this Contract and for 
                monitoring activities conducted under this Contract to 
                ensure compliance with the contract and applicable 
                Federal requirements. With respect to the monitoring 
                activities of the Secretary, the monitoring visits 
                shall be limited to not more than one performance 
                monitoring visit for this Contract by the head of each 
                operating division, departmental bureau, or 
                departmental agency, or duly authorized representative 
                of such head unless--
                            ```(i) the Contractor agrees to one or more 
                        additional visits; or
                            ```(ii) the appropriate official determines 
                        that there is reasonable cause to believe that 
                        grounds for reassumption of the Contract or 
                        other serious contract performance deficiency 
                        exists.
                No additional visit referred to in clause (i) shall be 
                made until such time as reasonable advance notice that 
                includes a description of the nature of the problem 
                that requires the additional visit has been given to 
                the Contractor.
            ```(7) Property.--
                    ```(A) In general.--As provided in section 105(f) 
                of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450j(f)), at the request of 
                the Contractor, the Secretary shall make available, or 
                transfer to the Contractor, all reasonably divisible 
                real property, facilities, equipment, and personal 
                property that the Secretary has used to provide or 
                administer the programs, services, functions, and 
                activities covered by this Contract. A mutually agreed 
                upon list specifying the property, facilities, and 
                equipment so furnished shall also be prepared by the 
                Contractor, with the concurrence of the Secretary, and 
                periodically revised by the contractor, with the 
                concurrence of the Secretary.
                    ```(B) Records.--The Secretary shall maintain a 
                record of all property referred to in subparagraph (A) 
                or other property acquired by the Contractor under 
                section 105(f)(2)(A) of such Act for purposes of 
                replacement and shall replace such property on the same 
                basis as property remaining under the control of the 
                Secretary.
                    ```(C) Joint use agreements.--Upon the request of 
                the Contractor, the Secretary and the Contractor shall 
                enter into a separate joint use agreement to address 
                the shared use by the parties of real or personal 
                property that is not reasonably divisible.
                    ```(D) Acquisition of property.--The Secretary 
                shall delegate to the Contractor the authority to 
                acquire such excess property as the Contractor may 
                determine to be appropriate in the judgment of the 
                Contractor to support the programs, services, 
                functions, and activities operated pursuant to this 
                Contract.
                    ```(E) Confiscated or excess property.--The 
                Secretary shall assist the Contractor in obtaining such 
                confiscated or excess property as may become available 
                to tribes, tribal organizations, or local governments.
                    ```(F) Screener identification card.--A screener 
                identification card (General Services Administration 
                form numbered 2946) shall be issued to the Contractor 
                not later than the effective date of this Contract. The 
                designated official shall, upon request, assist the 
                Contractor in securing the use of the card.
                    ```(G) Capital equipment.--The Contractor shall 
                determine the capital equipment, leases, rentals, 
                property, or services the Contractor requires to 
                perform the obligations of the Contractor under this 
                subsection, and shall acquire and maintain records of 
                such capital equipment, property rentals, leases, 
                property, or services through applicable tribal 
                procurement procedures.
            ```(8) Availability of funds.--Notwithstanding any other 
        provision of law, any funds provided under this contract--
                    ```(A) shall remain available until expended; and
                    ```(B) with respect to such funds, no further--
                            ```(i) approval by the Secretary, or
                            ```(ii) justifying documentation from the 
                        Contractor,
                shall be required prior to the expenditure of such 
                funds.
            ```(9) Transportation.--Beginning on the effective date of 
        this Contract, the Secretary shall authorize the Contractor to 
        obtain interagency motor pool vehicles and related services for 
        performance of any activities carried out under this Contract.
            ```(10) Regulatory authority.--Except as specifically 
        provided in the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450 et seq.) the Contractor is not 
        required to abide by Federal program guidelines, manuals, or 
        policy directives, unless otherwise agreed to by the Contractor 
        and the Secretary.
            ```(11) Disputes.--
                    ```(A) Third-party mediation defined.--For the 
                purposes of this Contract, the term ``third-party 
                mediation'' means a form of mediation whereby the 
                Secretary and the Contractor nominate a third party who 
                is not employed by or significantly involved with the 
                Secretary of the Interior, the Secretary of Health and 
                Human Services, or the Contractor, to serve as a third-
                party mediator to mediate disputes under this Contract.
                    ```(B) Alternative procedures.--In addition to, or 
                as an alternative to, remedies and procedures 
                prescribed by section 110 of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450m-1), the parties to this Contract may jointly--
                            ```(i) submit disputes under this Contract 
                        to third-party mediation;
                            ```(ii) submit the dispute to the 
                        adjudicatory body of the Contractor, including 
                        the tribal court of the Contractor;
                            ```(iii) submit the dispute to mediation 
                        processes provided for under the laws, 
                        policies, or procedures of the Contractor; or
                            ```(iv) use the administrative dispute 
                        resolution processes authorized in subchapter 
                        IV of chapter 5 of title 5, United States Code.
                    ```(C) Effect of decisions.--The Secretary shall be 
                bound by decisions made pursuant to the processes set 
                forth in subparagraph (B), except that the Secretary 
                shall not be bound by any decision that significantly 
                conflicts with the interests of Indians or the United 
                States.
            ```(12) Administrative procedures of contractor.--Pursuant 
        to the Indian Civil Rights Act of 1968 (25 U.S.C. 1301 et 
        seq.), the laws, policies, and procedures of the Contractor 
        shall provide for administrative due process (or the equivalent 
        of administrative due process) with respect to programs, 
        services, functions, and activities that are provided by the 
        Contractor pursuant to this Contract.
            ```(13) Successor annual funding agreement.--
                    ```(A) In general.--Negotiations for a successor 
                annual funding agreement, provided for in subsection 
                (f)(2), shall begin not later than 120 days prior to 
                the conclusion of the preceding annual funding 
                agreement. The funding for each such successor annual 
                funding agreement shall only be reduced pursuant to 
                section 106(b) of the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450j-1(b)).
                    ```(B) Information.--The Secretary shall prepare 
                and supply relevant information, and promptly comply 
                with any request by the Contractor for information that 
                the Contractor reasonably needs to determine the amount 
                of funds that may be available for a successor annual 
                funding agreement, as provided for in subsection (f)(2) 
                of this Contract.
            ```(14) Contract requirements; approval by secretary.--
                    ```(A) In general.--Except as provided in 
                subparagraph (B), for the term of the Contract, section 
                2103 of the Revised Statutes (25 U.S.C. 81) and section 
                16 of the Act of June 18, 1934 (48 Stat. 987, chapter 
                576; 25 U.S.C. 476), shall not apply to any contract 
                entered into in connection with this Contract.
                    ```(B) Requirements.--Each Contract entered into by 
                the Contractor with a third party in connection with 
                performing the obligations of the Contractor under this 
                Contract shall--
                            ```(i) be in writing;
                            ```(ii) identify the interested parties, 
                        the authorities of such parties, and purposes 
                        of the Contract;
                            ```(iii) state the work to be performed 
                        under the Contract; and
                            ```(iv) state the process for making any 
                        claim, the payments to be made, and the terms 
                        of the Contract, which shall be fixed.
    ```(c) Obligation of the Contractor.--
            ```(1) Contract performance.--Except as provided in 
        subsection (d)(2), the Contractor shall perform the programs, 
        services, functions, and activities as provided in the annual 
        funding agreement under subsection (f)(2) of this Contract.
            ```(2) Amount of funds.--The total amount of funds to be 
        paid under this Contract shall be determined in an annual 
        funding agreement entered into between the Secretary and the 
        Contractor, which shall be incorporated into this Contract.
            ```(3) Contracted programs.--Subject to the availability of 
        appropriated funds, the Contractor shall administer the 
        programs, services, functions, and activities identified in 
        this Contract and funded through the annual funding agreement 
        under subsection (f)(2).
            ```(4) Trust services for individual indians.--
                    ```(A) In general.--To the extent that the annual 
                funding agreement provides funding for the delivery of 
                trust services to individual Indians that have been 
                provided by the Secretary, the Contractor shall 
                maintain at least the same level of service as the 
                Secretary provided for such individual Indians, subject 
                to the availability of appropriated funds for such 
                services.
                    ```(B) Trust services to individual indians.--For 
                the purposes of this paragraph only, the term ``trust 
                services for individual Indians'' means only those 
                services that pertain to land or financial management 
                connected to individually held allotments.
            ```(5) Fair and uniform services.--The Contractor shall 
        provide services under this Contract in a fair and uniform 
        manner and shall provide access to an administrative or 
        judicial body empowered to adjudicate or otherwise resolve 
        complaints, claims, and grievances brought by program 
        beneficiaries against the Contractor arising out of the 
        performance of the Contract.
    ```(d) Obligation of the United States.--
            ```(1) Trust responsibility.--
                    ```(A) In general.--The United States reaffirms the 
                trust responsibility of the United States to the ____ 
                Indian tribe(s) to protect and conserve the trust 
                resources of the Indian tribe(s) and the trust 
                resources of individual Indians.
                    ```(B) Construction of contract.--Nothing in this 
                Contract may be construed to terminate, waive, modify, 
                or reduce the trust responsibility of the United States 
                to the tribe(s) or individual Indians.
                    ```(C) Duties of secretary.--The Secretary shall 
                act in good faith in upholding such trust 
                responsibility. To the extent that health programs are 
                included in this Contract, the Secretary shall act in 
                good faith in cooperating with the Contractor to 
                achieve the goals set forth in the Indian Health Care 
                Improvement Act (25 U.S.C. 1601 et seq.).
            ```(2) Programs retained.--As specified in the annual 
        funding agreement, the United States hereby retains the 
        programs, services, functions, and activities with respect to 
        the tribe(s) that are not specifically assumed by the 
        Contractor in the annual funding agreement under subsection 
        (f)(2).
    ```(e) Other Provisions.--
            ```(1) Designated officials.--Not later than the effective 
        date of this Contract, the United States shall provide to the 
        Contractor, and the Contractor shall provide to the United 
        States, a written designation of a senior official to serve as 
        a representative for notices, proposed amendments to the 
        Contract, and other purposes for this Contract.
            ```(2) Contract modifications or amendment.--
                    ```(A) In general.--Except as provided in 
                subparagraph (B), no modification to this Contract 
                shall take effect unless such modification is made in 
                the form of a written amendment to the Contract, and 
                the Contractor and the Secretary provide written 
                consent for the modification.
                    ```(B) Exception.--The addition of supplemental 
                funds for programs, functions, and activities (or 
                portions thereof) already included in the annual 
                funding agreement under subsection (f)(2) shall not be 
                subject to subparagraph (A).
            ```(3) Officials not to benefit.--No Member of Congress, or 
        resident commissioner, shall be admitted to any share or part 
        of any contract executed pursuant to this Contract, or to any 
        benefit that may arise from such contract. This paragraph may 
        not be construed to apply to any contract with a third party 
        entered into under this Contract if such contract is made with 
        a corporation for the general benefit of the corporation.
            ```(4) Covenant against contingent fees.--The parties 
        warrant that no person or selling agency has been employed or 
        retained to solicit or secure any contract executed pursuant to 
        this Contract upon an agreement or understanding for a 
        commission, percentage, brokerage, or contingent fee, excepting 
        bona fide employees or bona fide established commercial or 
        selling agencies maintained by the Contractor for the purpose 
        of securing business.
    ```(f) Attachments.--
            ```(1) Approval of contract.--Unless previously furnished 
        to the Secretary, the resolution of the ____ Indian tribe(s) 
        authorizing the contracting of the programs, services, 
        functions, and activities identified in this Contract is 
        attached to this Contract as attachment 1.
            ```(2) Annual funding agreement.--
                    ```(A) In general.--The negotiated and duly 
                approved annual funding agreement under this Contract 
                shall only contain--
                            ```(i) terms that identify the programs, 
                        services, functions, and activities to be 
                        performed or administered, the general budget 
                        category assigned, the funds to be provided, 
                        and the time and method of payment; and
                            ```(ii) such other provisions, including a 
                        brief description of the programs, services, 
                        functions, and activities to be performed 
                        (including those supported by financial 
                        resources other than those provided by the 
                        Secretary), as the Contractor may request and 
                        to which the parties agree.
                    ```(B) Incorporation by reference.--The annual 
                funding agreement is hereby incorporated in its 
                entirety in this Contract and attached to this Contract 
                as attachment 2.'''.

SEC. 4. ADDITIONAL AMENDMENTS.

    The Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.), as amended by sections 2 and 3, is further 
amended--
            (1) in section 109--
                    (A) by striking ``action as prescribed by him'' and 
                all that follows through ``in such cases, he'' and 
                inserting the following: ``action as prescribed by the 
                Secretary to remedy the contract deficiency, except 
                that the appropriate Secretary may, upon written notice 
                to a tribal organization, and the tribe served by the 
                tribal organization, immediately rescind a contract or 
                grant and resume control or operation of a program, 
                activity, function, or service, if the Secretary finds 
                that (i) there is an immediate threat of imminent harm 
                to the safety of any person, and (ii) such threat 
                arises from the failure of the contractor to fulfill 
                the requirements of the contract. In such cases, the 
                Secretary'';
                    (B) by striking the second period after ``the 
                tribal organization may approve''; and
                    (C) by inserting before the last sentence, the 
                following new sentence: ``In any hearing or appeal 
                provided for under this section, the Secretary shall 
                have the burden of proof to establish, by clear and 
                convincing evidence, the validity of the grounds for 
                rescinding, assuming, or reassuming the contract that 
                is the subject of the hearing.'';
            (2) in section 110(a), by inserting immediately before the 
        period at the end the following: ``(including immediate 
        injunctive relief to reverse a declination finding under 
        section 102(a)(2) or to compel the Secretary to award and fund 
        an approved self-determination contract)''; and
            (3) in section 110(d), by inserting immediately before the 
        period at the end the following: ``, except that all 
        administrative appeals relating to such contracts shall be 
        heard by the Interior Board of Contract Appeals established 
        pursuant to section 8 of such Act (41 U.S.C. 607)''.

SEC. 5. REGULATIONS.

    The Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.), as amended by sections 2 through 4, is further 
amended--
            (1) by striking subsections (a) and (b) of section 107 and 
        inserting the following new subsections:
    ``(a)(1) Except as may be specifically authorized in this 
subsection, or in any other provision of this Act, the Secretary of the 
Interior and the Secretary of Health and Human Services may not 
promulgate any regulation, nor impose any nonregulatory requirement, 
relating to self-determination contracts or the approval, award, or 
declination of such contracts, except that the Secretary of the 
Interior and the Secretary of Health and Human Services may promulgate 
regulations under this Act relating to chapter 171 of title 28, United 
States Code, commonly known as the `Federal Tort Claims Act', the 
Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.), declination 
appeal procedures, reassumption procedures, and retrocession 
procedures.
    ``(2)(A) The regulations promulgated under this Act, including the 
regulations referred to in this subsection, shall be promulgated--
            ``(i) in conformance with sections 552 and 553 of title 5, 
        United States Code and subsections (c), (d), and (e) of this 
        section; and
            ``(ii) as a single set of regulations in title 25 of the 
        Code of Federal Regulations.
    ``(B) The authority to promulgate regulations set forth in this Act 
shall expire if final regulations are not promulgated within 1 year 
after the date of enactment of the Indian Self-Determination Contract 
Reform Act of 1994.
    ``(b) The provisions of this Act shall supersede any conflicting 
provisions of law (including any conflicting regulations) in effect on 
the day before the date of enactment of the Indian Self-Determination 
Contract Reform Act of 1994.''; and
            (2) by adding at the end of section 107, the following new 
        subsections:
    ``(d)(1) In drafting and promulgating regulations as provided in 
subsection (a) (including drafting and promulgating any revised 
regulations), the Secretary of the Interior and the Secretary of Health 
and Human Services shall confer with, and allow for active 
participation by, representatives of Indian tribes, tribal 
organizations, individual tribal members, and representatives of other 
parties interested in the implementation of this Act.
    ``(2)(A) In carrying out rulemaking processes under this Act, the 
Secretary of the Interior and the Secretary of Health and Human 
Services shall follow the guidance of--
            ``(i) subchapter III of chapter 5 of title 5, United States 
        Code, commonly known as the `Negotiated Rulemaking Act of 
        1990'; and
            ``(ii) the recommendations of the Administrative Conference 
        of the United States numbered 82-4 and 85-5 entitled 
        `Procedures for Negotiating Proposed Regulations' under 
        sections 305.82-4 and 305.85-5 of title 1, Code of Federal 
        Regulations, and any successor recommendation or law (including 
        any successor regulation).
    ``(B) The tribal participants in the negotiation process referred 
to in subparagraph (A) shall be chosen by the tribes and tribal 
organizations participating in regional and national meetings that the 
Secretary shall convene. The participants shall represent the groups 
described in this paragraph and shall include tribal representatives 
from all geographic regions.
    ``(C) The negotiations referred to in subparagraph (B) shall be 
conducted in a timely manner. Proposed regulations to implement the 
amendments made by the Indian Self-Determination Contract Reform Act of 
1994 shall be published in the Federal Register by the Secretary of the 
Interior and the Secretary of Health and Human Services not later than 
180 days after the date of enactment of such Act.
    ``(D) Notwithstanding any other provision of law (including any 
regulation), the Secretary of the Interior and the Secretary of Health 
and Human Services are authorized to jointly establish and fund such 
interagency committees or other interagency bodies, including advisory 
bodies comprised of tribal representatives, as may be necessary or 
appropriate to carry out the provisions of this Act.
    ``(e) Notwithstanding any other provision of law (including any 
regulation), the Secretary may, with respect to a contract entered into 
under this Act, make exceptions in the regulations promulgated by the 
Secretary to carry out this Act, or waive such regulations, if the 
Secretary finds that such exception or waiver is in the best interest 
of the Indians served by the contract. The Secretary shall review each 
request for a waiver submitted by a tribe or tribal organization under 
this subsection in accordance with the declination criteria and 
procedures set forth in section 102(a)(2).''.

SEC. 6. CONFORMING AMENDMENTS.

    Section 105(h) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450j(h)) is amended by striking ``and the 
rules and regulations adopted by the Secretaries of the Interior and 
Health and Human Services pursuant to section 107 of this Act''.
S 2036 RS----2
S 2036 RS----3
S 2036 RS----4
S 2036 RS----5
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