II

105TH CONGRESS

2D SESSION S. 2097

To encourage and facilitate the resolution of conflicts involving Indian tribes,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 20, 1998

Mr. CAMPBELL introduced the following bill; which was read twice and

referred to the Committee on Indian Affairs

A BILL

To encourage and facilitate the resolution of conflicts

involving 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.

4 This Act may be cited as the ‘‘Indian Tribal Conflict

5 Resolution and Tort Claims and Risk Management Act

6 of 1998’’.

7 SEC. 2. FINDINGS; PURPOSES.

8 (a) FINDINGS.—Congress finds that—
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1 (1) Indian tribal sovereignty predates the for2 mation of the United States and the United States

3 Constitution;

4 (2) a unique legal and political relationship ex5 ists between the United States and Indian tribes;

6 (3) through treaties, statutes, Executive orders,

7 and course of dealing, the United States has recog8 nized tribal sovereignty and the unique relationship

9 that the United States has with Indian tribes;

10 (4) Indian tribal governments exercise govern11 mental authority and powers over persons and ac12 tivities within the territory and lands under the ju13 risdiction of those governments;

14 (5) conflicts involving Indian tribal governments

15 may necessitate the active involvement of the United

16 States in the role of the trustee for Indian tribes;

17 (6) litigation involving Indian tribes, that often

18 requires the United States to intervene as a litigant,

19 is costly, lengthy, and contentious;

20 (7) for many years, alternative dispute resolu21 tion has been used successfully to resolve disputes in

22 the private sector, and in the public sector;

23 (8) alternative dispute resolution—

24 (A) results in expedited decisionmaking;

25 and
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1 (B) is less costly, and less contentious than

2 litigation;

3 (9) it is necessary to facilitate intergovern4 mental agreements between Indian tribes and States

5 and political subdivisions thereof;

6 (10) Indian tribes have made significant

7 achievements toward developing a foundation for

8 economic self-sufficiency and self-determination, and

9 that economic self-sufficiency and self-determination

10 have increased opportunities for the Indian tribes

11 and other entities and persons to interact more fre12 quently in commerce and intergovernmental relation13 ships;

14 (11) although Indian tribes have sought and se15 cured liability insurance coverage to meet their

16 needs, many Indian tribes are faced with significant

17 barriers to obtaining liability insurance because of

18 the high cost or unavailability of such coverage in

19 the private market;

20 (12) as a result, Congress has extended liability

21 coverage provided to Indian tribes to organizations

22 to carry out activities under the Indian Self-Deter23 mination and Education Assistance Act (25 U.S.C.

24 450 et seq.); and
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1 (13) there is an emergent need for comprehen2 sive and cost-efficient insurance that allows the

3 economy of Indian tribes to continue to grow and

4 provides compensation to persons that may suffer

5 personal injury or loss of property.

6 (b) PURPOSES.—The purposes of this Act are to en7 able Indian tribes, tribal organizations, States and politi8 cal subdivisions thereof, through viable intergovernmental

9 agreements to—

10 (1) achieve intergovernmental harmony; and

11 (2) enhance intergovernmental commerce.

12 SEC. 3. DEFINITIONS.

13 In this Act:

14 (1) FEDERAL AGENCY.—The term ‘‘Federal

15 agency’’ has the meaning given the term ‘‘Executive

16 agency’’ in section 105 of title 5, United States

17 Code.

18 (2) INDIAN COUNTRY.—The term ‘‘Indian coun19 try’’ has the meaning given that term in section

20 1151 of title 18, United States Code.

21 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’

22 has the meaning given that term in section 4(e) of

23 the Indian Self-Determination and Education Assist24 ance Act (25 U.S.C. 450b(e)).
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1 (4) PANEL.—The term ‘‘Panel’’ means the

2 Intergovernmental Alternative Dispute Panel estab3 lished under section 103.

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

5 the Secretary of the Department of the Interior.

6 (6) STATE.—The term ‘‘State’’ means each of

7 the 50 States and the District of Columbia.

8 (7) TRIBAL ORGANIZATION.—The term ‘‘tribal

9 organization’’ has the meaning given that term in

10 section 4(l) of the Indian Self-Determination and

11 Education Assistance Act (25 U.S.C. 450b(l)).

12 SEC. 4. DECLARED POLICY OF THE UNITED STATES.

13 It is the policy of the United States—

14 (1) to continue to preserve and protect Indian

15 tribes, Indian people, and trust resources and prop16 erty of Indian tribes; and

17 (2) that the settlement of issues and disputes

18 involving Indian tribes and States or political sub19 divisions thereof, through negotiation and accommo20 dation, may be advanced by making available full

21 and adequate governmental facilities for fact finding,

22 conciliation, mediation, and voluntary arbitration to

23 aid and encourage Indian tribes, States, and political

24 subdivisions thereof—

25 (A) to reach and maintain agreements; and
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1 (B) to make reasonable efforts to settle

2 differences by mutual agreement reached by

3 such methods as may be provided for in any ap4 plicable agreement for the settlement of dis5 putes.

6 TITLE I—INTERGOVERNMENTAL

7 AGREEMENTS

8 SEC. 101. INTERGOVERNMENTAL COMPACT AUTHORIZA9 TION.

10 (a) IN GENERAL.—The consent of the United States

11 is granted to States and Indian tribes to enter into com12 pacts and agreements in accordance with this title.

13 (b) COLLECTION OF TAXES.—Consistent with the

14 United States Constitution, treaties, and principles of trib15 al and State sovereignty, and consistent with Supreme

16 Court decisions regarding the collection and payment of

17 certain retail taxes of a State or political subdivision

18 thereof, the consent of the United States is hereby given

19 to Indian tribes, tribal organizations, and States and

20 States and Indian tribes may to enter into compacts and

21 agreements relating to the collection and payment of cer22 tain retail taxes.

23 (c) FILING.—Not later than 30 days after entering

24 into an agreement or compact under this section, a State

25 or Indian tribe shall submit a copy of the compact or
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1 agreement to the Secretary. Upon receipt of the compact

2 or agreement, the Secretary shall publish the compact or

3 agreement in the Federal Register.

4 (d) LIMITATIONS.—

5 (1) IN GENERAL.—An agreement or compact

6 under this section shall not affect any action or pro7 ceeding over which a court has assumed jurisdiction

8 at the time that the agreement or compact is exe9 cuted.

10 (2) PROHIBITION.—No action or proceeding de11 scribed in paragraph (1) shall abate by reason of

12 that agreement or compact unless specifically agreed

13 upon by all parties—

14 (A) to the action or proceedings; and

15 (B) to the agreement or compact.

16 (e) REVOCATION.—An agreement or compact entered

17 into under this section shall be subject to revocation by

18 any party to that agreement or compact. That revocation

19 shall take effect on the earlier of—

20 (1) the date that is 180 days after the date on

21 which notice of revocation is provided to each party

22 to that agreement or compact; or

23 (2) any date that is agreed to by all parties to

24 that agreement or compact.
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1 (f) REVISION OR RENEWAL.—Upon the expiration or

2 revocation of an agreement or compact under this section,

3 the parties to such agreement or compact may enter into

4 a revised agreement or compact, or may renew that agree5 ment or compact.

6 (g) EFFECT OF RENEWAL.—For purposes of this

7 title, the renewal of an agreement or compact entered into

8 under this title shall be treated as a separate agreement

9 or compact and shall be subject to the limitations and re10 quirements applicable to an initial agreement or compact.

11 (h) STATUTORY CONSTRUCTION.—Nothing in this

12 title shall be construed to—

13 (1) except as expressly provided in this title, ex14 pand or diminish the jurisdiction over civil or crimi15 nal matters that may be exercised by a State or the

16 governing body of an Indian tribe; or

17 (2) authorize or empower a State or tribal gov18 ernment, either separately or pursuant to agree19 ment, to expand or diminish the jurisdiction exer20 cised by the Government of the United States to—

21 (A) make criminal, civil, or regulatory

22 laws; or

23 (B) enforce those laws in Indian country.
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1 SEC. 102. INTERGOVERNMENTAL NEGOTIATIONS-PROCE2 DURES.

3 (a) GOOD FAITH NEGOTIATIONS.—In negotiating a

4 claim, the parties shall conduct full and fair good faith

5 negotiations pursuant to this title, with the objective of

6 achieving an intergovernmental agreement or compact

7 that meets the requirement of this title.

8 (b) REQUEST FOR NEGOTIATIONS.—

9 (1) IN GENERAL.—An Indian tribe or a State

10 may request the Secretary to initiate negotiations to

11 address a claim covered under this title.

12 (2) NOTIFICATION.—The Secretary shall notify

13 the parties of any request made under paragraph

14 (1).

15 (3) REQUESTS.—Any request made to the Sec16 retary under this subsection shall be in writing.

17 (4) PARTICIPATION AS A PREREQUISITE TO IN18 VOKE PROCEDURES UNDER SECTION 103.—

19 (A) IN GENERAL.—A party may not file a

20 claim under section 103 unless that party is

21 available for, agrees to, and participates in, ne22 gotiations under this section.

23 (B) NOTICE.—Upon receipt of any request

24 made pursuant to paragraph (1), the Secretary

25 shall, not later than 30 days after such receipt,

26 send a notice by registered mail, return receipt
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1 requested, advising the parties that are subject

2 to a request made under paragraph (1), that no

3 party may file a claim under section 103 with4 out having participated in negotiations under

5 this section.

6 (c) NEGOTIATIONS.—

7 (1) IN GENERAL.—The Secretary shall, in a

8 manner consistent with section 103, cause to occur

9 and facilitate negotiations that are subject to a re10 quest under subsection (a).

11 (2) NON-BINDING NATURE OF NEGOTIA12 TIONS.—Consistent with the purposes of this title,

13 the negotiations referred to in paragraph (1) shall—

14 (A) be nonbinding; and

15 (B) be facilitated by a mediator selected in

16 accordance with section 103.

17 (3) SELECTION OF MEDIATOR.—

18 (A) IN GENERAL.—The Secretary shall se19 lect 3 mediators from a list supplied by the

20 Federal Mediation and Conciliation Service and

21 submit a list of these mediators to the parties.

22 (B) CHALLENGES.—Each party may chal23 lenge the selection of 1 of the mediators listed

24 by the Secretary under subparagraph (A).
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1 (C) SELECTION.—After each party has

2 had an opportunity to challenge the list made

3 by the Administrator under subparagraph (B),

4 the Secretary shall select a mediator from the

5 list who is not subject to such a challenge.

6 (4) PAYMENT.—The expenses and fees of the

7 mediator selected under paragraph (3) in facilitating

8 negotiations under paragraph (1) shall be paid by

9 the Secretary.

10 (5) REIMBURSEMENT.—If a party that files a

11 claim under section 103 and that party is not the

12 prevailing party in that claim, that party shall reim13 burse the Secretary for any fees and expenses in14 curred by the Secretary pursuant to paragraph (4).

15 (d) PROCEDURES.—Negotiations conducted under

16 this title shall be subject to the following procedures:

17 (1) COMMENCEMENT.—Negotiations conducted

18 under this section shall commence as soon as prac19 ticable after the party that receives notice under

20 subsection (b)(4)(B) responds to the Secretary.

21 (2) ADDITIONAL INVESTIGATION, RESEARCH,

22 OR NEGOTIATION.—

23 (A) IN GENERAL.—Each party that enters

24 into negotiation under this section and the Sec25 retary may agree to additional investigation, re-
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1 search, or analysis to facilitate a negotiated set2 tlement.

3 (B) PAYMENTS.—The cost of the addi4 tional investigation, research, or analysis re5 ferred to in subparagraph (A) shall be borne by

6 the party that undertakes that investigation, re7 search, or analysis, or causes that investigation,

8 research, and analysis.

9 (3) EXCHANGE OF RECORDS AND DOCUMENTA10 TION.—Each party that enters into negotiations

11 under this section shall exchange, and make avail12 able to the Secretary, any records, documents, or

13 other information that the party may have with re14 gard to transactions within the scope of the claims

15 alleged that—

16 (A) may be relevant to resolving the nego17 tiations; and

18 (B) are not privileged information under

19 applicable law, or otherwise subject to restric20 tions on disclosure under applicable law.

21 (4) TERMINATION.—

22 (A) IN GENERAL.—

23 (i) TERMINATION.—Except as pro24 vided in clause (i) and subparagraph (B),

25 negotiations conducted under this section
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1 shall terminate on the date that is 1 year

2 after the date of the first meeting of the

3 parties to conduct negotiations under this

4 section.

5 (ii) MUTUAL AGREEMENT.—The pe6 riod for negotiations under clause (i) may

7 be extended if the parties and the Sec8 retary agree that there is a reasonable like9 lihood that the extension may result in a

10 negotiated settlement.

11 (B) MUTUAL AGREEMENT.—At any time

12 during negotiations under this section, the par13 ties may mutually agree to terminate the nego14 tiations.

15 (C) FULFILLMENT OF CERTAIN REQUIRE16 MENTS.—A party shall be considered to have

17 met the requirements described in subsection

18 (b)(4) in any case in which negotiations are ter19 minated by mutual agreement of the parties

20 under subparagraph (B).

21 (e) NEGOTIATED SETTLEMENTS.—

22 (1) IN GENERAL.—A negotiated settlement of a

23 claim covered by this title reached by the parties

24 under this section shall constitute the final, com25 plete, and conclusive resolution of that claim.
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1 (2) ALTERNATIVE DISPUTE RESOLUTION.—Any

2 claim, setoff, or counterclaim (including any claim,

3 setoff, or counterclaim described in section 103(c))

4 that is not subject to a negotiated settlement under

5 this section may be pursued by the parties or the

6 Secretary pursuant to section 103.

7 SEC. 103. INTERGOVERNMENTAL ALTERNATIVE DISPUTE

8 RESOLUTION PANEL—ESTABLISHMENT.

9 (a) IN GENERAL.—If negotiations conducted under

10 section 103 do not result in a settlement, the Secretary

11 may refer the State and Indian tribe involved to the Panel

12 established under subsection (b).

13 (b) AUTHORITY OF PANEL.—To the extent allowable

14 by law, the Panel may consider and render a decision on

15 a dispute referred to the Panel under this section.

16 (c) TAXATION.—Any claim involving the legitimacy of

17 a claim for the collection or payment of certain retail taxes

18 owed by an Indian tribe to a State or political subdivision

19 thereof and shall include or admit of counterclaims,

20 setoffs, or related claims submitted or filed by the tribe

21 in question regarding the original claim.

22 (d) MEMBERSHIP OF THE PANEL.—

23 (1) IN GENERAL.—The Panel shall consist of—

24 (A) 1 representative from the Department

25 of the Interior;
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1 (B) 1 representative from the Department

2 of Justice;

3 (C) 1 representative from the Department

4 of the Treasury;

5 (D) 1 representative of State governments;

6 and

7 (E) 1 representative of tribal governments

8 of Indian tribes.

9 (2) CHAIRPERSON.—The members of the Panel

10 shall select a Chairperson from among the members

11 of the Panel.

12 (e) FEDERAL MEDIATION CONCILIATION SERVICE.—

13 (1) IN GENERAL.—In a manner consistent with

14 this title, the Panel shall consult with the Federal

15 Mediation Conciliation Service (referred to in this

16 subsection as the ‘‘Service’’) established under sec17 tion 202 of the National Labor Relations Act (29

18 U.S.C. 172).

19 (2) DUTIES OF SERVICE.—The Service shall,

20 upon request of the Panel and in a manner consist21 ent with applicable law—

22 (A) provide services to the Panel to aid in

23 resolving disputes brought before the Panel;

24 (B) furnish employees to act as neutrals

25 (as that term is defined in section 571(9) of
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1 title 5, United States Code) in resolving the dis2 putes brought before the Panel; and

3 (C) consult with the Administrative Con4 ference of the United States to maintain a ros5 ter of neutrals and arbitrators.

6 SEC. 104. JUDICIAL ENFORCEMENT.

7 (a) INTERGOVERNMENTAL AGREEMENTS.—

8 (1) IN GENERAL.—

9 (A) JURISDICTION.—Except as provided in

10 subparagraph (B), the district courts of the

11 United States shall have original jurisdiction

12 with respect to—

13 (i) any civil action, claim, counter14 claim, or setoff, brought by any party to

15 an agreement or compact entered into in

16 accordance with this title to secure equi17 table relief, including injunctive and declar18 atory relief; and

19 (ii) the enforcement of any agreement

20 or compact.

21 (B) DAMAGES.—No action to recover dam22 ages arising out of or in connection with an

23 agreement or compact entered into under this

24 section may be brought, except as specifically

25 provided for in that agreement or compact.
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1 (2) CONSENT TO SUIT.—Each compact or

2 agreement entered into under this title shall specify

3 that the partner consent to litigation to enforce the

4 agreement, and to the extent necessary to enforce

5 that agreement, each party waives any defense of

6 sovereign immunity.

7 SEC. 105. JOINT TRIBAL-FEDERAL-STATE COMMISSION ON

8 INTERGOVERNMENTAL AFFAIRS.

9 (a) IN GENERAL.—The Secretary shall establish a

10 tribal, Federal, and State commission (to be known as the

11 ‘‘Tribal-Federal-State Commission’’) (referred to in this

12 section as the ‘‘Commission’’).

13 (b) MEMBERS.—

14 (1) IN GENERAL.—The Commission shall be

15 comprised of representatives of Indian tribes, the

16 States, and the Federal Government.

17 (2) DUTIES OF THE COMMISSION.—The Com18 mission shall advise the Secretary concerning issues

19 of intergovernmental concern with respect to Indian

20 tribes, States, and the Federal Government, includ21 ing—

22 (A) law enforcement;

23 (B) civil and criminal jurisdiction;

24 (C) taxation;

25 (D) transportation;
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1 (E) economy development; and

2 (F) other matters related to a matter de3 scribed in subparagraph (A), (B), (C), (D), or

4 (E).

5 (3) PERIOD OF APPOINTMENT.—Members shall

6 be appointed for the life of the Commission. Any va7 cancy in the Commission shall not affect its powers,

8 but shall be filled in the same manner as the origi9 nal appointment.

10 (4) INITIAL MEETING.—No later than 30 days

11 after the date on which all members of the Commis12 sion have been appointed, the Commission shall hold

13 its first meeting.

14 (5) MEETINGS.—The Commission shall meet at

15 the call of the Chairman.

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

17 the Commission shall constitute a quorum, but a

18 lesser number of members may hold hearings.

19 (7) CHAIRMAN AND VICE CHAIRMAN.—The

20 Commission shall select a Chairman and Vice Chair21 man from among its members.

22 (8) POWERS.—

23 (A) HEARINGS.—The Commission may

24 hold such hearings, sit and act at such times

25 and places, take such testimony, and receive
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1 such evidence as the Commission considers ad2 visable to carry out the purposes of this section.

3 (B) INFORMATION FROM FEDERAL AGEN4 CIES.—The Commission may secure directly

5 from any Federal department or agency such

6 information as the Commission considers nec7 essary to carry out the provisions of this Act

8 section. Upon request of the Chairman of the

9 Commission, the head of such department or

10 agency shall furnish such information to the

11 Commission.

12 (C) POSTAL SERVICES.—The Commission

13 may use the United States mails in the same

14 manner and under the same conditions as other

15 departments and agencies of the Federal Gov16 ernment.

17 (D) GIFTS.—The Commission may accept,

18 use, and dispose of gifts or donations of serv19 ices or property.

20 (9) COMMISSION PERSONNEL MATTERS.—

21 (A) COMPENSATION OF MEMBERS.—Each

22 member of the Commission who is not an offi23 cer or employee of the Federal Government

24 shall be compensated for each day (including

25 travel time) during which such member is en-
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1 gaged in the performance of the duties of the

2 Commission. All members of the Commission

3 who are officers or employees of the United

4 States shall serve without compensation in addi5 tion to that received for their services as offi6 cers or employees of the United States.

7 (B) TRAVEL EXPENSES.—The members of

8 the Commission shall be allowed travel ex9 penses, including per diem in lieu of subsist10 ence, at rates authorized for employees of agen11 cies under subchapter I of chapter 57 of title 5,

12 United States Code, while away from their

13 homes or regular places of business in the per14 formance of services for the Commission.

15 (c) REPORT.—Not later than 2 years after the date

16 of enactment of this Act, and annually thereafter, the

17 Commission shall prepare and submit to the President, the

18 Committee on Indian Affairs of the Senate, and the Com19 mittee on Resources of the House of Representatives a re20 port on the implementation of this title that includes any

21 recommendations that the Commission determines to be

22 appropriate.

23 SEC. 106. FUNDING AND IMPLEMENTATION.

24 (a) IN GENERAL.—With respect to any agreement or

25 compact between an Indian tribe and a State, the United
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1 States, upon agreement of the parties and the Secretary,

2 may provide financial assistance to such parties for costs

3 of personnel or administrative expenses in an amount not

4 to exceed 100 percent of the costs incurred by the parties

5 as a consequence of that agreement or compact, including

6 any indirect costs of administration that are attributable

7 to the services performed under the agreement or compact.

8 (b) ASSISTANCE.—The head of each Federal agency

9 may, to the extent allowable by law and subject to the

10 availability of appropriations, provide technical assistance,

11 material support, and personnel to assist States and In12 dian tribes in the implementation of the agreements or

13 compacts entered into under this title.

14 TITLE II—TORT LIABILITY

15 INSURANCE

16 SEC. 201. LIABILITY INSURANCE, WAIVER OF DEFENSE.

17 (a) TRIBAL PRIORITY ALLOCATION DEFINED.—The

18 term ‘‘tribal priority allocation’’ means an allocation to a

19 tribal priority account of an Indian tribe by the Bureau

20 of Indian Affairs to allow that Indian tribe to establish

21 program priorities and funding levels.

22 (b) INSURANCE.—

23 (1) IN GENERAL.—Except as provided in para24 graph (3), not later than 2 years after the date of

25 enactment of this Act, the Secretary shall obtain or
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1 provide tort liability insurance or equivalent coverage

2 for each Indian tribe that receives a tribal priority

3 allocation from amounts made available to the Bu4 reau of Indian Affairs for the operation of Indian

5 programs.

6 (2) COST-EFFECTIVENESS.—In carrying out

7 paragraph (1), the Secretary shall—

8 (A) ensure that the insurance or equivalent

9 coverage is provided in the most cost-effective

10 manner available; and

11 (B) for each Indian tribe referred to in

12 paragraph (1), take into consideration the ex13 tent to which the tort liability is covered—

14 (i) by privately secured liability insur15 ance; or

16 (ii) chapter 171 of title 28, United

17 States Code (commonly referred to as the

18 ‘‘Federal Tort Claims Act’’) by reason of

19 an activity of the Indian tribe in which the

20 Indian tribe is acting in the same capacity

21 as an agency of the United States.

22 (3) LIMITATION.—If the Secretary determines

23 that an Indian tribe, described in paragraph (1), has

24 obtained liability insurance in an amount and of the

25 type that the Secretary determines to be appropriate
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1 by the date specified in paragraph (1), the Secretary

2 shall not be required to provide additional coverage

3 for that Indian tribe.

4 (c) REQUIREMENTS.—A policy of insurance or a doc5 ument for equivalent coverage under subsection (a)(1)

6 shall—

7 (1) contain a provision that the insurance car8 rier shall waive any right to raise as a defense the

9 sovereign immunity of an Indian tribe with respect

10 to an action involving tort liability of that Indian

11 tribe, but only with respect to tort liability claims of

12 an amount and nature covered under the insurance

13 policy or equivalent coverage offered by the insur14 ance carrier; and

15 (2) not waive or otherwise limit the sovereign

16 immunity of the Indian tribe outside or beyond the

17 coverage or limits of the policy of insurance or

18 equivalent coverage.

19 (d) PROHIBITION.—No waiver of the sovereign im20 munity of a Indian tribe under this section shall include

21 a waiver of any potential liability for—

22 (1) interest that may be payable before judg23 ment; or

24 (2) exemplary or punitive damages.
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1 (e) PREFERENCE.—In obtaining or providing tort li2 ability insurance coverage for Indian tribes under this sec3 tion, the Secretary shall, to the greatest extent practicable,

4 give preference to coverage underwritten by Indian-owned

5 economic enterprises, as defined in section 3 of the Indian

6 Financing Act of 1974 (25 U.S.C. 1452), except that for

7 the purposes of this subsection, those enterprises may in8 clude non-profit corporations.

9 (f) REGULATIONS.—To carry out this title, the Sec10 retary shall promulgate regulations that—

11 (1) provide for the amount and nature of claims

12 to be covered by an insurance policy or equivalent

13 coverage provided to an Indian tribe under this title;

14 and

15 (2) establish a schedule of premiums that may

16 be assessed against any Indian tribe that is provided

17 liability insurance under this title.

18 SEC. 202. STUDY AND REPORT TO CONGRESS

19 (a) IN GENERAL.—

20 (1) STUDY.—In order to minimize and, if pos21 sible, eliminate redundant or duplicative liability in22 surance coverage and to ensure that the provision of

23 insurance of equivalent coverage under this title is

24 cost-effective, before carrying out the requirements

25 of section 201, the Secretary shall conduct a com-
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1 prehensive survey of the degree, type, and adequacy

2 of liability insurance coverage of Indian tribes at the

3 time of the study.

4 (2) CONTENTS OF STUDY.—The study con5 ducted under this subsection shall include—

6 (A) an analysis of loss data;

7 (B) risk assessments;

8 (C) projected exposure to liability, and re9 lated matters; and

10 (D) the category of risk and coverage in11 volved which may include—

12 (i) general liability;

13 (ii) automobile liability;

14 (iii) the liability of officials of the In15 dian tribe;

16 (iv) law enforcement liability;

17 (v) workers’ compensation; and

18 (vi) other types of liability contin19 gencies.

20 (3) ASSESSMENT OF COVERAGE BY CATEGORIES

21 OF RISK.—For each Indian tribe described in section

22 201(a)(1), for each category of risk identified under

23 paragraph (2), the Secretary, in conducting the

24 study, shall determine whether insurance coverage

25 other than coverage to be provided under this title
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1 or coverage under chapter 171 of title 28, United

2 States Code, applies to that Indian tribe for that ac3 tivity.

4 (b) REPORT.—Not later than 3 years after the date

5 of enactment of this Act, and annually thereafter, the Sec6 retary shall submit a report to Congress concerning the

7 implementation of this title, that contains any legislative

8 recommendations that the Secretary determines to be ap9 propriate to improve the provision of insurance of equiva10 lent coverage to Indian tribes under this title, or otherwise

11 achieves the goals and objectives of this title.

Æ