In the Senate of the United States,

April 4, 2000.

Resolved, That the bill from the House of Representatives (H.R. 1167) entitled ‘‘An Act to amend the Indian SelfDetermination and Education Assistance Act to provide for

further self-governance by Indian tribes, and for other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Tribal Self-Governance

3 Amendments of 2000’’.

4 SEC. 2. FINDINGS.

5 Congress finds that—

6 (1) the tribal right of self-government flows from

7 the inherent sovereignty of Indian tribes and nations;

8 (2) the United States recognizes a special govern9 ment-to-government relationship with Indian tribes,

10 including the right of the Indian tribes to self-govern-
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1 ance, as reflected in the Constitution, treaties, Federal

2 statutes, and the course of dealings of the United

3 States with Indian tribes;

4 (3) although progress has been made, the Federal

5 bureaucracy, with its centralized rules and regula6 tions, has eroded tribal self-governance and dominates

7 tribal affairs;

8 (4) the Tribal Self-Governance Demonstration

9 Project, established under title III of the Indian Self10 Determination and Education Assistance Act (25

11 U.S.C. 450f note) was designed to improve and per12 petuate the government-to-government relationship be13 tween Indian tribes and the United States and to

14 strengthen tribal control over Federal funding and

15 program management;

16 (5) although the Federal Government has made

17 considerable strides in improving Indian health care,

18 it has failed to fully meet its trust responsibilities and

19 to satisfy its obligations to the Indian tribes under

20 treaties and other laws; and

21 (6) Congress has reviewed the results of the Trib22 al Self-Governance Demonstration Project and finds

23 that transferring full control and funding to tribal

24 governments, upon tribal request, over decision mak-
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1 ing for Federal programs, services, functions, and ac2 tivities (or portions thereof)—

3 (A) is an appropriate and effective means of

4 implementing the Federal policy of government5 to-government relations with Indian tribes; and

6 (B) strengthens the Federal policy of Indian

7 self-determination.

8 SEC. 3. DECLARATION OF POLICY.

9 It is the policy of Congress—

10 (1) to permanently establish and implement trib11 al self-governance within the Department of Health

12 and Human Services;

13 (2) to call for full cooperation from the Depart14 ment of Health and Human Services and its con15 stituent agencies in the implementation of tribal self16 governance—

17 (A) to enable the United States to maintain

18 and improve its unique and continuing relation19 ship with, and responsibility to, Indian tribes;

20 (B) to permit each Indian tribe to choose

21 the extent of its participation in self-governance

22 in accordance with the provisions of the Indian

23 Self-Determination and Education Assistance

24 Act relating to the provision of Federal services

25 to Indian tribes;
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1 (C) to ensure the continuation of the trust

2 responsibility of the United States to Indian

3 tribes and Indian individuals;

4 (D) to affirm and enable the United States

5 to fulfill its obligations to the Indian tribes

6 under treaties and other laws;

7 (E) to strengthen the government-to-govern8 ment relationship between the United States and

9 Indian tribes through direct and meaningful

10 consultation with all tribes;

11 (F) to permit an orderly transition from

12 Federal domination of programs and services to

13 provide Indian tribes with meaningful authority,

14 control, funding, and discretion to plan, conduct,

15 redesign, and administer programs, services,

16 functions, and activities (or portions thereof)

17 that meet the needs of the individual tribal com18 munities;

19 (G) to provide for a measurable parallel re20 duction in the Federal bureaucracy as programs,

21 services, functions, and activities (or portion

22 thereof) are assumed by Indian tribes;

23 (H) to encourage the Secretary to identify

24 all programs, services, functions, and activities

25 (or portions thereof) of the Department of Health
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1 and Human Services that may be managed by

2 an Indian tribe under this Act and to assist In3 dian tribes in assuming responsibility for such

4 programs, services, functions, and activities (or

5 portions thereof); and

6 (I) to provide Indian tribes with the earliest

7 opportunity to administer programs, services,

8 functions, and activities (or portions thereof)

9 from throughout the Department of Health and

10 Human Services.

11 SEC. 4. TRIBAL SELF-GOVERNANCE.

12 The Indian Self-Determination and Education Assist13 ance Act (25 U.S.C. 450 et seq.) is amended by adding at

14 the end the following:

15 ‘‘TITLE V—TRIBAL SELF16 GOVERNANCE

17 ‘‘SEC. 501. DEFINITIONS.

18 ‘‘(a) IN GENERAL.—In this title:

19 ‘‘(1) CONSTRUCTION PROJECT.—The term ‘con20 struction project’—

21 ‘‘(A) means an organized noncontinuous

22 undertaking to complete a specific set of pre23 determined objectives for the planning, environ24 mental determination, design, construction, re25 pair, improvement, or expansion of buildings or
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1 facilities, as described in a construction project

2 agreement; and

3 ‘‘(B) does not include construction program

4 administration and activities described in para5 graphs (1) through (3) of section 4(m), that may

6 otherwise be included in a funding agreement

7 under this title.

8 ‘‘(2) CONSTRUCTION PROJECT AGREEMENT.—The

9 term ‘construction project agreement’ means a nego10 tiated agreement between the Secretary and an In11 dian tribe, that at a minimum—

12 ‘‘(A) establishes project phase start and

13 completion dates;

14 ‘‘(B) defines a specific scope of work and

15 standards by which it will be accomplished;

16 ‘‘(C) identifies the responsibilities of the In17 dian tribe and the Secretary;

18 ‘‘(D) addresses environmental consider19 ations;

20 ‘‘(E) identifies the owner and operations

21 and maintenance entity of the proposed work;

22 ‘‘(F) provides a budget;

23 ‘‘(G) provides a payment process; and

24 ‘‘(H) establishes the duration of the agree25 ment based on the time necessary to complete the
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1 specified scope of work, which may be 1 or more

2 years.

3 ‘‘(3) GROSS MISMANAGEMENT.—The term ‘gross

4 mismanagement’ means a significant, clear, and con5 vincing violation of a compact, funding agreement, or

6 regulatory, or statutory requirements applicable to

7 Federal funds transferred to an Indian tribe by a

8 compact or funding agreement that results in a sig9 nificant reduction of funds available for the pro10 grams, services, functions, or activities (or portions

11 thereof) assumed by an Indian tribe.

12 ‘‘(4) INHERENT FEDERAL FUNCTIONS.—The term

13 ‘inherent Federal functions’ means those Federal func14 tions which cannot legally be delegated to Indian

15 tribes.

16 ‘‘(5) INTER-TRIBAL CONSORTIUM.—The term

17 ‘inter-tribal consortium’ means a coalition of 2 or

18 more separate Indian tribes that join together for the

19 purpose of participating in self-governance, including

20 tribal organizations.

21 ‘‘(6) SECRETARY.—The term ‘Secretary’ means

22 the Secretary of Health and Human Services.

23 ‘‘(7) SELF-GOVERNANCE.—The term ‘self-govern24 ance’ means the program of self-governance estab25 lished under section 502.
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1 ‘‘(8) TRIBAL SHARE.—The term ‘tribal share’

2 means an Indian tribe’s portion of all funds and re3 sources that support secretarial programs, services,

4 functions, and activities (or portions thereof) that are

5 not required by the Secretary for performance of in6 herent Federal functions.

7 ‘‘(b) INDIAN TRIBE.—In any case in which an Indian

8 tribe has authorized another Indian tribe, an inter-tribal

9 consortium, or a tribal organization to plan for or carry

10 out programs, services, functions, or activities (or portions

11 thereof) on its behalf under this title, the authorized Indian

12 tribe, inter-tribal consortium, or tribal organization shall

13 have the rights and responsibilities of the authorizing In14 dian tribe (except as otherwise provided in the authorizing

15 resolution or in this title). In such event, the term ‘Indian

16 tribe’ as used in this title shall include such other author17 ized Indian tribe, inter-tribal consortium, or tribal organi18 zation.

19 ‘‘SEC. 502. ESTABLISHMENT.

20 ‘‘The Secretary shall establish and carry out a pro21 gram within the Indian Health Service of the Department

22 of Health and Human Services to be known as the ‘Tribal

23 Self-Governance Program’ in accordance with this title.
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1 ‘‘SEC. 503. SELECTION OF PARTICIPATING INDIAN TRIBES.

2 ‘‘(a) CONTINUING PARTICIPATION.—Each Indian tribe

3 that is participating in the Tribal Self-Governance Dem4 onstration Project under title III on the date of enactment

5 of this title may elect to participate in self-governance

6 under this title under existing authority as reflected in trib7 al resolution.

8 ‘‘(b) ADDITIONAL PARTICIPANTS.—

9 ‘‘(1) IN GENERAL.—In addition to those Indian

10 tribes participating in self-governance under sub11 section (a), each year an additional 50 Indian tribes

12 that meet the eligibility criteria specified in sub13 section (c) shall be entitled to participate in self-gov14 ernance.

15 ‘‘(2) TREATMENT OF CERTAIN INDIAN TRIBES.—

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

17 has withdrawn from participation in an inter18 tribal consortium or tribal organization, in

19 whole or in part, shall be entitled to participate

20 in self-governance provided the Indian tribe

21 meets the eligibility criteria specified in sub22 section (c).

23 ‘‘(B) EFFECT OF WITHDRAWAL.—If an In24 dian tribe has withdrawn from participation in

25 an inter-tribal consortium or tribal organiza26 tion, that Indian tribe shall be entitled to its
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1 tribal share of funds supporting those programs,

2 services, functions, and activities (or portions

3 thereof) that the Indian tribe will be carrying

4 out under the compact and funding agreement of

5 the Indian tribe.

6 ‘‘(C) PARTICIPATION IN SELF-GOVERN7 ANCE.—In no event shall the withdrawal of an

8 Indian tribe from an inter-tribal consortium or

9 tribal organization affect the eligibility of the

10 inter-tribal consortium or tribal organization to

11 participate in self-governance.

12 ‘‘(c) APPLICANT POOL.—

13 ‘‘(1) IN GENERAL.—The qualified applicant pool

14 for self-governance shall consist of each Indian tribe

15 that—

16 ‘‘(A) successfully completes the planning

17 phase described in subsection (d);

18 ‘‘(B) has requested participation in self-gov19 ernance by resolution or other official action by

20 the governing body of each Indian tribe to be

21 served; and

22 ‘‘(C) has demonstrated, for 3 fiscal years, fi23 nancial stability and financial management ca24 pability.
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1 ‘‘(2) CRITERIA FOR DETERMINING FINANCIAL

2 STABILITY AND FINANCIAL MANAGEMENT CAPACITY.—

3 For purposes of this subsection, evidence that, during

4 the 3-year period referred to in paragraph (1)(C), an

5 Indian tribe had no uncorrected significant and ma6 terial audit exceptions in the required annual audit

7 of the Indian tribe’s self-determination contracts or

8 self-governance funding agreements with any Federal

9 agency shall be conclusive evidence of the required sta10 bility and capability.

11 ‘‘(d) PLANNING PHASE.—Each Indian tribe seeking

12 participation in self-governance shall complete a planning

13 phase. The planning phase shall be conducted to the satis14 faction of the Indian tribe and shall include—

15 ‘‘(1) legal and budgetary research; and

16 ‘‘(2) internal tribal government planning and

17 organizational preparation relating to the adminis18 tration of health care programs.

19 ‘‘(e) GRANTS.—Subject to the availability of appro20 priations, any Indian tribe meeting the requirements of

21 paragraph (1) (B) and (C) of subsection (c) shall be eligible

22 for grants—

23 ‘‘(1) to plan for participation in self-governance;

24 and
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1 ‘‘(2) to negotiate the terms of participation by

2 the Indian tribe or tribal organization in self-govern3 ance, as set forth in a compact and a funding agree4 ment.

5 ‘‘(f) RECEIPT OF GRANT NOT REQUIRED.—Receipt of

6 a grant under subsection (e) shall not be a requirement of

7 participation in self-governance.

8 ‘‘SEC. 504. COMPACTS.

9 ‘‘(a) COMPACT REQUIRED.—The Secretary shall nego10 tiate and enter into a written compact with each Indian

11 tribe participating in self-governance in a manner con12 sistent with the Federal Government’s trust responsibility,

13 treaty obligations, and the government-to-government rela14 tionship between Indian tribes and the United States.

15 ‘‘(b) CONTENTS.—Each compact required under sub16 section (a) shall set forth the general terms of the govern17 ment-to-government relationship between the Indian tribe

18 and the Secretary, including such terms as the parties in19 tend shall control year after year. Such compacts may only

20 be amended by mutual agreement of the parties.

21 ‘‘(c) EXISTING COMPACTS.—An Indian tribe partici22 pating in the Tribal Self-Governance Demonstration

23 Project under title III on the date of enactment of this title

24 shall have the option at any time after the date of enact25 ment of this title to—
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1 ‘‘(1) retain the Tribal Self-Governance Dem2 onstration Project compact of that Indian tribe (in

3 whole or in part) to the extent that the provisions of

4 that funding agreement are not directly contrary to

5 any express provision of this title; or

6 ‘‘(2) instead of retaining a compact or portion

7 thereof under paragraph (1), negotiate a new compact

8 in a manner consistent with the requirements of this

9 title.

10 ‘‘(d) TERM AND EFFECTIVE DATE.—The effective date

11 of a compact shall be the date of the approval and execution

12 by the Indian tribe or another date agreed upon by the par13 ties, and shall remain in effect for so long as permitted by

14 Federal law or until terminated by mutual written agree15 ment, retrocession, or reassumption.

16 ‘‘SEC. 505. FUNDING AGREEMENTS.

17 ‘‘(a) FUNDING AGREEMENT REQUIRED.—The Sec18 retary shall negotiate and enter into a written funding

19 agreement with each Indian tribe participating in self-gov20 ernance in a manner consistent with the Federal Govern21 ment’s trust responsibility, treaty obligations, and the gov22 ernment-to-government relationship between Indian tribes

23 and the United States.

24 ‘‘(b) CONTENTS.—
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1 ‘‘(1) IN GENERAL.—Each funding agreement re2 quired under subsection (a) shall, as determined by

3 the Indian tribe, authorize the Indian tribe to plan,

4 conduct, consolidate, administer, and receive full trib5 al share funding, including tribal shares of discre6 tionary Indian Health Service competitive grants (ex7 cluding congressionally earmarked competitive

8 grants), for all programs, services, functions, and ac9 tivities (or portions thereof), that are carried out for

10 the benefit of Indians because of their status as Indi11 ans without regard to the agency or office of the In12 dian Health Service (or of such other agency) within

13 which the program, service, function, or activity (or

14 portion thereof) is performed.

15 ‘‘(2) INCLUSION OF CERTAIN PROGRAMS, SERV16 ICES, FUNCTIONS, AND ACTIVITIES.—Such programs,

17 services, functions, or activities (or portions thereof)

18 include all programs, services, functions, activities (or

19 portions thereof), including grants (which may be

20 added to a funding agreement after an award of such

21 grants), with respect to which Indian tribes or Indi22 ans are primary or significant beneficiaries, adminis23 tered by the Department of Health and Human Serv24 ices through the Indian Health Service and all local,

25 field, service unit, area, regional, and central head-
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1 quarters or national office functions administered

2 under the authority of—

3 ‘‘(A) the Act of November 2, 1921 (42 Stat.

4 208, chapter 115; 25 U.S.C. 13);

5 ‘‘(B) the Act of April 16, 1934 (48 Stat.

6 596, chapter 147; 25 U.S.C. 452 et seq.);

7 ‘‘(C) the Act of August 5, 1954 (68 Stat.

8 674, chapter 658);

9 ‘‘(D) the Indian Health Care Improvement

10 Act (25 U.S.C. 1601 et seq.);

11 ‘‘(E) the Indian Alcohol and Substance

12 Abuse Prevention and Treatment Act of 1986 (25

13 U.S.C. 2401 et seq.);

14 ‘‘(F) any other Act of Congress authorizing

15 any agency of the Department of Health and

16 Human Services to administer, carry out, or

17 provide financial assistance to such a program,

18 service, function or activity (or portions thereof)

19 described in this section that is carried out for

20 the benefit of Indians because of their status as

21 Indians; or

22 ‘‘(G) any other Act of Congress authorizing

23 such a program, service, function, or activity (or

24 portions thereof) carried out for the benefit of In25 dians under which appropriations are made
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1 available to any agency other than an agency

2 within the Department of Health and Human

3 Services, in any case in which the Secretary ad4 ministers that program, service, function, or ac5 tivity (or portion thereof).

6 ‘‘(c) INCLUSION IN COMPACT OR FUNDING AGREE7 MENT.—It shall not be a requirement that an Indian tribe

8 or Indians be identified in the authorizing statute for a pro9 gram or element of a program to be eligible for inclusion

10 in a compact or funding agreement under this title.

11 ‘‘(d) FUNDING AGREEMENT TERMS.—Each funding

12 agreement under this title shall set forth—

13 ‘‘(1) terms that generally identify the programs,

14 services, functions, and activities (or portions thereof)

15 to be performed or administered; and

16 ‘‘(2) for the items identified in paragraph (1)—

17 ‘‘(A) the general budget category assigned;

18 ‘‘(B) the funds to be provided, including

19 those funds to be provided on a recurring basis;

20 ‘‘(C) the time and method of transfer of the

21 funds;

22 ‘‘(D) the responsibilities of the Secretary;

23 and

24 ‘‘(E) any other provision with respect to

25 which the Indian tribe and the Secretary agree.
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1 ‘‘(e) SUBSEQUENT FUNDING AGREEMENTS.—Absent

2 notification from an Indian tribe that is withdrawing or

3 retroceding the operation of 1 or more programs, services,

4 functions, or activities (or portions thereof) identified in a

5 funding agreement, or unless otherwise agreed to by the par6 ties, each funding agreement shall remain in full force and

7 effect until a subsequent funding agreement is executed, and

8 the terms of the subsequent funding agreement shall be ret9 roactive to the end of the term of the preceding funding

10 agreement.

11 ‘‘(f) EXISTING FUNDING AGREEMENTS.—Each Indian

12 tribe participating in the Tribal Self-Governance Dem13 onstration Project established under title III on the date

14 of enactment of this title shall have the option at any time

15 thereafter to—

16 ‘‘(1) retain the Tribal Self-Governance Dem17 onstration Project funding agreement of that Indian

18 tribe (in whole or in part) to the extent that the pro19 visions of that funding agreement are not directly

20 contrary to any express provision of this title; or

21 ‘‘(2) instead of retaining a funding agreement or

22 portion thereof under paragraph (1), negotiate a new

23 funding agreement in a manner consistent with the

24 requirements of this title.
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1 ‘‘(g) STABLE BASE FUNDING.—At the option of an In2 dian tribe, a funding agreement may provide for a stable

3 base budget specifying the recurring funds (including, for

4 purposes of this provision, funds available under section

5 106(a)) to be transferred to such Indian tribe, for such pe6 riod as may be specified in the funding agreement, subject

7 to annual adjustment only to reflect changes in congres8 sional appropriations by sub-sub activity excluding ear9 marks.

10 ‘‘SEC. 506. GENERAL PROVISIONS.

11 ‘‘(a) APPLICABILITY.—The provisions of this section

12 shall apply to compacts and funding agreements negotiated

13 under this title and an Indian tribe may, at its option,

14 include provisions that reflect such requirements in a com15 pact or funding agreement.

16 ‘‘(b) CONFLICTS OF INTEREST.—Indian tribes partici17 pating in self-governance under this title shall ensure that

18 internal measures are in place to address conflicts of inter19 est in the administration of self-governance programs, serv20 ices, functions, or activities (or portions thereof).

21 ‘‘(c) AUDITS.—

22 ‘‘(1) SINGLE AGENCY AUDIT ACT.—The provi23 sions of chapter 75 of title 31, United States Code, re24 quiring a single agency audit report shall apply to

25 funding agreements under this title.
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1 ‘‘(2) COST PRINCIPLES.—An Indian tribe shall

2 apply cost principles under the applicable Office of

3 Management and Budget circular, except as modified

4 by section 106, or by any exemptions to applicable

5 Office of Management and Budget circulars subse6 quently granted by the Office of Management and

7 Budget. No other audit or accounting standards shall

8 be required by the Secretary. Any claim by the Fed9 eral Government against the Indian tribe relating to

10 funds received under a funding agreement based on

11 any audit under this subsection shall be subject to the

12 provisions of section 106(f).

13 ‘‘(d) RECORDS.—

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

15 specifies otherwise in the compact or funding agree16 ment, records of the Indian tribe shall not be consid17 ered Federal records for purposes of chapter 5 of title

18 5, United States Code.

19 ‘‘(2) RECORDKEEPING SYSTEM.—The Indian

20 tribe shall maintain a recordkeeping system, and,

21 after 30 days advance notice, provide the Secretary

22 with reasonable access to such records to enable the

23 Department of Health and Human Services to meet

24 its minimum legal recordkeeping system requirements
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1 under sections 3101 through 3106 of title 44, United

2 States Code.

3 ‘‘(e) REDESIGN AND CONSOLIDATION.—An Indian

4 tribe may redesign or consolidate programs, services, func5 tions, and activities (or portions thereof) included in a

6 funding agreement under section 305 and reallocate or redi7 rect funds for such programs, services, functions, and activi8 ties (or portions thereof) in any manner which the Indian

9 tribe deems to be in the best interest of the health and wel10 fare of the Indian community being served, only if the rede11 sign or consolidation does not have the effect of denying eli12 gibility for services to population groups otherwise eligible

13 to be served under applicable Federal law.

14 ‘‘(f) RETROCESSION.—An Indian tribe may retrocede,

15 fully or partially, to the Secretary programs, services, func16 tions, or activities (or portions thereof) included in the com17 pact or funding agreement. Unless the Indian tribe rescinds

18 the request for retrocession, such retrocession will become

19 effective within the timeframe specified by the parties in

20 the compact or funding agreement. In the absence of such

21 a specification, such retrocession shall become effective on—

22 ‘‘(1) the earlier of—

23 ‘‘(A) 1 year after the date of submission of

24 such request; or
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1 ‘‘(B) the date on which the funding agree2 ment expires; or

3 ‘‘(2) such date as may be mutually agreed upon

4 by the Secretary and the Indian tribe.

5 ‘‘(g) WITHDRAWAL.—

6 ‘‘(1) PROCESS.—

7 ‘‘(A) IN GENERAL.—An Indian tribe may

8 fully or partially withdraw from a participating

9 inter-tribal consortium or tribal organization its

10 share of any program, function, service, or activ11 ity (or portions thereof) included in a compact

12 or funding agreement.

13 ‘‘(B) EFFECTIVE DATE.—The withdrawal

14 referred to in subparagraph (A) shall become ef15 fective within the timeframe specified in the reso16 lution which authorizes transfer to the partici17 pating tribal organization or inter-tribal consor18 tium. In the absence of a specific timeframe set

19 forth in the resolution, such withdrawal shall be20 come effective on—

21 ‘‘(i) the earlier of—

22 ‘‘(I) 1 year after the date of sub23 mission of such request; or

24 ‘‘(II) the date on which the fund25 ing agreement expires; or
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1 ‘‘(ii) such date as may be mutually

2 agreed upon by the Secretary, the with3 drawing Indian tribe, and the participating

4 tribal organization or inter-tribal consor5 tium that has signed the compact or fund6 ing agreement on behalf of the withdrawing

7 Indian tribe, inter-tribal consortium, or

8 tribal organization.

9 ‘‘(2) DISTRIBUTION OF FUNDS.—When an In10 dian tribe or tribal organization eligible to enter into

11 a self-determination contract under title I or a com12 pact or funding agreement under this title fully or

13 partially withdraws from a participating inter-tribal

14 consortium or tribal organization—

15 ‘‘(A) the withdrawing Indian tribe or tribal

16 organization shall be entitled to its tribal share

17 of funds supporting those programs, services,

18 functions, or activities (or portions thereof) that

19 the Indian tribe will be carrying out under its

20 own self-determination contract or compact and

21 funding agreement (calculated on the same basis

22 as the funds were initially allocated in the fund23 ing agreement of the inter-tribal consortium or

24 tribal organization); and
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1 ‘‘(B) the funds referred to in subparagraph

2 (A) shall be transferred from the funding agree3 ment of the inter-tribal consortium or tribal or4 ganization, on the condition that the provisions

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

6 apply to that withdrawing Indian tribe.

7 ‘‘(3) REGAINING MATURE CONTRACT STATUS.—If

8 an Indian tribe elects to operate all or some pro9 grams, services, functions, or activities (or portions

10 thereof) carried out under a compact or funding

11 agreement under this title through a self-determina12 tion contract under title I, at the option of the Indian

13 tribe, the resulting self-determination contract shall be

14 a mature self-determination contract.

15 ‘‘(h) NONDUPLICATION.—For the period for which, and

16 to the extent to which, funding is provided under this title

17 or under the compact or funding agreement, the Indian

18 tribe shall not be entitled to contract with the Secretary

19 for such funds under section 102, except that such Indian

20 tribe shall be eligible for new programs on the same basis

21 as other Indian tribes.

22 ‘‘SEC. 507. PROVISIONS RELATING TO THE SECRETARY.

23 ‘‘(a) MANDATORY PROVISIONS.—

24 ‘‘(1) HEALTH STATUS REPORTS.—Compacts or

25 funding agreements negotiated between the Secretary
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1 and an Indian tribe shall include a provision that re2 quires the Indian tribe to report on health status and

3 service delivery—

4 ‘‘(A) to the extent such data is not otherwise

5 available to the Secretary and specific funds for

6 this purpose are provided by the Secretary under

7 the funding agreement; and

8 ‘‘(B) if such reporting shall impose mini9 mal burdens on the participating Indian tribe

10 and such requirements are promulgated under

11 section 517.

12 ‘‘(2) REASSUMPTION.—

13 ‘‘(A) IN GENERAL.—Compacts or funding

14 agreements negotiated between the Secretary and

15 an Indian tribe shall include a provision author16 izing the Secretary to reassume operation of a

17 program, service, function, or activity (or por18 tions thereof) and associated funding if there is

19 a specific finding relative to that program, serv20 ice, function, or activity (or portion thereof) of—

21 ‘‘(i) imminent endangerment of the

22 public health caused by an act or omission

23 of the Indian tribe, and the imminent

24 endangerment arises out of a failure to
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1 carry out the compact or funding agree2 ment; or

3 ‘‘(ii) gross mismanagement with re4 spect to funds transferred to a tribe by a

5 compact or funding agreement, as deter6 mined by the Secretary in consultation with

7 the Inspector General, as appropriate.

8 ‘‘(B) PROHIBITION.—The Secretary shall

9 not reassume operation of a program, service,

10 function, or activity (or portions thereof)

11 unless—

12 ‘‘(i) the Secretary has first provided

13 written notice and a hearing on the record

14 to the Indian tribe; and

15 ‘‘(ii) the Indian tribe has not taken

16 corrective action to remedy the imminent

17 endangerment to public health or gross mis18 management.

19 ‘‘(C) EXCEPTION.—

20 ‘‘(i) IN GENERAL.—Notwithstanding

21 subparagraph (B), the Secretary may, upon

22 written notification to the Indian tribe, im23 mediately reassume operation of a program,

24 service, function, or activity (or portion

25 thereof) if—
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1 ‘‘(I) the Secretary makes a find2 ing of imminent substantial and irrep3 arable endangerment of the public

4 health caused by an act or omission of

5 the Indian tribe; and

6 ‘‘(II) the endangerment arises out

7 of a failure to carry out the compact or

8 funding agreement.

9 ‘‘(ii) REASSUMPTION.—If the Secretary

10 reassumes operation of a program, service,

11 function, or activity (or portion thereof)

12 under this subparagraph, the Secretary

13 shall provide the Indian tribe with a hear14 ing on the record not later than 10 days

15 after such reassumption.

16 ‘‘(D) HEARINGS.—In any hearing or ap17 peal involving a decision to reassume operation

18 of a program, service, function, or activity (or

19 portion thereof), the Secretary shall have the bur20 den of proof of demonstrating by clear and con21 vincing evidence the validity of the grounds for

22 the reassumption.

23 ‘‘(b) FINAL OFFER.—In the event the Secretary and

24 a participating Indian tribe are unable to agree, in whole

25 or in part, on the terms of a compact or funding agreement
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1 (including funding levels), the Indian tribe may submit a

2 final offer to the Secretary. Not more than 45 days after

3 such submission, or within a longer time agreed upon by

4 the Indian tribe, the Secretary shall review and make a de5 termination with respect to such offer. In the absence of a

6 timely rejection of the offer, in whole or in part, made in

7 compliance with subsection (c), the offer shall be deemed

8 agreed to by the Secretary.

9 ‘‘(c) REJECTION OF FINAL OFFERS.—

10 ‘‘(1) IN GENERAL.—If the Secretary rejects an

11 offer made under subsection (b) (or 1 or more provi12 sions or funding levels in such offer), the Secretary

13 shall provide—

14 ‘‘(A) a timely written notification to the In15 dian tribe that contains a specific finding that

16 clearly demonstrates, or that is supported by a

17 controlling legal authority, that—

18 ‘‘(i) the amount of funds proposed in

19 the final offer exceeds the applicable funding

20 level to which the Indian tribe is entitled

21 under this title;

22 ‘‘(ii) the program, function, service, or

23 activity (or portion thereof) that is the sub24 ject of the final offer is an inherent Federal
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1 function that cannot legally be delegated to

2 an Indian tribe;

3 ‘‘(iii) the Indian tribe cannot carry

4 out the program, function, service, or activ5 ity (or portion thereof) in a manner that

6 would not result in significant danger or

7 risk to the public health; or

8 ‘‘(iv) the Indian tribe is not eligible to

9 participate in self-governance under section

10 503;

11 ‘‘(B) technical assistance to overcome the

12 objections stated in the notification required by

13 subparagraph (A);

14 ‘‘(C) the Indian tribe with a hearing on the

15 record with the right to engage in full discovery

16 relevant to any issue raised in the matter and

17 the opportunity for appeal on the objections

18 raised, except that the Indian tribe may, in lieu

19 of filing such appeal, directly proceed to initiate

20 an action in a Federal district court pursuant to

21 section 110(a); and

22 ‘‘(D) the Indian tribe with the option of en23 tering into the severable portions of a final pro24 posed compact or funding agreement, or provi25 sion thereof, (including a lesser funding amount,
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1 if any), that the Secretary did not reject, subject

2 to any additional alterations necessary to con3 form the compact or funding agreement to the

4 severed provisions.

5 ‘‘(2) EFFECT OF EXERCISING CERTAIN OPTION.—

6 If an Indian tribe exercises the option specified in

7 paragraph (1)(D), that Indian tribe shall retain the

8 right to appeal the Secretary’s rejection under this

9 section, and subparagraphs (A), (B), and (C) of that

10 paragraph shall only apply to that portion of the pro11 posed final compact, funding agreement, or provision

12 thereof that was rejected by the Secretary.

13 ‘‘(d) BURDEN OF PROOF.—With respect to any hear14 ing or appeal or civil action conducted pursuant to this

15 section, the Secretary shall have the burden of dem16 onstrating by clear and convincing evidence the validity of

17 the grounds for rejecting the offer (or a provision thereof)

18 made under subsection (b).

19 ‘‘(e) GOOD FAITH.—In the negotiation of compacts

20 and funding agreements the Secretary shall at all times ne21 gotiate in good faith to maximize implementation of the

22 self-governance policy. The Secretary shall carry out this

23 title in a manner that maximizes the policy of tribal self24 governance, in a manner consistent with the purposes speci-
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1 fied in section 3 of the Tribal Self-Governance Amendments

2 of 2000.

3 ‘‘(f) SAVINGS.—To the extent that programs, functions,

4 services, or activities (or portions thereof) carried out by

5 Indian tribes under this title reduce the administrative or

6 other responsibilities of the Secretary with respect to the

7 operation of Indian programs and result in savings that

8 have not otherwise been included in the amount of tribal

9 shares and other funds determined under section 508(c), the

10 Secretary shall make such savings available to the Indian

11 tribes, inter-tribal consortia, or tribal organizations for the

12 provision of additional services to program beneficiaries in

13 a manner equitable to directly served, contracted, and com14 pacted programs.

15 ‘‘(g) TRUST RESPONSIBILITY.—The Secretary is pro16 hibited from waiving, modifying, or diminishing in any

17 way the trust responsibility of the United States with re18 spect to Indian tribes and individual Indians that exists

19 under treaties, Executive orders, other laws, or court deci20 sions.

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

22 final agency action and relates to an appeal within the De23 partment of Health and Human Services conducted under

24 subsection (c) shall be made either—
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1 ‘‘(1) by an official of the Department who holds

2 a position at a higher organizational level within the

3 Department than the level of the departmental agency

4 in which the decision that is the subject of the appeal

5 was made; or

6 ‘‘(2) by an administrative judge.

7 ‘‘SEC. 508. TRANSFER OF FUNDS.

8 ‘‘(a) IN GENERAL.—Pursuant to the terms of any com9 pact or funding agreement entered into under this title, the

10 Secretary shall transfer to the Indian tribe all funds pro11 vided for in the funding agreement, pursuant to subsection

12 (c), and provide funding for periods covered by joint resolu13 tion adopted by Congress making continuing appropria14 tions, to the extent permitted by such resolutions. In any

15 instance where a funding agreement requires an annual

16 transfer of funding to be made at the beginning of a fiscal

17 year, or requires semiannual or other periodic transfers of

18 funding to be made commencing at the beginning of a fiscal

19 year, the first such transfer shall be made not later than

20 10 days after the apportionment of such funds by the Office

21 of Management and Budget to the Department, unless the

22 funding agreement provides otherwise.

23 ‘‘(b) MULTIYEAR FUNDING.—The Secretary may em24 ploy, upon tribal request, multiyear funding agreements.
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1 References in this title to funding agreements shall include

2 such multiyear funding agreements.

3 ‘‘(c) AMOUNT OF FUNDING.—The Secretary shall pro4 vide funds under a funding agreement under this title in

5 an amount equal to the amount that the Indian tribe would

6 have been entitled to receive under self-determination con7 tracts under this Act, including amounts for direct program

8 costs specified under section 106(a)(1) and amounts for con9 tract support costs specified under section 106(a) (2), (3),

10 (5), and (6), including any funds that are specifically or

11 functionally related to the provision by the Secretary of

12 services and benefits to the Indian tribe or its members, all

13 without regard to the organizational level within the De14 partment where such functions are carried out.

15 ‘‘(d) PROHIBITIONS.—

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), the Secretary is expressly prohibited

18 from—

19 ‘‘(A) failing or refusing to transfer to an

20 Indian tribe its full share of any central, head21 quarters, regional, area, or service unit office or

22 other funds due under this Act, except as re23 quired by Federal law;

24 ‘‘(B) withholding portions of such funds for

25 transfer over a period of years; and
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1 ‘‘(C) reducing the amount of funds required

2 under this Act—

3 ‘‘(i) to make funding available for self4 governance monitoring or administration

5 by the Secretary;

6 ‘‘(ii) in subsequent years, except pursu7 ant to—

8 ‘‘(I) a reduction in appropria9 tions from the previous fiscal year for

10 the program or function to be included

11 in a compact or funding agreement;

12 ‘‘(II) a congressional directive in

13 legislation or accompanying report;

14 ‘‘(III) a tribal authorization;

15 ‘‘(IV) a change in the amount of

16 pass-through funds subject to the terms

17 of the funding agreement; or

18 ‘‘(V) completion of a project, ac19 tivity, or program for which such

20 funds were provided;

21 ‘‘(iii) to pay for Federal functions, in22 cluding Federal pay costs, Federal employee

23 retirement benefits, automated data proc24 essing, technical assistance, and monitoring

25 of activities under this Act; or
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1 ‘‘(iv) to pay for costs of Federal per2 sonnel displaced by self-determination con3 tracts under this Act or self-governance;

4 ‘‘(2) EXCEPTION.—The funds described in para5 graph (1)(C) may be increased by the Secretary if

6 necessary to carry out this Act or as provided in sec7 tion 105(c)(2).

8 ‘‘(e) OTHER RESOURCES.—In the event an Indian

9 tribe elects to carry out a compact or funding agreement

10 with the use of Federal personnel, Federal supplies (includ11 ing supplies available from Federal warehouse facilities),

12 Federal supply sources (including lodging, airline transpor13 tation, and other means of transportation including the use

14 of interagency motor pool vehicles) or other Federal re15 sources (including supplies, services, and resources avail16 able to the Secretary under any procurement contracts in

17 which the Department is eligible to participate), the Sec18 retary shall acquire and transfer such personnel, supplies,

19 or resources to the Indian tribe.

20 ‘‘(f) REIMBURSEMENT TO INDIAN HEALTH SERVICE.—

21 With respect to functions transferred by the Indian Health

22 Service to an Indian tribe, the Indian Health Service shall

23 provide goods and services to the Indian tribe, on a reim24 bursable basis, including payment in advance with subse25 quent adjustment. The reimbursements received from those
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1 goods and services, along with the funds received from the

2 Indian tribe pursuant to this title, may be credited to the

3 same or subsequent appropriation account which provided

4 the funding, such amounts to remain available until ex5 pended.

6 ‘‘(g) PROMPT PAYMENT ACT.—Chapter 39 of title 31,

7 United States Code, shall apply to the transfer of funds due

8 under a compact or funding agreement authorized under

9 this title.

10 ‘‘(h) INTEREST OR OTHER INCOME ON TRANSFERS.—

11 An Indian tribe is entitled to retain interest earned on any

12 funds paid under a compact or funding agreement to carry

13 out governmental or health purposes and such interest shall

14 not diminish the amount of funds the Indian tribe is au15 thorized to receive under its funding agreement in the year

16 the interest is earned or in any subsequent fiscal year.

17 Funds transferred under this title shall be managed using

18 the prudent investment standard.

19 ‘‘(i) CARRYOVER OF FUNDS.—All funds paid to an In20 dian tribe in accordance with a compact or funding agree21 ment shall remain available until expended. In the event

22 that an Indian tribe elects to carry over funding from 1

23 year to the next, such carryover shall not diminish the

24 amount of funds the Indian tribe is authorized to receive
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1 under its funding agreement in that or any subsequent fis2 cal year.

3 ‘‘(j) PROGRAM INCOME.—All medicare, medicaid, or

4 other program income earned by an Indian tribe shall be

5 treated as supplemental funding to that negotiated in the

6 funding agreement. The Indian tribe may retain all such

7 income and expend such funds in the current year or in

8 future years except to the extent that the Indian Health

9 Care Improvement Act (25 U.S.C. 1601 et seq.) provides

10 otherwise for medicare and medicaid receipts. Such funds

11 shall not result in any offset or reduction in the amount

12 of funds the Indian tribe is authorized to receive under its

13 funding agreement in the year the program income is re14 ceived or for any subsequent fiscal year.

15 ‘‘(k) LIMITATION OF COSTS.—An Indian tribe shall

16 not be obligated to continue performance that requires an

17 expenditure of funds in excess of the amount of funds trans18 ferred under a compact or funding agreement. If at any

19 time the Indian tribe has reason to believe that the total

20 amount provided for a specific activity in the compact or

21 funding agreement is insufficient the Indian tribe shall pro22 vide reasonable notice of such insufficiency to the Secretary.

23 If the Secretary does not increase the amount of funds

24 transferred under the funding agreement, the Indian tribe
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1 may suspend performance of the activity until such time

2 as additional funds are transferred.

3 ‘‘SEC. 509. CONSTRUCTION PROJECTS.

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

5 tribal self-governance may carry out construction projects

6 under this title if they elect to assume all Federal respon7 sibilities under the National Environmental Policy Act of

8 1969 (42 U.S.C. 4321 et seq.), the National Historic Preser9 vation Act (16 U.S.C. 470 et seq.), and related provisions

10 of law that would apply if the Secretary were to undertake

11 a construction project, by adopting a resolution—

12 ‘‘(1) designating a certifying officer to represent

13 the Indian tribe and to assume the status of a respon14 sible Federal official under such laws; and

15 ‘‘(2) accepting the jurisdiction of the Federal

16 court for the purpose of enforcement of the responsibil17 ities of the responsible Federal official under such en18 vironmental laws.

19 ‘‘(b) NEGOTIATIONS.—Construction project proposals

20 shall be negotiated pursuant to the statutory process in sec21 tion 105(m) and resulting construction project agreements

22 shall be incorporated into funding agreements as addenda.

23 ‘‘(c) CODES AND STANDARDS.—The Indian tribe and

24 the Secretary shall agree upon and specify appropriate

25 building codes and architectural and engineering standards
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1 (including health and safety) which shall be in conformity

2 with nationally recognized standards for comparable

3 projects.

4 ‘‘(d) RESPONSIBILITY FOR COMPLETION.—The Indian

5 tribe shall assume responsibility for the successful comple6 tion of the construction project in accordance with the nego7 tiated construction project agreement.

8 ‘‘(e) FUNDING.—Funding for construction projects car9 ried out under this title shall be included in funding agree10 ments as annual advance payments, with semiannual pay11 ments at the option of the Indian tribe. Annual advance

12 and semiannual payment amounts shall be determined

13 based on mutually agreeable project schedules reflecting

14 work to be accomplished within the advance payment pe15 riod, work accomplished and funds expended in previous

16 payment periods, and the total prior payments. The Sec17 retary shall include associated project contingency funds

18 with each advance payment installment. The Indian tribe

19 shall be responsible for the management of the contingency

20 funds included in funding agreements.

21 ‘‘(f) APPROVAL.—The Secretary shall have at least 1

22 opportunity to approve project planning and design docu23 ments prepared by the Indian tribe in advance of construc24 tion of the facilities specified in the scope of work for each

25 negotiated construction project agreement or amendment
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1 thereof which results in a significant change in the original

2 scope of work. The Indian tribe shall provide the Secretary

3 with project progress and financial reports not less than

4 semiannually. The Secretary may conduct onsite project

5 oversight visits semiannually or on an alternate schedule

6 agreed to by the Secretary and the Indian tribe.

7 ‘‘(g) WAGES.—All laborers and mechanics employed by

8 contractors and subcontractors in the construction, alter9 ation, or repair, including painting or decorating of a

10 building or other facilities in connection with construction

11 projects undertaken by self-governance Indian tribes under

12 this Act, shall be paid wages at not less than those pre13 vailing wages on similar construction in the locality as de14 termined by the Indian tribe.

15 ‘‘(h) APPLICATION OF OTHER LAWS.—Unless other16 wise agreed to by the Indian tribe, no provision of the Office

17 of Federal Procurement Policy Act, the Federal Acquisition

18 Regulations issued pursuant thereto, or any other law or

19 regulation pertaining to Federal procurement (including

20 Executive orders) shall apply to any construction project

21 conducted under this title.

22 ‘‘SEC. 510. FEDERAL PROCUREMENT LAWS AND REGULA23 TIONS.

24 ‘‘Notwithstanding any other provision of law, unless

25 expressly agreed to by the participating Indian tribe, the
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1 compacts and funding agreements entered into under this

2 title shall not be subject to Federal contracting or coopera3 tive agreement laws and regulations (including Executive

4 orders and the regulations relating to procurement issued

5 by the Secretary), except to the extent that such laws ex6 pressly apply to Indian tribes.

7 ‘‘SEC. 511. CIVIL ACTIONS.

8 ‘‘(a) CONTRACT DEFINED.—For the purposes of section

9 110, the term ‘contract’ shall include compacts and funding

10 agreements entered into under this title.

11 ‘‘(b) APPLICABILITY OF CERTAIN LAWS.—Section 2103

12 of the Revised Statutes (25 U.S.C. 81) and section 16 of

13 the Act of June 18, 1934 (48 Stat. 987; chapter 576; 25

14 U.S.C. 476), shall not apply to attorney and other profes15 sional contracts entered into by Indian tribes participating

16 in self-governance under this title.

17 ‘‘(c) REFERENCES.—All references in this Act to sec18 tion 1 of the Act of June 26, 1936 (49 Stat. 1967; chapter

19 831) are hereby deemed to include the first section of the

20 Act of July 3, 1952 (66 Stat. 323, chapter 549; 25 U.S.C.

21 82a).

22 ‘‘SEC. 512. FACILITATION.

23 ‘‘(a) SECRETARIAL INTERPRETATION.—Except as oth24 erwise provided by law, the Secretary shall interpret all
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1 Federal laws, Executive orders and regulations in a manner

2 that will facilitate—

3 ‘‘(1) the inclusion of programs, services, func4 tions, and activities (or portions thereof) and funds

5 associated therewith, in the agreements entered into

6 under this section;

7 ‘‘(2) the implementation of compacts and fund8 ing agreements entered into under this title; and

9 ‘‘(3) the achievement of tribal health goals and

10 objectives.

11 ‘‘(b) REGULATION WAIVER.—

12 ‘‘(1) IN GENERAL.—An Indian tribe may submit

13 a written request to waive application of a regulation

14 promulgated under section 517 or the authorities

15 specified in section 505(b) for a compact or funding

16 agreement entered into with the Indian Health Serv17 ice under this title, to the Secretary identifying the

18 applicable Federal regulation sought to be waived and

19 the basis for the request.

20 ‘‘(2) APPROVAL.—Not later than 90 days after

21 receipt by the Secretary of a written request by an

22 Indian tribe to waive application of a regulation for

23 a compact or funding agreement entered into under

24 this title, the Secretary shall either approve or deny

25 the requested waiver in writing. A denial may be
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1 made only upon a specific finding by the Secretary

2 that identified language in the regulation may not be

3 waived because such waiver is prohibited by Federal

4 law. A failure to approve or deny a waiver request

5 not later than 90 days after receipt shall be deemed

6 an approval of such request. The Secretary’s decision

7 shall be final for the Department.

8 ‘‘(c) ACCESS TO FEDERAL PROPERTY.—In connection

9 with any compact or funding agreement executed pursuant

10 to this title or an agreement negotiated under the Tribal

11 Self-Governance Demonstration Project established under

12 title III, as in effect before the enactment of the Tribal Self13 Governance Amendments of 2000, upon the request of an

14 Indian tribe, the Secretary—

15 ‘‘(1) shall permit an Indian tribe to use existing

16 school buildings, hospitals, and other facilities and all

17 equipment therein or appertaining thereto and other

18 personal property owned by the Government within

19 the Secretary’s jurisdiction under such terms and con20 ditions as may be agreed upon by the Secretary and

21 the Indian tribe for their use and maintenance;

22 ‘‘(2) may donate to an Indian tribe title to any

23 personal or real property found to be excess to the

24 needs of any agency of the Department, or the Gen25 eral Services Administration, except that—
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1 ‘‘(A) subject to the provisions of subpara2 graph (B), title to property and equipment fur3 nished by the Federal Government for use in the

4 performance of the compact or funding agree5 ment or purchased with funds under any com6 pact or funding agreement shall, unless otherwise

7 requested by the Indian tribe, vest in the appro8 priate Indian tribe;

9 ‘‘(B) if property described in subparagraph

10 (A) has a value in excess of $5,000 at the time

11 of retrocession, withdrawal, or reassumption, at

12 the option of the Secretary upon the retrocession,

13 withdrawal, or reassumption, title to such prop14 erty and equipment shall revert to the Depart15 ment of Health and Human Services; and

16 ‘‘(C) all property referred to in subpara17 graph (A) shall remain eligible for replacement,

18 maintenance, and improvement on the same

19 basis as if title to such property were vested in

20 the United States; and

21 ‘‘(3) shall acquire excess or surplus Government

22 personal or real property for donation to an Indian

23 tribe if the Secretary determines the property is ap24 propriate for use by the Indian tribe for any purpose
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1 for which a compact or funding agreement is author2 ized under this title.

3 ‘‘(d) MATCHING OR COST-PARTICIPATION REQUIRE4 MENT.—All funds provided under compacts, funding agree5 ments, or grants made pursuant to this Act, shall be treated

6 as non-Federal funds for purposes of meeting matching or

7 cost participation requirements under any other Federal or

8 non-Federal program.

9 ‘‘(e) STATE FACILITATION.—States are hereby author10 ized and encouraged to enact legislation, and to enter into

11 agreements with Indian tribes to facilitate and supplement

12 the initiatives, programs, and policies authorized by this

13 title and other Federal laws benefiting Indians and Indian

14 tribes.

15 ‘‘(f) RULES OF CONSTRUCTION.—Each provision of

16 this title and each provision of a compact or funding agree17 ment shall be liberally construed for the benefit of the In18 dian tribe participating in self-governance and any ambi19 guity shall be resolved in favor of the Indian tribe.

20 ‘‘SEC. 513. BUDGET REQUEST.

21 ‘‘(a) REQUIREMENT OF ANNUAL BUDGET REQUEST.—

22 ‘‘(1) IN GENERAL.—The President shall identify

23 in the annual budget request submitted to Congress

24 under section 1105 of title 31, United States Code, all

25 funds necessary to fully fund all funding agreements
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1 authorized under this title, including funds specifi2 cally identified to fund tribal base budgets. All funds

3 so appropriated shall be apportioned to the Indian

4 Health Service. Such funds shall be provided to the

5 Office of Tribal Self-Governance which shall be re6 sponsible for distribution of all funds provided under

7 section 505.

8 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this

9 subsection shall be construed to authorize the Indian

10 Health Service to reduce the amount of funds that a

11 self-governance tribe is otherwise entitled to receive

12 under its funding agreement or other applicable law,

13 whether or not such funds are apportioned to the Of14 fice of Tribal Self-Governance under this section.

15 ‘‘(b) PRESENT FUNDING; SHORTFALLS.—In such

16 budget request, the President shall identify the level of need

17 presently funded and any shortfall in funding (including

18 direct program and contract support costs) for each Indian

19 tribe, either directly by the Secretary of Health and Human

20 Services, under self-determination contracts, or under com21 pacts and funding agreements authorized under this title.

22 ‘‘SEC. 514. REPORTS.

23 ‘‘(a) ANNUAL REPORT.—

24 ‘‘(1) IN GENERAL.—Not later than January 1 of

25 each year after the date of enactment of the Tribal
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1 Self-Governance Amendments of 2000, the Secretary

2 shall submit to the Committee on Indian Affairs of

3 the Senate and the Committee on Resources of the

4 House of Representatives a written report regarding

5 the administration of this title.

6 ‘‘(2) ANALYSIS.—The report under paragraph

7 (1) shall include a detailed analysis of the level of

8 need being presently funded or unfunded for each In9 dian tribe, either directly by the Secretary, under self10 determination contracts under title I, or under com11 pacts and funding agreements authorized under this

12 Act. In compiling reports pursuant to this section, the

13 Secretary may not impose any reporting require14 ments on participating Indian tribes or tribal organi15 zations, not otherwise provided in this Act.

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

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; and

22 ‘‘(2) identify—

23 ‘‘(A) the relative costs and benefits of self24 governance;
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1 ‘‘(B) with particularity, all funds that are

2 specifically or functionally related to the provi3 sion by the Secretary of services and benefits to

4 self-governance Indian tribes and their members;

5 ‘‘(C) the funds transferred to each self-gov6 ernance Indian tribe and the corresponding re7 duction in the Federal bureaucracy;

8 ‘‘(D) the funding formula for individual

9 tribal shares of all headquarters funds, together

10 with the comments of affected Indian tribes or

11 tribal organizations, developed under subsection

12 (c); and

13 ‘‘(E) amounts expended in the preceding fis14 cal year to carry out inherent Federal functions,

15 including an identification of those functions by

16 type and location;

17 ‘‘(3) contain a description of the method or

18 methods (or any revisions thereof) used to determine

19 the individual tribal share of funds controlled by all

20 components of the Indian Health Service (including

21 funds assessed by any other Federal agency) for inclu22 sion in self-governance compacts or funding agree23 ments;

24 ‘‘(4) before being submitted to Congress, be dis25 tributed to the Indian tribes for comment (with a
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1 comment period of no less than 30 days, beginning on

2 the date of distribution); and

3 ‘‘(5) include the separate views and comments of

4 the Indian tribes or tribal organizations.

5 ‘‘(c) REPORT ON FUND DISTRIBUTION METHOD.—Not

6 later than 180 days after the date of enactment of the Tribal

7 Self-Governance Amendments of 2000, the Secretary shall,

8 after consultation with Indian tribes, submit a written re9 port to the Committee on Resources of the House of Rep10 resentatives and the Committee on Indian Affairs of the

11 Senate that describes the method or methods used to deter12 mine the individual tribal share of funds controlled by all

13 components of the Indian Health Service (including funds

14 assessed by any other Federal agency) for inclusion in self15 governance compacts or funding agreements.

16 ‘‘SEC. 515. DISCLAIMERS.

17 ‘‘(a) NO FUNDING REDUCTION.—Nothing in this title

18 shall be construed to limit or reduce in any way the funding

19 for any program, project, or activity serving an Indian

20 tribe under this or other applicable Federal law. Any In21 dian tribe that alleges that a compact or funding agreement

22 is in violation of this section may apply the provisions of

23 section 110.

24 ‘‘(b) FEDERAL TRUST AND TREATY RESPONSIBIL25 ITIES.—Nothing in this Act shall be construed to diminish
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1 in any way the trust responsibility of the United States

2 to Indian tribes and individual Indians that exists under

3 treaties, Executive orders, or other laws and court decisions.

4 ‘‘(c) TRIBAL EMPLOYMENT.—For purposes of section

5 2(2) of the Act of July 5, 1935 (49 Stat. 450, chapter 372)

6 (commonly known as the ‘National Labor Relations Act’),

7 an Indian tribe carrying out a self-determination contract,

8 compact, annual funding agreement, grant, or cooperative

9 agreement under this Act shall not be considered an em10 ployer.

11 ‘‘(d) OBLIGATIONS OF THE UNITED STATES.—The In12 dian Health Service under this Act shall neither bill nor

13 charge those Indians who may have the economic means

14 to pay for services, nor require any Indian tribe to do so.

15 ‘‘SEC. 516. APPLICATION OF OTHER SECTIONS OF THE ACT.

16 ‘‘(a) MANDATORY APPLICATION.—All provisions of sec17 tions 5(b), 6, 7, 102 (c) and (d), 104, 105 (k) and (l), 106

18 (a) through (k), and 111 of this Act and section 314 of Pub19 lic Law 101–512 (coverage under chapter 171 of title 28,

20 United States Code, commonly known as the ‘Federal Tort

21 Claims Act’), to the extent not in conflict with this title,

22 shall apply to compacts and funding agreements authorized

23 by this title.

24 ‘‘(b) DISCRETIONARY APPLICATION.—At the request of

25 a participating Indian tribe, any other provision of title
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1 I, to the extent such provision is not in conflict with this

2 title, shall be made a part of a funding agreement or com3 pact entered into under this title. The Secretary is obligated

4 to include such provision at the option of the participating

5 Indian tribe or tribes. If such provision is incorporated it

6 shall have the same force and effect as if it were set out

7 in full in this title. In the event an Indian tribe requests

8 such incorporation at the negotiation stage of a compact

9 or funding agreement, such incorporation shall be deemed

10 effective immediately and shall control the negotiation and

11 resulting compact and funding agreement.

12 ‘‘SEC. 517. REGULATIONS.

13 ‘‘(a) IN GENERAL.—

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

15 after the date of enactment of the Tribal Self-Govern16 ance Amendments of 2000, the Secretary shall initiate

17 procedures under subchapter III of chapter 5 of title

18 5, United States Code, to negotiate and promulgate

19 such regulations as are necessary to carry out this

20 title.

21 ‘‘(2) PUBLICATION OF PROPOSED REGULA22 TIONS.—Proposed regulations to implement this title

23 shall be published in the Federal Register by the Sec24 retary no later than 1 year after the date of enact-
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1 ment of the Tribal Self-Governance Amendments of

2 2000.

3 ‘‘(3) EXPIRATION OF AUTHORITY.—The author4 ity to promulgate regulations under paragraph (1)

5 shall expire 21 months after the date of enactment of

6 the Tribal Self-Governance Amendments of 2000.

7 ‘‘(b) COMMITTEE.—

8 ‘‘(1) IN GENERAL.—A negotiated rulemaking

9 committee established pursuant to section 565 of title

10 5, United States Code, to carry out this section shall

11 have as its members only Federal and tribal govern12 ment representatives, a majority of whom shall be

13 nominated by and be representatives of Indian tribes

14 with funding agreements under this Act.

15 ‘‘(2) REQUIREMENTS.—The committee shall con16 fer with, and accommodate participation by, rep17 resentatives of Indian tribes, inter-tribal consortia,

18 tribal organizations, and individual tribal members.

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

20 shall adapt the negotiated rulemaking procedures to the

21 unique context of self-governance and the government-to22 government relationship between the United States and In23 dian tribes.

24 ‘‘(d) EFFECT.—The lack of promulgated regulations

25 shall not limit the effect of this title.
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1 ‘‘(e) EFFECT OF CIRCULARS, POLICIES, MANUALS,

2 GUIDANCES, AND RULES.—Unless expressly agreed to by

3 the participating Indian tribe in the compact or funding

4 agreement, the participating Indian tribe shall not be sub5 ject to any agency circular, policy, manual, guidance, or

6 rule adopted by the Indian Health Service, except for the

7 eligibility provisions of section 105(g) and regulations pro8 mulgated under section 517.

9 ‘‘SEC. 518. APPEALS.

10 ‘‘In any appeal (including civil actions) involving de11 cisions made by the Secretary under this title, the Secretary

12 shall have the burden of proof of demonstrating by clear

13 and convincing evidence—

14 ‘‘(1) the validity of the grounds for the decision

15 made; and

16 ‘‘(2) that the decision is fully consistent with

17 provisions and policies of this title.

18 ‘‘SEC. 519. AUTHORIZATION OF APPROPRIATIONS.

19 ‘‘(a) IN GENERAL.—There are authorized to be appro20 priated such sums as may be necessary to carry out this

21 title.

22 ‘‘(b) AVAILABILITY OF APPROPRIATIONS.—Notwith23 standing any other provision of this Act, the provision of

24 funds under this Act shall be subject to the availability of

25 appropriations and the Secretary is not required to reduce
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1 funding for programs, projects, or activities serving a tribe

2 in order to make funds available to another tribe or tribal

3 organization under this Act.’’.

4 SEC. 5. TRIBAL SELF-GOVERNANCE DEPARTMENT.

5 The Indian Self-Determination and Education Assist6 ance Act (25 U.S.C. 450 et seq.) is amended by adding at

7 the end the following:

8 ‘‘TITLE VI—TRIBAL SELF-GOV9 ERNANCE—DEPARTMENT OF

10 HEALTH AND HUMAN SERV11 ICES

12 ‘‘SEC. 601. DEFINITIONS.

13 ‘‘(a) IN GENERAL.—In this title, the Secretary may

14 apply the definitions contained in title V.

15 ‘‘(b) OTHER DEFINITIONS.—In this title:

16 ‘‘(1) AGENCY.—The term the term ‘agency’

17 means any agency or other organizational unit of the

18 Department of Health and Human Services, other

19 than the Indian Health Service.

20 ‘‘(2) SECRETARY.—The term ‘Secretary’ means

21 the Secretary of Health and Human Services.

22 ‘‘SEC. 602. DEMONSTRATION PROJECT FEASIBILITY.

23 ‘‘(a) STUDY.—The Secretary shall conduct a study to

24 determine the feasibility of a tribal self-governance dem-
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1 onstration project for appropriate programs, services, func2 tions, and activities (or portions thereof) of the agency.

3 ‘‘(b) CONSIDERATIONS.—In conducting the study, the

4 Secretary shall consider—

5 ‘‘(1) the probable effects on specific programs

6 and program beneficiaries of such a demonstration

7 project;

8 ‘‘(2) statutory, regulatory, or other impediments

9 to implementation of such a demonstration project;

10 ‘‘(3) strategies for implementing such a dem11 onstration project;

12 ‘‘(4) probable costs or savings associated with

13 such a demonstration project;

14 ‘‘(5) methods to assure quality and account15 ability in such a demonstration project; and

16 ‘‘(6) such other issues that may be determined by

17 the Secretary or developed through consultation pur18 suant to section 603.

19 ‘‘(c) REPORT.—Not later than 18 months after the date

20 of enactment of this title, the Secretary shall submit a re21 port to the Committee on Indian Affairs of the Senate and

22 the Committee on Resources of the House of Representatives.

23 The report shall contain—

24 ‘‘(1) the results of the study under this section;
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1 ‘‘(2) a list of programs, services, functions, and

2 activities (or portions thereof) within each agency

3 with respect to which it would be feasible to include

4 in a tribal self-governance demonstration project;

5 ‘‘(3) a list of programs, services, functions, and

6 activities (or portions thereof) included in the list

7 provided pursuant to paragraph (2) that could be in8 cluded in a tribal self-governance demonstration

9 project without amending statutes, or waiving regula10 tions that the Secretary may not waive;

11 ‘‘(4) a list of legislative actions required in order

12 to include those programs, services, functions, and ac13 tivities (or portions thereof) included in the list pro14 vided pursuant to paragraph (2) but not included in

15 the list provided pursuant to paragraph (3) in a trib16 al self-governance demonstration project; and

17 ‘‘(5) any separate views of tribes and other enti18 ties consulted pursuant to section 603 related to the

19 information provided pursuant to paragraphs (1)

20 through (4).

21 ‘‘SEC. 603. CONSULTATION.

22 ‘‘(a) STUDY PROTOCOL.—

23 ‘‘(1) CONSULTATION WITH INDIAN TRIBES.—The

24 Secretary shall consult with Indian tribes to deter25 mine a protocol for consultation under subsection (b)
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1 prior to consultation under such subsection with the

2 other entities described in such subsection.

3 ‘‘(2) REQUIREMENTS FOR PROTOCOL.—The pro4 tocol shall require, at a minimum, that—

5 ‘‘(A) the government-to-government relation6 ship with Indian tribes forms the basis for the

7 consultation process;

8 ‘‘(B) the Indian tribes and the Secretary

9 jointly conduct the consultations required by this

10 section; and

11 ‘‘(C) the consultation process allows for sep12 arate and direct recommendations from the In13 dian tribes and other entities described in sub14 section (b).

15 ‘‘(b) CONDUCTING STUDY.—In conducting the study

16 under this title, the Secretary shall consult with Indian

17 tribes, States, counties, municipalities, program bene18 ficiaries, and interested public interest groups, and may

19 consult with other entities as appropriate.

20 ‘‘SEC. 604. AUTHORIZATION OF APPROPRIATIONS.

21 ‘‘There are authorized to be appropriated for fiscal

22 years 2000 and 2001 such sums as may be necessary to

23 carry out this title. Such sums shall remain available until

24 expended.’’.
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1 SEC. 6. AMENDMENTS CLARIFYING CIVIL PROCEEDINGS.

2 Section 102(e)(1) of the Indian Self-Determination

3 and Education Assistance Act (25 U.S.C. 450f(e)(1)) is

4 amended by inserting after ‘‘subsection (b)(3)’’ the fol5 lowing: ‘‘or any civil action conducted pursuant to section

6 110(a)’’.

7 SEC. 7. SPEEDY ACQUISITION OF GOODS, SERVICES, OR

8 SUPPLIES.

9 Section 105(k) of the Indian Self-Determination and

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

11 (1) by striking ‘‘deemed an executive agency’’

12 and inserting ‘‘deemed an executive agency and part

13 of the Indian Health Service’’; and

14 (2) by adding at the end the following: ‘‘For pur15 poses of carrying out such contract, grant, or agree16 ment, the Secretary shall, at the request of an Indian

17 tribe, enter into an agreement for the acquisition, on

18 behalf of the Indian tribe, of any goods, services, or

19 supplies available to the Secretary from the General

20 Services Administration or other Federal agencies

21 that are not directly available to the Indian tribe

22 under this section or under any other Federal law, in23 cluding acquisitions from prime vendors. All such ac24 quisitions shall be undertaken through the most effi25 cient and speedy means practicable, including elec26 tronic ordering arrangements.’’.
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1 SEC. 8. PATIENT RECORDS.

2 Section 105 of the Indian Self-Determination and

3 Education Assistance Act (25 U.S.C. 450j) is amended by

4 adding at the end the following:

5 ‘‘(o) PATIENT RECORDS.—

6 ‘‘(1) IN GENERAL.—At the option of an Indian

7 tribe or tribal organization, patient records may be

8 deemed to be Federal records under those provisions

9 of title 44, United States Code, that are commonly re10 ferred to as the ‘Federal Records Act of 1950’ for the

11 limited purposes of making such records eligible for

12 storage by Federal Records Centers to the same extent

13 and in the same manner as other Department of

14 Health and Human Services patient records.

15 ‘‘(2) TREATMENT OF RECORDS.—Patient records

16 that are deemed to be Federal records under those pro17 visions of title 44, United States Code, that are com18 monly referred to as the ‘Federal Records Act of 1950’

19 pursuant to this subsection shall not be considered

20 Federal records for the purposes of chapter 5 of title

21 5, United States Code.’’.

22 SEC. 9. ANNUAL REPORTS.

23 Section 106 of the Indian Self-Determination and

24 Education Assistance Act (25 U.S.C. 450j-1) is amended—

25 (1) by redesignating subsections (c) through (n)

26 as subsections (d) through (o), respectively; and
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1 (2) by inserting after subsection (b), the fol2 lowing:

3 ‘‘(c) ANNUAL REPORTS.—Not later than May 15 of

4 each year, the Secretary shall prepare and submit to Con5 gress an annual report on the implementation of this Act.

6 Such report shall include—

7 ‘‘(1) an accounting of the total amounts of funds

8 provided for each program and the budget activity for

9 direct program costs and contract support costs of

10 tribal organizations under self-determination;

11 ‘‘(2) an accounting of any deficiency in funds

12 needed to provide required contract support costs to

13 all contractors for the fiscal year for which the report

14 is being submitted;

15 ‘‘(3) the indirect cost rate and type of rate for

16 each tribal organization that has been negotiated with

17 the appropriate Secretary;

18 ‘‘(4) the direct cost base and type of base from

19 which the indirect cost rate is determined for each

20 tribal organization;

21 ‘‘(5) the indirect cost pool amounts and the types

22 of costs included in the indirect cost pool; and

23 ‘‘(6) an accounting of any deficiency in funds

24 needed to maintain the preexisting level of services to

25 any Indian tribes affected by contracting activities
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1 under this Act, and a statement of the amount of

2 funds needed for transitional purposes to enable con3 tractors to convert from a Federal fiscal year account4 ing cycle, as authorized by section 105(d).’’.

5 SEC. 10. REPEAL.

6 (a) IN GENERAL.—Title III of the Indian Self-Deter7 mination and Education Assistance Act (25 U.S.C. 450f

8 note) is repealed.

9 (b) EFFECTIVE DATE.—This section shall take effect

10 on October 1, 1999.

11 SEC. 11. SAVINGS PROVISION.

12 Funds appropriated for title III of the Indian Self13 Determination and Education Assistance Act (25 U.S.C.

14 450f note) shall be available for use under title V of such

15 Act.

16 SEC. 12. OFFICE OF ASSISTANT SECRETARY FOR INDIAN

17 HEALTH.

18 (a) ESTABLISHMENT.—There is established within the

19 Department of Health and Human Services the Office of

20 the Assistant Secretary for Indian Health in order to, in

21 a manner consistent with the government-to-government re22 lationship between the United States and Indian tribes—

23 (1) facilitate advocacy for the development of ap24 propriate Indian health policy; and
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1 (2) promote consultation on matters related to

2 Indian health.

3 (b) ASSISTANT SECRETARY FOR INDIAN HEALTH.—In

4 addition to the functions performed on the date of enact5 ment of this Act by the Director of the Indian Health Serv6 ice, the Assistant Secretary for Indian Health shall perform

7 such functions as the Secretary of Health and Human Serv8 ices (referred to in this section as the ‘‘Secretary’’) may des9 ignate. The Assistant Secretary for Indian Health shall—

10 (1) report directly to the Secretary concerning

11 all policy- and budget-related matters affecting In12 dian health;

13 (2) collaborate with the Assistant Secretary for

14 Health concerning appropriate matters of Indian

15 health that affect the agencies of the Public Health

16 Service;

17 (3) advise each Assistant Secretary of the De18 partment of Health and Human Services concerning

19 matters of Indian health with respect to which that

20 Assistant Secretary has authority and responsibility;

21 (4) advise the heads of other agencies and pro22 grams of the Department of Health and Human Serv23 ices concerning matters of Indian health with respect

24 to which those heads have authority and responsi25 bility; and
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1 (5) coordinate the activities of the Department of

2 Health and Human Services concerning matters of

3 Indian health.

4 (c) REFERENCES.—Reference in any other Federal

5 law, Executive order, rule, regulation, or delegation of au6 thority, or any document of or relating to the Director of

7 the Indian Health Service shall be deemed to refer to the

8 Assistant Secretary for Indian Health.

9 (d) RATE OF PAY.—

10 (1) POSITIONS AT LEVEL IV.—Section 5315 of

11 title 5, United States Code, is amended—

12 (A) by striking the following:

13 ‘‘Assistant Secretaries of Health and Human

14 Services (6).’’; and

15 (B) by inserting the following:

16 ‘‘Assistant Secretaries of Health and Human

17 Services (7).’’.

18 (2) POSITIONS AT LEVEL V.—Section 5316 of

19 title 5, United States Code, is amended by striking

20 the following:

21 ‘‘Director, Indian Health Service, Department of

22 Health and Human Services.’’.

23 (e) DUTIES OF ASSISTANT SECRETARY FOR INDIAN

24 HEALTH.—Section 601(a) of the Indian Health Care Im25 provement Act (25 U.S.C. 1661(a)) is amended—
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1 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’;

2 (2) in the second sentence of paragraph (1), as

3 so designated, by striking ‘‘a Director,’’ and inserting

4 ‘‘the Assistant Secretary for Indian Health,’’; and

5 (3) by striking the third sentence of paragraph

6 (1) and all that follows through the end of the sub7 section and inserting the following: ‘‘The Assistant

8 Secretary for Indian Health shall carry out the duties

9 specified in paragraph (2).

10 ‘‘(2) The Assistant Secretary for Indian Health

11 shall—

12 ‘‘(A) report directly to the Secretary concerning

13 all policy- and budget-related matters affecting In14 dian health;

15 ‘‘(B) collaborate with the Assistant Secretary for

16 Health concerning appropriate matters of Indian

17 health that affect the agencies of the Public Health

18 Service;

19 ‘‘(C) advise each Assistant Secretary of the De20 partment of Health and Human Services concerning

21 matters of Indian health with respect to which that

22 Assistant Secretary has authority and responsibility;

23 ‘‘(D) advise the heads of other agencies and pro24 grams of the Department of Health and Human Serv25 ices concerning matters of Indian health with respect
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1 to which those heads have authority and responsi2 bility; and

3 ‘‘(E) coordinate the activities of the Department

4 of Health and Human Services concerning matters of

5 Indian health.’’.

6 (f) CONTINUED SERVICE BY INCUMBENT.—The indi7 vidual serving in the position of Director of the Indian

8 Health Service on the date preceding the date of enactment

9 of this Act may serve as Assistant Secretary for Indian

10 Health, at the pleasure of the President after the date of

11 enactment of this Act.

12 (g) CONFORMING AMENDMENTS.—

13 (1) AMENDMENTS TO INDIAN HEALTH CARE IM14 PROVEMENT ACT.—The Indian Health Care Improve15 ment Act (25 U.S.C. 1601 et seq.) is amended—

16 (A) in section 601—

17 (i) in subsection (c), by striking ‘‘Di18 rector of the Indian Health Service’’ both

19 places it appears and inserting ‘‘Assistant

20 Secretary for Indian Health’’; and

21 (ii) in subsection (d), by striking ‘‘Di22 rector of the Indian Health Service’’ and

23 inserting ‘‘Assistant Secretary for Indian

24 Health’’; and
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1 (B) in section 816(c)(1), by striking ‘‘Direc2 tor of the Indian Health Service’’ and inserting

3 ‘‘Assistant Secretary for Indian Health’’.

4 (2) AMENDMENTS TO OTHER PROVISIONS OF

5 LAW.—The following provisions are each amended by

6 striking ‘‘Director of the Indian Health Service’’ each

7 place it appears and inserting ‘‘Assistant Secretary

8 for Indian Health’’:

9 (A) Section 203(a)(1) of the Rehabilitation

10 Act of 1973 (29 U.S.C. 761b(a)(1)).

11 (B) Subsections (b) and (e) of section 518 of

12 the Federal Water Pollution Control Act (33

13 U.S.C. 1377 (b) and (e)).

14 (C) Section 803B(d)(1) of the Native Amer15 ican Programs Act of 1974 (42 U.S.C. 2991b–

16 2(d)(1)).

17 SEC. 13. APPLICATION TO ALASKA.

18 (a) Notwithstanding any other provision of law, noth19 ing in this Act, the amendments made thereby, nor its im20 plementation, shall affect—

21 (1) the right of the Consortium of Southcentral

22 Foundation to carry out the programs, functions,

23 services and activities as specified in section 325 of

24 Public Law 105–83 (111 Stat. 55–56), or
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1 (2) the prohibitions in section 351 of section

2 101(e) of Division A, Public Law 105–277.

3 (b) Section 351 of section 101(e) of Division A, Public

4 Law 105–277 and section 326 of Public Law 105–83 (111

5 Stat. 57) are amended by inserting ‘‘as amended’’ after the

6 phrase ‘‘Public Law 93–638 (25 U.S.C. 450 et seq.)’’ where

7 such phrase appears in each section.

Attest:

Secretary.
106TH CONGRESS

2D SESSION H. R. 1167

AMENDMENT
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