II 

112TH CONGRESS 

2D SESSION S. 3685 

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

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

IN THE SENATE OF THE UNITED STATES 

DECEMBER 17, 2012 

Mr. AKAKA (for himself and Mr. BARRASSO) introduced the following bill; 

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

A BILL 

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

tribes, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

6 of 2012’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—INDIAN SELF-DETERMINATION 


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

Sec. 102. Contracts by Secretary of Interior. 

Sec. 103. Administrative provisions. 

Sec. 104. Contract funding and indirect costs. 

Sec. 105. Contract or grant specifications. 

TITLE II—TRIBAL SELF-GOVERNANCE 

Sec. 201. Tribal self-governance. 

Sec. 202. Effect of certain provisions. 

1 TITLE I—INDIAN SELF2 DETERMINATION 

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

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

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

8 the following: 

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

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

12 and the appropriate Secretary for the planning, conduct, 

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

15 tribes pursuant to Federal law, subject to the condition 

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

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

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

20 or 


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

2 subject to any Federal procurement law (including 

3 regulations);’’. 

4 (b) REPORTING AND AUDIT REQUIREMENTS.—Sec5 tion 5(b) of the Indian Self-Determination and Education 

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

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

8 or undertaking referred to in the preceding sub9 section of this section’’ and inserting ‘‘after the re10 tention period for the report that is submitted to the 

11 Secretary under subsection (a)’’; and 

12 (2) by adding at the end the following: ‘‘The re13 tention period shall be defined in regulations pro14 mulgated by the Secretary pursuant to section 

15 414.’’. 

16 (c) APPLICATION OF OTHER PROVISIONS.—Sections 

17 4, 5, 6, 7, 102(c), 104, 105(a)(1), 105(f), 110, and 111 

18 of the Indian Self-Determination and Education Assist19 ance Act, as amended (25 U.S.C. 450 et seq.) (Public Law 

20 93–638; 88 Stat. 2203) and section 314 of the Depart21 ment of the Interior and Related Agencies Appropriations 

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

23 to compacts and funding agreements entered into under 

24 title IV. 


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1 SEC. 102. CONTRACTS BY SECRETARY OF INTERIOR. 

2 Section 102 of the Indian Self-Determination and 

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

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

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

6 that’’ and inserting ‘‘economic enterprises (as de7 fined in section 3 of the Indian Financing Act of 

8 1974 (25 U.S.C. 1452)), except that’’; and 

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

10 ‘‘(f) GOOD FAITH REQUIREMENT.—Subject to sec11 tion 202 of the Department of the Interior Tribal Self12 Governance Act of 2012, in the negotiation of contracts 

13 and funding agreements, the Secretary shall— 

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

15 maximize implementation of the self-determination 

16 policy; and 

17 ‘‘(2) carry out this Act in a manner that maxi18 mizes the policy of tribal self-determination, in a 

19 manner consistent with the purposes specified in sec20 tion 3. 

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

22 202 of the Department of the Interior Tribal Self-Govern23 ance Act of 2012, each provision of this Act and each pro24 vision of a contract or funding agreement shall be liberally 

25 construed for the benefit of the Indian tribe participating 


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

2 in favor of the Indian tribe.’’. 

3 SEC. 103. ADMINISTRATIVE PROVISIONS. 

4 Section 105 of the Indian Self-Determination and 

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

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

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

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

9 102 and 103’’; and 

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

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

12 otherwise provided by law (including section 202 of the 

13 Department of the Interior Tribal Self-Governance Act of 

14 2012), the Secretary shall interpret all Federal laws (in15 cluding regulations) and Executive orders in a manner 

16 that facilitates, to the maximum extent practicable— 

17 ‘‘(1) the inclusion in self-determination con18 tracts and funding agreements of— 

19 ‘‘(A) applicable programs, services, func20 tions, and activities (or portions thereof); and 

21 ‘‘(B) funds associated with those pro22 grams, services, functions, and activities; 

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

24 contracts and funding agreements; and 


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1 ‘‘(3) the achievement of tribal health objec2 tives.’’. 

3 SEC. 104. CONTRACT FUNDING AND INDIRECT COSTS. 

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

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

6 is amended— 

7 (1) in subparagraph (A)— 

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

9 inserting ‘‘; and’’; and 

10 (B) in clause (ii), by striking ‘‘expense re11 lated to the overhead incurred’’ and inserting 

12 ‘‘expense incurred by the governing body of the 

13 Indian tribe or tribal organization and any 

14 overhead expense incurred’’; 

15 (2) by redesignating subparagraph (B) as sub16 paragraph (C); and 

17 (3) by inserting after subparagraph (A) the fol18 lowing: 

19 ‘‘(B) In calculating the reimbursement rate 

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

21 not less than 50 percent of the expenses de22 scribed in subparagraph (A)(ii) that are in23 curred by the governing body of an Indian tribe 

24 or tribal organization relating to a Federal pro25 gram, function, service, or activity carried out 


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1 pursuant to the contract shall be considered to 

2 be reasonable and allowable.’’. 

3 SEC. 105. CONTRACT OR GRANT SPECIFICATIONS. 

4 Section 108 of the Indian Self-Determination and 

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

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

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

8 ‘‘contain’’; and 

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

10 agreement contained in subsection (c), by inserting 

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

12 the Indian Self-Determination and Education Assist13 ance Act (25 U.S.C. 450f),’’ before ‘‘such other pro14 visions’’. 

15 TITLE II—TRIBAL SELF16 GOVERNANCE 

17 SEC. 201. TRIBAL SELF-GOVERNANCE. 

18 (a) DEFINITIONS.—Section 401 of the Indian Self19 Determination and Education Assistance Act (25 U.S.C. 

20 458aa) is amended to read as follows: 

21 ‘‘SEC. 401. DEFINITIONS. 

22 ‘‘In this title: 

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

24 self-governance compact entered into under section 

25 404. 


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1 ‘‘(2) CONSTRUCTION PROGRAM; CONSTRUCTION

2 PROJECT.—The term ‘construction program’ or ‘con3 struction project’ means a tribal undertaking relat4 ing to the administration, planning, environmental 

5 determination, design, construction, repair, improve6 ment, or expansion of roads, bridges, buildings, 

7 structures, systems, or other facilities for purposes 

8 of housing, law enforcement, detention, sanitation, 

9 water supply, education, administration, community, 

10 health, irrigation, agriculture, conservation, flood 

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

12 tribal purposes. 

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

14 means the Department of the Interior. 

15 ‘‘(4) FUNDING AGREEMENT.—The term ‘fund16 ing agreement’ means a funding agreement entered 

17 into under section 403. 

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

19 ‘gross mismanagement’ means a significant viola20 tion, shown by a preponderance of the evidence, of 

21 a compact, funding agreement, or statutory or regu22 latory requirement applicable to Federal funds— 

23 ‘‘(A) for a program administered by an In24 dian tribe; or 


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1 ‘‘(B) under a compact or funding agree2 ment that results in a significant reduction of 

3 funds available for the programs assumed by an 

4 Indian tribe. 

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

6 term ‘inherent Federal function’ means a Federal 

7 function that may not legally be delegated to an In8 dian tribe. 

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

10 any program, function, service, or activity (or por11 tion thereof) within the Department that is included 

12 in a funding agreement. 

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

14 the Secretary of the Interior. 

15 ‘‘(9) SELF-GOVERNANCE.—The term ‘self-gov16 ernance’ means the Tribal Self-Governance Program 

17 established under section 402. 

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

19 means the portion of all funds and resources of an 

20 Indian tribe that— 

21 ‘‘(A) support any program within the Bu22 reau of Indian Affairs, the Office of Special 

23 Trustee, or the Office of the Assistant Sec24 retary for Indian Affairs; and 


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

2 the performance of an inherent Federal func3 tion.’’. 

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

5 Self-Determination and Education Assistance Act (25 

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

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

8 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab9 lish and carry out a program within the Department to 

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

11 ‘‘(b) SELECTION OF PARTICIPATING INDIAN

12 TRIBES.— 

13 ‘‘(1) IN GENERAL.— 

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

15 through the Director of the Office of Self-Gov16 ernance, may select up to 50 new Indian tribes 

17 per year from those eligible under subsection 

18 (c) to participate in self-governance. 

19 ‘‘(B) JOINT PARTICIPATION.—On the re20 quest of each participating Indian tribe, two or 

21 more otherwise eligible Indian tribes may be 

22 treated as a single Indian tribe for the purpose 

23 of participating in self-governance. 

24 ‘‘(2) OTHER AUTHORIZED INDIAN TRIBE OR

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1 izes another Indian tribe or a tribal organization to 

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

3 this title, the authorized Indian tribe or tribal orga4 nization shall have the rights and responsibilities of 

5 the authorizing Indian tribe (except as otherwise 

6 provided in the authorizing resolution). 

7 ‘‘(3) JOINT PARTICIPATION.—Two or more In8 dian tribes that are not otherwise eligible under sub9 section (c) may be treated as a single Indian tribe 

10 for the purpose of participating in self-governance as 

11 a tribal organization if— 

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

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

14 least one of the Indian tribes participating in 

15 the tribal organization, is eligible under sub16 section (c). 

17 ‘‘(4) TRIBAL WITHDRAWAL FROM A TRIBAL OR18 GANIZATION.— 

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

20 withdraws from participation in a tribal organi21 zation, in whole or in part, shall be entitled to 

22 participate in self-governance if the Indian tribe 

23 is eligible under subsection (c). 

24 ‘‘(B) EFFECT OF WITHDRAWAL.—If an In25 dian tribe withdraws from participation in a 


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1 tribal organization, the Indian tribe shall be en2 titled to its tribal share of funds and resources 

3 supporting the programs that the Indian tribe 

4 is entitled to carry out under the compact and 

5 funding agreement of the Indian tribe. 

6 ‘‘(C) PARTICIPATION IN SELF-GOVERN7 ANCE.—The withdrawal of an Indian tribe from 

8 a tribal organization shall not affect the eligi9 bility of the tribal organization to participate in 

10 self-governance on behalf of one or more other 

11 Indian tribes, if the tribal organization still 

12 qualifies under subsection (c). 

13 ‘‘(D) WITHDRAWAL PROCESS.— 

14 ‘‘(i) IN GENERAL.—An Indian tribe 

15 may, by tribal resolution, fully or partially 

16 withdraw its tribal share of any program 

17 in a funding agreement from a partici18 pating tribal organization. 

19 ‘‘(ii) NOTIFICATION.—The Indian 

20 tribe shall provide a copy of the tribal reso21 lution described in clause (i) to the Sec22 retary. 

23 ‘‘(iii) EFFECTIVE DATE.— 

24 ‘‘(I) IN GENERAL.—A withdrawal 

25 under clause (i) shall become effective 


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1 on the date that is specified in the 

2 tribal resolution and mutually agreed 

3 upon by the Secretary, the with4 drawing Indian tribe, and the tribal 

5 organization that signed the compact 

6 and funding agreement on behalf of 

7 the withdrawing Indian tribe or tribal 

8 organization. 

9 ‘‘(II) NO SPECIFIED DATE.—In 

10 the absence of a date specified in the 

11 resolution, the withdrawal shall be12 come effective on— 

13 ‘‘(aa) the earlier of— 

14 ‘‘(AA) 1 year after the 

15 date of submission of the re16 quest; and 

17 ‘‘(BB) the date on 

18 which the funding agree19 ment expires; or 

20 ‘‘(bb) such date as may be 

21 mutually agreed upon by the Sec22 retary, the withdrawing Indian 

23 tribe, and the tribal organization 

24 that signed the compact and 

25 funding agreement on behalf of 


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1 the withdrawing Indian tribe or 

2 tribal organization. 

3 ‘‘(E) DISTRIBUTION OF FUNDS.—If an In4 dian tribe or tribal organization eligible to enter 

5 into a self-determination contract under title I 

6 or a compact or funding agreement under this 

7 title fully or partially withdraws from a partici8 pating tribal organization, the withdrawing In9 dian tribe— 

10 ‘‘(i) may elect to enter into a self-de11 termination contract or compact, in which 

12 case— 

13 ‘‘(I) the withdrawing Indian tribe 

14 or tribal organization shall be entitled 

15 to its tribal share of unexpended 

16 funds and resources supporting the 

17 programs that the Indian tribe will be 

18 carrying out under its own self-deter19 mination contract or compact and 

20 funding agreement (calculated on the 

21 same basis as the funds were initially 

22 allocated to the funding agreement of 

23 the tribal organization); and 

24 ‘‘(II) the funds referred to in 

25 subclause (I) shall be withdrawn by 


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1 the Secretary from the funding agree2 ment of the tribal organization and 

3 transferred to the withdrawing Indian 

4 tribe, on the condition that sections 

5 102 and 105(i), as appropriate, shall 

6 apply to the withdrawing Indian tribe; 

7 or 

8 ‘‘(ii) may elect not to enter into a self9 determination contract or compact, in 

10 which case all unexpended funds and re11 sources associated with the withdrawing 

12 Indian tribe’s returned programs (cal13 culated on the same basis as the funds 

14 were initially allocated to the funding 

15 agreement of the tribal organization) shall 

16 be returned by the tribal organization to 

17 the Secretary for operation of the pro18 grams included in the withdrawal. 

19 ‘‘(F) RETURN TO MATURE CONTRACT STA20 TUS.—If an Indian tribe elects to operate all or 

21 some programs carried out under a compact or 

22 funding agreement under this title through a 

23 self-determination contract under title I, at the 

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1 termination contract as long as the Indian tribe 

2 meets the requirements set forth in section 

3 4(h). 

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

5 self-governance, an Indian tribe shall— 

6 ‘‘(1) successfully complete the planning phase 

7 described in subsection (d); 

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

9 resolution or other official action by the tribal gov10 erning body; and 

11 ‘‘(3) demonstrate, for the 3 fiscal years pre12 ceding the date on which the Indian tribe requests 

13 participation, financial stability and financial man14 agement capability as evidenced by the Indian tribe 

15 having no uncorrected significant and material audit 

16 exceptions in the required annual audit of its self17 determination or self-governance agreements with 

18 any Federal agency. 

19 ‘‘(d) PLANNING PHASE.— 

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

21 begin participation in self-governance shall complete 

22 a planning phase as provided in this subsection. 

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

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

25 the Indian tribe; and 


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1 ‘‘(B) include— 

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

3 ‘‘(ii) internal tribal government plan4 ning, training, and organizational prepara5 tion. 

6 ‘‘(e) GRANTS.— 

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

8 of appropriations, an Indian tribe or tribal organiza9 tion that meets the requirements of paragraphs (2) 

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

11 grants— 

12 ‘‘(A) to plan for participation in self-gov13 ernance; and 

14 ‘‘(B) to negotiate the terms of participa15 tion by the Indian tribe or tribal organization 

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

17 and a funding agreement. 

18 ‘‘(2) RECEIPT OF GRANT NOT REQUIRED.—Re19 ceipt of a grant under paragraph (1) shall not be a 

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

21 (c) FUNDING AGREEMENTS.—Section 403 of the In22 dian Self-Determination and Education Assistance Act 

23 (25 U.S.C. 458cc) is amended— 

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

25 following: 


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

2 request of any Indian tribe or tribal organization, enter 

3 into a written funding agreement with the governing body 

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

5 consistent with— 

6 ‘‘(1) the trust responsibility of the Federal Gov7 ernment, treaty obligations, and the government-to8 government relationship between Indian tribes and 

9 the United States; and 

10 ‘‘(2) subsection (b).’’; 

11 (2) in subsection (b)— 

12 (A) in paragraph (1)— 

13 (i) in the matter preceding subpara14 graph (A), by striking ‘‘without regard to 

15 the agency or office of the Bureau of In16 dian Affairs’’ and inserting ‘‘the Office of 

17 the Assistant Secretary for Indian Affairs, 

18 and the Office of the Special Trustee, 

19 without regard to the agency or office of 

20 that Bureau or those Offices’’; 

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

22 ‘‘and’’; 

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

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


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1 (iv) by adding at the end the fol2 lowing: 

3 ‘‘(D) any other programs, services, func4 tions, or activities (or portions thereof) that are 

5 provided through the Bureau of Indian Affairs, 

6 the Office of the Assistant Secretary for Indian 

7 Affairs, or the Office of the Special Trustee 

8 with respect to which Indian tribes or Indians 

9 are primary or significant beneficiaries;’’; 

10 (B) in paragraph (2)— 

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

12 inserting ‘‘section 413(c)’’; and 

13 (ii) by inserting ‘‘and’’ after the semi14 colon at the end; 

15 (C) in paragraph (3), by striking the semi16 colon at the end and inserting a period; and 

17 (D) by striking paragraphs (4) through 

18 (9); and 

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

20 ‘‘(m) OTHER PROVISIONS.— 

21 ‘‘(1) EXCLUDED FUNDING.—A funding agree22 ment shall not authorize an Indian tribe to plan, 

23 conduct, administer, or receive tribal share funding 

24 under any program that— 


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1 ‘‘(A) is provided under the Tribally Con2 trolled Colleges and Universities Assistance Act 

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

4 ‘‘(B) is provided for elementary and sec5 ondary schools under the formula developed 

6 under section 1127 of the Education Amend7 ments of 1978 (25 U.S.C. 2007). 

8 ‘‘(2) SERVICES, FUNCTIONS, AND RESPONSIBIL9 ITIES.—A funding agreement shall specify— 

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

11 funding agreement; 

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

13 the funding agreement; and 

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

15 and the Secretary under the funding agreement. 

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

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

18 a stable base budget specifying the recurring funds 

19 (which may include funds available under section 

20 106(a)) to be transferred to the Indian tribe, for 

21 such period as the Indian tribe specifies in the fund22 ing agreement, subject to annual adjustment only to 

23 reflect changes in congressional appropriations. 

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

25 A funding agreement shall prohibit the Secretary 


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1 from waiving, modifying, or diminishing in any way 

2 the trust responsibility of the United States with re3 spect to Indian tribes and individual Indians that ex4 ists under treaties, Executive orders, court decisions, 

5 and other laws. 

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

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

8 funding agreement without the consent of the Indian tribe, 

9 unless such terms are required by Federal law. 

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

11 become effective on the date specified in the funding 

12 agreement. 

13 ‘‘(p) EXISTING AND SUBSEQUENT FUNDING AGREE14 MENTS.— 

15 ‘‘(1) SUBSEQUENT FUNDING AGREEMENTS.— 

16 Absent notification from an Indian tribe that the In17 dian tribe is withdrawing or retroceding the oper18 ation of one or more programs identified in a fund19 ing agreement, or unless otherwise agreed to by the 

20 parties to the funding agreement or by the nature 

21 of any noncontinuing program, service, function, or 

22 activity contained in a funding agreement— 

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

24 full force and effect until a subsequent funding 

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1 ally for each fiscal year the agreement is in ef2 fect; and 

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

4 agreement shall be retroactive to the end of the 

5 term of the preceding funding agreement for 

6 the purposes of calculating the amount of fund7 ing to which the Indian tribe is entitled. 

8 ‘‘(2) DISPUTES.—Disputes over the implemen9 tation of paragraph (1)(A) shall be subject to section 

10 406(c). 

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

12 Indian tribe that was participating in self-govern13 ance under this title on the date of enactment of the 

14 Department of the Interior Tribal Self-Governance 

15 Act of 2012 shall have the option at any time after 

16 that date— 

17 ‘‘(A) to retain its existing funding agree18 ment (in whole or in part) to the extent that 

19 the provisions of that funding agreement are 

20 not directly contrary to any express provision of 

21 this title; or 

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

23 in a manner consistent with this title. 

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

25 Indian tribe may, at the discretion of the Indian 


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1 tribe, negotiate with the Secretary for a funding 

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

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

4 Self-Determination and Education Assistance Act (25 

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

6 through 408 and inserting the following: 

7 ‘‘SEC. 404. COMPACTS. 

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

9 and enter into a written compact with each Indian tribe 

10 participating in self-governance in a manner consistent 

11 with the trust responsibility of the Federal Government, 

12 treaty obligations, and the government-to-government re13 lationship between Indian tribes and the United States. 

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

15 shall— 

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

17 government-to-government relationship between the 

18 Indian tribe and the Secretary; and 

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

20 shall control during the term of the compact. 

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

22 may be amended only by agreement of the parties. 

23 ‘‘(d) EFFECTIVE DATE.—The effective date of a com24 pact under subsection (a) shall be— 


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

2 by the parties; or 

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

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

5 shall remain in effect— 

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

7 or 

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

9 retrocession, or reassumption. 

10 ‘‘(f) EXISTING COMPACTS.—An Indian tribe partici11 pating in self-governance under this title, as in effect on 

12 the date of enactment of the Department of the Interior 

13 Tribal Self-Governance Act of 2012, shall have the option 

14 at any time after that date— 

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

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

17 compact are not directly contrary to any express 

18 provision of this title; or 

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

20 consistent with this title. 

21 ‘‘SEC. 405. GENERAL PROVISIONS. 

22 ‘‘(a) APPLICABILITY.—An Indian tribe and the Sec23 retary shall include in any compact or funding agreement 

24 provisions that reflect the requirements of this title. 


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

2 participating in self-governance shall ensure that internal 

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

4 and procedures, conflicts of interest in the administration 

5 of programs. 

6 ‘‘(c) AUDITS.— 

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

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

9 funding agreement under this title. 

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

11 apply cost principles under the applicable Office of 

12 Management and Budget circular, except as modi13 fied by— 

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

15 106; or 

16 ‘‘(B) any exemptions to applicable Office 

17 of Management and Budget circulars subse18 quently granted by the Office of Management 

19 and Budget. 

20 ‘‘(3) FEDERAL CLAIMS.—Any claim by the Fed21 eral Government against an Indian tribe relating to 

22 funds received under a funding agreement based on 

23 any audit under this subsection shall be subject to 

24 section 106(f). 


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

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

3 consolidate programs or reallocate funds for programs in 

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

5 best interest of the Indian community being served, so 

6 long as that the redesign or consolidation does not have 

7 the effect of denying eligibility for services to population 

8 groups otherwise eligible to be served under applicable 

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

10 consolidation, and redesign of programs described in sub11 section (b)(2) or (c) of section 403, a joint agreement be12 tween the Secretary and the Indian tribe shall be required. 

13 ‘‘(e) RETROCESSION.— 

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

15 or partially retrocede to the Secretary any program 

16 under a compact or funding agreement. 

17 ‘‘(2) EFFECTIVE DATE.— 

18 ‘‘(A) AGREEMENT.—Unless an Indian 

19 tribe rescinds a request for retrocession under 

20 paragraph (1), the retrocession shall become ef21 fective on the date specified by the parties in 

22 the compact or funding agreement. 

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

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1 pact or funding agreement, the retrocession 

2 shall become effective on— 

3 ‘‘(i) the earlier of— 

4 ‘‘(I) 1 year after the date on 

5 which the request is submitted; and 

6 ‘‘(II) the date on which the fund7 ing agreement expires; or 

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

9 agreed upon by the Secretary and the In10 dian tribe. 

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

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

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

14 title, the Indian tribe— 

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

16 Secretary for funds under section 102, except that 

17 the Indian tribe shall be eligible for new programs 

18 on the same basis as other Indian tribes; and 

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

20 of programs in accordance with the compact or 

21 funding agreement. 

22 ‘‘(g) RECORDS.— 

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

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1 ered to be Federal records for purposes of chapter 

2 5 of title 5, United States Code. 

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

4 tribe shall— 

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

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

7 days, provide the Secretary with reasonable ac8 cess to the records to enable the Department to 

9 meet the requirements of sections 3101 through 

10 3106 of title 44, United States Code. 

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

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

13 shall include a provision to monitor the performance of 

14 trust functions by the Indian tribe through the annual 

15 trust evaluation. 

16 ‘‘(b) REASSUMPTION.— 

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

18 agreement shall include provisions for the Secretary 

19 to reassume a program and associated funding if 

20 there is a specific finding relating to that program 

21 of— 

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

23 natural resources, or public health and safety 

24 that— 


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

2 the Indian tribe; and 

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

4 out the compact or funding agreement; or 

5 ‘‘(B) gross mismanagement with respect to 

6 funds transferred to an Indian tribe under a 

7 compact or funding agreement, as determined 

8 by the Secretary in consultation with the In9 spector General, as appropriate. 

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

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

12 unless— 

13 ‘‘(A) the Secretary first provides written 

14 notice and a hearing on the record to the In15 dian tribe; and 

16 ‘‘(B) the Indian tribe does not take correc17 tive action to remedy the mismanagement of 

18 the funds or programs, or the imminent jeop19 ardy to a trust asset, natural resource, or pub20 lic health and safety. 

21 ‘‘(3) EXCEPTION.— 

22 ‘‘(A) IN GENERAL.—Notwithstanding para23 graph (2), the Secretary may, on written notice 

24 to the Indian tribe, immediately reassume oper25 ation of a program if— 


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

2 imminent and substantial jeopardy and ir3 reparable harm to a trust asset, a natural 

4 resource, or the public health and safety 

5 caused by an act or omission of the Indian 

6 tribe; and 

7 ‘‘(ii) the imminent and substantial 

8 jeopardy, and irreparable harm to the trust 

9 asset, natural resource, or public health 

10 and safety arises out of a failure by the In11 dian tribe to carry out the terms of an ap12 plicable compact or funding agreement. 

13 ‘‘(B) REASSUMPTION.—If the Secretary re14 assumes operation of a program under subpara15 graph (A), the Secretary shall provide the In16 dian tribe with a hearing on the record not 

17 later than 10 days after the date of reassump18 tion. 

19 ‘‘(c) INABILITY TO AGREE ON COMPACT OR FUND20 ING AGREEMENT.— 

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

22 participating Indian tribe are unable to agree, in 

23 whole or in part, on the terms of a compact or fund24 ing agreement (including funding levels), the Indian 

25 tribe may submit a final offer to the Secretary. 


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

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

3 one or more officials designated pursuant to para4 graph (4), the Secretary shall review and make a de5 termination with respect to the final offer. 

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

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

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

9 the Secretary. 

10 ‘‘(4) DESIGNATED OFFICIALS.— 

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

12 designate one or more appropriate officials in 

13 the Department to receive a copy of the final 

14 offer described in paragraph (1). 

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

16 designated, the Executive Secretariat of the 

17 Secretary shall be the designated official. 

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

19 otherwise provided in section 202 of the Department 

20 of the Interior Tribal Self-Governance Act of 2012, 

21 if the Secretary fails to make a determination with 

22 respect to a final offer within the period specified in 

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

24 have agreed to the offer. 

25 ‘‘(6) REJECTION OF FINAL OFFER.— 


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1 ‘‘(A) IN GENERAL.—If the Secretary re2 jects a final offer (or one or more provisions or 

3 funding levels in a final offer), the Secretary 

4 shall— 

5 ‘‘(i) provide timely written notification 

6 to the Indian tribe that contains a specific 

7 finding that clearly demonstrates, or that 

8 is supported by a controlling legal author9 ity, that— 

10 ‘‘(I) the amount of funds pro11 posed in the final offer exceeds the 

12 applicable funding level as determined 

13 under section 106(a)(1); 

14 ‘‘(II) the program that is the 

15 subject of the final offer is an inher16 ent Federal function or is subject to 

17 the discretion of the Secretary under 

18 section 403(c); 

19 ‘‘(III) the Indian tribe cannot 

20 carry out the program in a manner 

21 that would not result in significant 

22 danger or risk to the public health or 

23 safety, to natural resources, or to 

24 trust resources; 


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1 ‘‘(IV) the Indian tribe is not eli2 gible to participate in self-governance 

3 under section 402(c); 

4 ‘‘(V) the funding agreement 

5 would violate a Federal statute or reg6 ulation; or 

7 ‘‘(VI) with respect to a program 

8 or portion of a program included in a 

9 final offer pursuant to section 

10 403(b)(2), the program or the portion 

11 of the program is not otherwise avail12 able to Indian tribes or Indians under 

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

14 ‘‘(ii) provide technical assistance to 

15 overcome the objections stated in the noti16 fication required by clause (i); 

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

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

19 the right to engage in full discovery 

20 relevant to any issue raised in the 

21 matter; and 

22 ‘‘(II) the opportunity for appeal 

23 on the objections raised (except that 

24 the Indian tribe may, in lieu of filing 

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1 tiate an action in a United States dis2 trict court under section 110(a)); and 

3 ‘‘(iv) provide the Indian tribe the op4 tion of entering into the severable portions 

5 of a final proposed compact or funding 

6 agreement (including a lesser funding 

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

8 reject, subject to any additional alterations 

9 necessary to conform the compact or fund10 ing agreement to the severed provisions. 

11 ‘‘(B) EFFECT OF EXERCISING CERTAIN

12 OPTION.—If an Indian tribe exercises the op13 tion specified in subparagraph (A)(iv)— 

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

15 right to appeal the rejection by the Sec16 retary under this section; and 

17 ‘‘(ii) clauses (i), (ii), and (iii) of sub18 paragraph (A) shall apply only to the por19 tion of the proposed final compact or fund20 ing agreement that was rejected by the 

21 Secretary. 

22 ‘‘(d) BURDEN OF PROOF.—In any administrative ac23 tion, hearing, or appeal or civil action brought under this 

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


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

2 the evidence, the validity of the grounds for a re3 assumption under subsection (b); and 

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

5 grounds for rejecting a final offer made under sub6 section (c). 

7 ‘‘(e) GOOD FAITH.— 

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

9 the Department of the Interior Tribal Self-Govern10 ance Act of 2012, in the negotiation of compacts 

11 and funding agreements, the Secretary shall at all 

12 times negotiate in good faith to maximize implemen13 tation of the self-governance policy. 

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

15 Department of the Interior Tribal Self-Governance 

16 Act of 2012, the Secretary shall carry out this title 

17 in a manner that maximizes the policy of tribal self18 governance. 

19 ‘‘(f) SAVINGS.— 

20 ‘‘(1) IN GENERAL.—To the extent that pro21 grams carried out for the benefit of Indian tribes 

22 and tribal organizations under this title reduce the 

23 administrative or other responsibilities of the Sec24 retary with respect to the operation of Indian pro25 grams and result in savings that have not otherwise 


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1 been included in the amount of tribal shares and 

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

3 for funding agreements entered into for programs 

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

5 savings available to the Indian tribes or tribal orga6 nizations for the provision of additional services to 

7 program beneficiaries in a manner equitable to di8 rectly served, contracted, and compacted programs. 

9 ‘‘(2) DISCRETIONARY PROGRAMS OF SPECIAL

10 SIGNIFICANCE.—For any savings generated as a re11 sult of the assumption of a program by an Indian 

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

13 made available to that Indian tribe. 

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

15 not waive, modify, or diminish in any way the trust re16 sponsibility of the United States with respect to Indian 

17 tribes and individual Indians that exists under treaties, 

18 Executive orders, other laws, or court decisions. 

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

20 final agency action and relates to an appeal within the 

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

22 made by— 

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

24 position at a higher organizational level within the 

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1 cy in which the decision that is the subject of the 

2 appeal was made; or 

3 ‘‘(2) an administrative law judge. 

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

5 202 of the Department of the Interior Tribal Self-Govern6 ance Act of 2012, each provision of this title and each 

7 provision of a compact or funding agreement shall be lib8 erally construed for the benefit of the Indian tribe partici9 pating in self-governance, and any ambiguity shall be re10 solved in favor of the Indian tribe. 

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

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

13 tribal self-governance may carry out construction projects 

14 under this title. 

15 ‘‘(b) TRIBAL OPTION TO CARRY OUT CERTAIN FED16 ERAL ENVIRONMENTAL ACTIVITIES.—In carrying out a 

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

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

19 some Federal responsibilities under the National Environ20 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the 

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

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

23 would apply if the Secretary were to undertake a construc24 tion project, by adopting a resolution— 


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

2 represent the Indian tribe and to assume the status 

3 of a responsible Federal official under those Acts or 

4 regulations; and 

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

6 States courts for the purpose of enforcing the re7 sponsibilities of the certifying tribal officer assuming 

8 the status of a responsible Federal official under 

9 those Acts or regulations. 

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

11 (b), nothing in this section authorizes the Secretary to in12 clude in any compact or funding agreement duties of the 

13 Secretary under the National Environmental Policy Act 

14 (42 U.S.C. 4321 et seq.), the National Historic Preserva15 tion Act (16 U.S.C. 470 et seq.), and other related provi16 sions of law that are inherent Federal functions. 

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

18 construction project under this title, an Indian tribe 

19 shall— 

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

21 and tribal building codes, architectural and engineer22 ing standards, and applicable Federal guidelines re23 garding design, space, and operational standards, 

24 appropriate for the particular project; and 

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


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

2 in which the facility will be built; and 

3 ‘‘(B) certify that— 

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

5 work required by the specific construction 

6 involved; and 

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

8 plans and specifications meet or exceed the 

9 applicable construction and safety codes. 

10 ‘‘(e) TRIBAL ACCOUNTABILITY.— 

11 ‘‘(1) IN GENERAL.—In carrying out a construc12 tion project under this title, an Indian tribe shall as13 sume responsibility for the successful completion of 

14 the construction project and of a facility that is usa15 ble for the purpose for which the Indian tribe re16 ceived funding. 

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

18 project carried out by an Indian tribe under this 

19 title, the Indian tribe and the Secretary shall nego20 tiate a provision to be included in the funding agree21 ment that identifies— 

22 ‘‘(A) the approximate start and completion 

23 dates for the project, which may extend over a 

24 period of one or more years; 


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

2 including the scope of work, references to de3 sign criteria, and other terms and conditions; 

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

5 and the Secretary for the project; 

6 ‘‘(D) how project-related environmental 

7 considerations will be addressed; 

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

9 project; 

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

11 comply with the codes referenced in subsection 

12 (c)(1) and applicable Federal laws and regula13 tions; 

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

15 will bear any additional costs necessary to meet 

16 changes in scope, or errors or omissions in de17 sign and construction; and 

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

19 issue a certificate of occupancy, if requested by 

20 the Indian tribe, based upon the review and 

21 verification by the Secretary, to the satisfaction 

22 of the Secretary, that the Indian tribe has se23 cured upon completion the review and approval 

24 of the plans and specifications, sufficiency of 

25 design, life safety, and code compliance by 


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1 qualified, licensed, and independent architects 

2 and engineers. 

3 ‘‘(f) FUNDING.— 

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

5 the Department of the Interior Tribal Self-Govern6 ance Act of 2012, funding appropriated for con7 struction projects carried out under this title shall 

8 be included in funding agreements as annual or 

9 semiannual advance payments at the option of the 

10 Indian tribe. 

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

12 202 of the Department of the Interior Tribal Self13 Governance Act of 2012, the Secretary shall include 

14 all associated project contingency funds with each 

15 advance payment, and the Indian tribe shall be re16 sponsible for the management of such contingency 

17 funds. 

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

19 tribe, construction project funding proposals shall be nego20 tiated pursuant to the statutory process in section 105, 

21 and any resulting construction project agreement shall be 

22 incorporated into the funding agreement as addenda. 

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

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

25 by the Secretary and the Indian tribe— 


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

2 to the satisfaction of the Secretary, that project 

3 planning and design documents prepared by the 

4 Indian tribe in advance of initial construction 

5 are in conformity with the obligations of the In6 dian tribe under subsection (c); and 

7 ‘‘(B) before the project planning and de8 sign documents are implemented, the Secretary 

9 shall review and verify to the satisfaction of the 

10 Secretary that subsequent document amend11 ments which result in a significant change in 

12 construction are in conformity with the obliga13 tions of the Indian tribe under subsection (c). 

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

15 the Secretary with project progress and financial re16 ports not less than semiannually. 

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

18 conduct onsite project oversight visits semiannually 

19 or on an alternate schedule agreed to by the Sec20 retary and the Indian tribe. 

21 ‘‘(i) APPLICATION OF OTHER LAWS.—Unless other22 wise agreed to by the Indian tribe and except as otherwise 

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

24 Procurement Policy Act (41 U.S.C. 401 et seq.), the Fed25 eral Acquisition Regulations issued pursuant to that Act, 


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1 or any other law or regulation pertaining to Federal pro2 curement (including Executive orders) shall apply to any 

3 construction program or project carried out under this 

4 title. 

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

6 the Department of the Interior Tribal Self-Governance Act 

7 of 2012, upon completion of a facility constructed under 

8 this title, the Secretary shall include the facility among 

9 those eligible for annual operation and maintenance fund10 ing support comparable to that provided for similar facili11 ties funded by the Department as annual appropriations 

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

13 complexity and other factors do not exceed the funding 

14 formula criteria for comparable buildings. 

15 ‘‘SEC. 408. PAYMENT. 

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

17 body of an Indian tribe and under the terms of an applica18 ble funding agreement, the Secretary shall provide funding 

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

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

21 the Indian tribe, a funding agreement shall provide for 

22 an advance annual payment to an Indian tribe. 

23 ‘‘(c) AMOUNT.— 

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

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1 vide funds to the Indian tribe under a funding 

2 agreement for programs in an amount that is equal 

3 to the amount that the Indian tribe would have been 

4 entitled to receive under contracts and grants under 

5 this Act (including amounts for direct program and 

6 contract support costs and, in addition, any funds 

7 that are specifically or functionally related to the 

8 provision by the Secretary of services and benefits to 

9 the Indian tribe or its members) without regard to 

10 the organization level within the Department at 

11 which the programs are carried out. 

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

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

14 to, another Indian tribe. 

15 ‘‘(d) TIMING.— 

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

17 any compact or funding agreement entered into 

18 under this title, the Secretary shall transfer to the 

19 Indian tribe all funds provided for in the funding 

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

21 funding for periods covered by joint resolution 

22 adopted by Congress making continuing appropria23 tions, to the extent permitted by such resolution. 

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

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1 terior Tribal Self-Governance Act of 2012, in any in2 stance in which a funding agreement requires an an3 nual transfer of funding to be made at the beginning 

4 of a fiscal year or requires semiannual or other peri5 odic transfers of funding to be made commencing at 

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

7 shall be made not later than 10 days after the ap8 portionment of such funds by the Office of Manage9 ment and Budget to the Department, unless the 

10 funding agreement provides otherwise. 

11 ‘‘(e) AVAILABILITY.—Funds for trust services to indi12 vidual Indians shall be available under a funding agree13 ment only to the extent that the same services that would 

14 have been provided by the Secretary are provided to indi15 vidual Indians by the Indian tribe. 

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

17 may provide for multiyear funding. 

18 ‘‘(g) LIMITATIONS ON AUTHORITY OF THE SEC19 RETARY.—The Secretary shall not— 

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

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

22 service unit office or other funds due under this title 

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

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


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

2 transfer over a period of years; or 

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

4 this title— 

5 ‘‘(A) to make funding available for self6 governance monitoring or administration by the 

7 Secretary; 

8 ‘‘(B) in subsequent years, except as nec9 essary as a result of— 

10 ‘‘(i) a reduction in appropriations 

11 from the previous fiscal year for the pro12 gram to be included in a compact or fund13 ing agreement; 

14 ‘‘(ii) a congressional directive in legis15 lation or an accompanying report; 

16 ‘‘(iii) a tribal authorization; 

17 ‘‘(iv) a change in the amount of pass18 through funds subject to the terms of the 

19 funding agreement; or 

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

21 program for which the funds were pro22 vided; 

23 ‘‘(C) to pay for Federal functions, includ24 ing— 

25 ‘‘(i) Federal pay costs; 


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1 ‘‘(ii) Federal employee retirement ben2 efits; 

3 ‘‘(iii) automated data processing; 

4 ‘‘(iv) technical assistance; and 

5 ‘‘(v) monitoring of activities under 

6 this title; or 

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

8 displaced by self-determination contracts under 

9 this Act or self-governance under this title. 

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

11 elects to carry out a compact or funding agreement with 

12 the use of Federal personnel, Federal supplies (including 

13 supplies available from Federal warehouse facilities), Fed14 eral supply sources (including lodging, airline transpor15 tation, and other means of transportation, including the 

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

17 resources (including supplies, services, and resources 

18 available to the Secretary under any procurement con19 tracts in which the Department is eligible to participate), 

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

21 transfer such personnel, supplies, or resources to the In22 dian tribe under this title. 

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

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


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1 due under a compact or funding agreement authorized 

2 under this title. 

3 ‘‘(j) INTEREST OR OTHER INCOME.— 

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

5 interest or income earned on any funds paid under 

6 a compact or funding agreement to carry out gov7 ernmental purposes. 

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

9 retention of interest or income under paragraph (1) 

10 shall not diminish the amount of funds an Indian 

11 tribe is entitled to receive under a funding agree12 ment in the year the interest or income is earned or 

13 in any subsequent fiscal year. 

14 ‘‘(3) INVESTMENT STANDARD.—Funds trans15 ferred under this title shall be managed by the In16 dian tribe using the prudent investment standard, 

17 provided that the Secretary shall not be liable for 

18 any investment losses of funds managed by the In19 dian tribe that are not otherwise guaranteed or in20 sured by the Federal Government. 

21 ‘‘(k) CARRYOVER OF FUNDS.— 

22 ‘‘(1) IN GENERAL.—Notwithstanding any provi23 sion of an appropriations Act, all funds paid to an 

24 Indian tribe in accordance with a compact or fund25 ing agreement shall remain available until expended. 


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

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

3 next, the carryover shall not diminish the amount of 

4 funds the Indian tribe is entitled to receive under a 

5 funding agreement in that fiscal year or any subse6 quent fiscal year. 

7 ‘‘(l) LIMITATION OF COSTS.— 

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

9 be obligated to continue performance that requires 

10 an expenditure of funds in excess of the amount of 

11 funds transferred under a compact or funding agree12 ment. 

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

14 time the Indian tribe has reason to believe that the 

15 total amount provided for a specific activity under a 

16 compact or funding agreement is insufficient, the In17 dian tribe shall provide reasonable notice of such in18 sufficiency to the Secretary. 

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

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

21 increase the amount of funds transferred under the 

22 funding agreement, the Indian tribe may suspend 

23 performance of the activity until such time as addi24 tional funds are transferred. 


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

2 reduces any programs, services, or funds of, or pro3 vided to, another Indian tribe. 

4 ‘‘(m) DISTRIBUTION OF FUNDS.—The Office of Self5 Governance shall be responsible for distribution of all Bu6 reau of Indian Affairs funds provided under this title un7 less otherwise agreed by the parties to an applicable fund8 ing agreement. 

9 ‘‘(n) APPLICABILITY.—Section 202 of the Depart10 ment of the Interior Tribal Self-Governance Act of 2012 

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

12 ‘‘SEC. 409. FACILITATION. 

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

14 law (including section 202 of the Department of the Inte15 rior Tribal Self-Governance Act of 2012), the Secretary 

16 shall interpret each Federal law and regulation in a man17 ner that facilitates— 

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

19 agreements; and 

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

21 ‘‘(b) REGULATION WAIVER.— 

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

23 to the Secretary a written request for a waiver of 

24 applicability of a Federal regulation, including— 


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

2 the regulation sought to be waived; and 

3 ‘‘(B) the basis for the request. 

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

5 Not later than 120 days after receipt by the Sec6 retary and the designated officials under paragraph 

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

8 shall approve or deny the requested waiver in writ9 ing to the Indian tribe. 

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

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

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

13 the Secretary. 

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

15 shall designate one or more appropriate officials in 

16 the Department to receive a copy of the waiver re17 quest described in paragraph (1). 

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

19 may deny a request under paragraph (1)— 

20 ‘‘(A) for a program eligible under para21 graph (1) or (2) of section 403(b), only upon a 

22 specific finding by the Secretary that the identi23 fied text in the regulation may not be waived 

24 because such a waiver is prohibited by Federal 

25 law; and 


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

2 403(c), upon a specific finding by the Secretary 

3 that the waiver is prohibited by Federal law or 

4 is inconsistent with the express provisions of 

5 the funding agreement. 

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

7 the Secretary fails to approve or deny a waiver re8 quest within the period required under paragraph 

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

10 the request. 

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

12 under this section shall be final for the Department. 

13 ‘‘SEC. 410. DISCLAIMERS. 

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

15 authority of the Secretary in a manner that authorizes the 

16 Secretary to enter into any agreement under section 

17 403— 

18 ‘‘(1) with respect to an inherent Federal func19 tion; 

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

21 program explicitly prohibits the type of participation 

22 sought by the Indian tribe (without regard to wheth23 er one or more Indian tribes are identified in the au24 thorizing law); or 


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1 ‘‘(3) that limits or reduces in any way the serv2 ices, contracts, or funds that any other Indian tribe 

3 or tribal organization is eligible to receive under sec4 tion 102 or any other applicable Federal law. 

5 ‘‘SEC. 411. DISCRETIONARY APPLICATION OF OTHER SEC6 TIONS. 

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

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

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

10 incorporated in any compact or funding agreement under 

11 this title. 

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

13 subsection (a) shall— 

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

15 in full in this title; 

16 ‘‘(2) supplement or replace any related provi17 sion in this title; and 

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

19 this title. 

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

21 incorporation at the negotiation stage of a compact or 

22 funding agreement, the incorporation shall— 

23 ‘‘(1) be effective immediately; and 

24 ‘‘(2) control the negotiation and resulting com25 pact and funding agreement. 


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1 ‘‘SEC. 412. ANNUAL BUDGET LIST. 

2 ‘‘The Secretary shall list, in the annual budget re3 quest submitted to Congress under section 1105 of title 

4 31, United States Code, any funds proposed to be included 

5 in funding agreements authorized under this Act. 

6 ‘‘SEC. 413. REPORTS. 

7 ‘‘(a) IN GENERAL.— 

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

9 year, the Secretary shall submit to Congress a re10 port regarding the administration of this title. 

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

12 to the Office of Self-Governance and to the appro13 priate Committees of Congress a detailed annual 

14 analysis of unmet tribal needs for funding agree15 ments under this title. 

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

17 shall— 

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

19 funding agreements, annual audit reports, and data 

20 of the Secretary regarding the disposition of Federal 

21 funds; 

22 ‘‘(2) identify— 

23 ‘‘(A) the relative costs and benefits of self24 governance; 

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

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1 sion by the Secretary of services and benefits to 

2 self-governance Indian tribes and members of 

3 Indian tribes; 

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

5 tribe and the corresponding reduction in the 

6 Federal employees and workload; and 

7 ‘‘(D) the funding formula for individual 

8 tribal shares of all Central Office funds, to9 gether with the comments of affected Indian 

10 tribes, developed under subsection (d); 

11 ‘‘(3) before being submitted to Congress, be dis12 tributed to the Indian tribes for comment (with a 

13 comment period of no less than 30 days); 

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

15 of each Indian tribe or tribal organization; and 

16 ‘‘(5) include a list of— 

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

18 determines, in consultation with Indian tribes 

19 participating in self-governance, are eligible for 

20 negotiation to be included in a funding agree21 ment at the request of a participating Indian 

22 tribe; and 

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

24 have formally requested to include in a funding 

25 agreement under section 403(c) due to the speVerDate Mar 15 2010 03:07 Dec 21, 2012 Jkt 029200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S3685.IS S3685

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1 cial geographic, historical, or cultural signifi2 cance of the program to the Indian tribe, indi3 cating whether each request was granted or de4 nied, and stating the grounds for any denial. 

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

6 ‘‘(1) IN GENERAL.—In order to optimize oppor7 tunities for including non-Bureau of Indian Affairs 

8 and non-Office of Special Trustee programs in 

9 agreements with Indian tribes participating in self10 governance under this title, the Secretary shall re11 view all programs administered by the Department, 

12 other than through the Bureau of Indian Affairs or 

13 Office of the Special Trustee, without regard to the 

14 agency or office concerned. 

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

16 shall establish programmatic targets, after consulta17 tion with Indian tribes participating in self-govern18 ance, to encourage bureaus of the Department to en19 sure that an appropriate portion of those programs 

20 are available to be included in funding agreements. 

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

22 (b)(5) and targets under paragraph (2) shall be pub23 lished in the Federal Register and made available to 

24 any Indian tribe participating in self-governance. 

25 ‘‘(4) ANNUAL REVIEW.— 


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

2 annually review and publish in the Federal Reg3 ister, after consultation with Indian tribes par4 ticipating in self-governance, revised lists and 

5 programmatic targets. 

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

7 lists and programmatic targets, the Secretary 

8 shall consider all programs that were eligible 

9 for contracting in the original list published in 

10 the Federal Register in 1995, except for pro11 grams specifically determined not to be 

12 contractible as a matter of law. 

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

14 later than January 1, 2013, the Secretary shall, in con15 sultation with Indian tribes, develop a funding formula to 

16 determine the individual tribal share of funds controlled 

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

18 the Office of the Special Trustee for inclusion in the com19 pacts. 

20 ‘‘SEC. 414. REGULATIONS. 

21 ‘‘(a) IN GENERAL.— 

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

23 after the date of enactment of the Department of 

24 the Interior Tribal Self-Governance Act of 2012, the 

25 Secretary shall initiate procedures under subchapter 


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

2 negotiate and promulgate such regulations as are 

3 necessary to carry out this title. 

4 ‘‘(2) PUBLICATION OF PROPOSED REGULA5 TIONS.—Proposed regulations to implement this title 

6 shall be published in the Federal Register not later 

7 than 21 months after the date of enactment of the 

8 Department of the Interior Tribal Self-Governance 

9 Act of 2012. 

10 ‘‘(3) EXPIRATION OF AUTHORITY.—The author11 ity to promulgate regulations under paragraph (1) 

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

13 date of enactment of the Department of the Interior 

14 Tribal Self-Governance Act of 2012. 

15 ‘‘(b) COMMITTEE.— 

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

17 committee established pursuant to section 565 of 

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

19 shall have as its members only representatives of the 

20 Federal Government and tribal government. 

21 ‘‘(2) LEAD AGENCY.—Among the Federal rep22 resentatives described in paragraph (1), the Office of 

23 Self-Governance shall be the lead agency for the De24 partment. 


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

2 shall adapt the negotiated rulemaking procedures to the 

3 unique context of self-governance and the government-to4 government relationship between the United States and 

5 Indian tribes. 

6 ‘‘(d) EFFECT.— 

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

8 regulation that is inconsistent with this Act. 

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

10 section 202 of the Department of the Interior Tribal 

11 Self-Governance Act of 2012, this title shall super12 sede any conflicting provision of law (including any 

13 conflicting regulations). 

14 ‘‘(3) EFFECTIVENESS WITHOUT REGARD TO

15 REGULATIONS.—The lack of promulgated regula16 tions on an issue shall not limit the effect or imple17 mentation of this title. 

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

19 GUIDANCE, AND RULES. 

20 ‘‘Unless expressly agreed to by a participating Indian 

21 tribe in a compact or funding agreement, the participating 

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

23 policy, manual, guidance, or rule adopted by the Depart24 ment, except for— 


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

2 and 

3 ‘‘(2) regulations promulgated pursuant to sec4 tion 414. 

5 ‘‘SEC. 416. APPEALS. 

6 ‘‘Except as provided in section 406(d), in any admin7 istrative action, appeal, or civil action for judicial review 

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

9 the Secretary shall have the burden of proof of dem10 onstrating by a preponderance of the evidence— 

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

12 and 

13 ‘‘(2) the consistency of the decision with the re14 quirements and policies of this title. 

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

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

17 Related Agencies Appropriations Act, 1991 (Public Law 

18 101–512; 104 Stat. 1959), shall apply to compacts and 

19 funding agreements entered into under this title. 

20 ‘‘SEC. 418. AUTHORIZATION OF APPROPRIATIONS. 

21 ‘‘There are authorized to be appropriated such sums 

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

23 SEC. 202. EFFECT OF CERTAIN PROVISIONS. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) FUNDING AGREEMENT.—The term ‘‘fund2 ing agreement’’ means a funding agreement entered 

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

4 458cc). 

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

6 the Indian Self-Determination and Education Assist7 ance Act (25 U.S.C. 450 et seq.). 

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

9 program’’ means all or a portion of a program, func10 tion, service, or activity that is administered by any 

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

12 of the Interior other than through— 

13 (A) the Bureau of Indian Affairs; 

14 (B) the Office of the Assistant Secretary 

15 for Indian Affairs; or 

16 (C) the Office of the Special Trustee for 

17 American Indians. 

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

19 the Secretary of the Interior. 

20 (5) SELF-DETERMINATION CONTRACT.—The 

21 term ‘‘self-determination contract’’ means a self-de22 termination contract entered into under section 102 

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

24 (6) TRIBAL WATER SETTLEMENT.—The term 

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


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1 compact, or other agreement entered into by an In2 dian tribe and the United States, or by an Indian 

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

4 that— 

5 (A) settles or quantifies any Federal re6 served water rights or any claims relating to 

7 those rights of the Indian tribe; and 

8 (B) has been authorized by an Act of Con9 gress. 

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

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

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

13 regulations), as added by section 201)— 

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

15 or effect of— 

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

17 (25 U.S.C. 450f(a)(1)(E)), as in effect on the 

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

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

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

21 (25 U.S.C. 458cc), as in effect on the day be22 fore the date of enactment of this Act; 

23 (2) increases, limits, modifies, or otherwise af24 fects any authority of the Secretary that the Sec25 retary held on the day before the date of enactment 


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

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

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

4 program in— 

5 (A) a self-determination contract as a pro6 gram under section 102(a)(1)(E) of the 

7 ISDEAA (25 U.S.C. 450f(a)(1)(E)) if the in8 clusion of that non-BIA program in a self-de9 termination contract as a program under that 

10 section would not have been authorized under 

11 the ISDEAA on the day before the date of en12 actment of this Act; 

13 (B) a funding agreement as a program 

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

15 U.S.C. 458cc(b)(2)) if the inclusion of that non16 BIA program in a funding agreement as a pro17 gram under that section would not have been 

18 authorized on the day before the date of enact19 ment of this Act; or 

20 (C) a funding agreement as a program 

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

22 U.S.C. 458cc(c)) if the inclusion of that non23 BIA program in a funding agreement as a pro24 gram under that section would not have been 


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1 authorized under the ISDEAA on the day be2 fore the date of enactment of this Act; 

3 (4) modifies or otherwise affects the meaning, 

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

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

6 (B) expressly authorizes or prohibits con7 tracting or compacting under title I or title IV 

8 of the ISDEAA with respect to a specific pro9 gram or project that is identified or otherwise 

10 referred to in that provision of law; 

11 (5) modifies or otherwise affects the meaning, 

12 application, or effect of, or the performance required 

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

14 (A) a tribal water settlement; or 

15 (B) any Act of Congress approving, au16 thorizing, or ratifying a tribal water settlement; 

17 or 

18 (6) authorizes any self-determination contract 

19 or funding agreement or approval of any self-deter20 mination contract or funding agreement under the 

21 ISDEAA (as amended by section 201) that would 

22 authorize an Indian tribe to plan, conduct, consoli23 date, administer, or receive funding for any pro24 gram, project, or activity that is required, author25 ized, or funded by a tribal water settlement or an 


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1 Act of Congress approving, authorizing, or ratifying 

2 a tribal water settlement in a manner that is incon3 sistent with the terms of that tribal water settlement 

4 or that Act of Congress. 

Æ 


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