II 

108TH CONGRESS 

1ST SESSION S. 288

To encourage contracting by Indians and Indian tribes for the management 

of Federal land, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 4, 2003

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

referred to the Committee on Indian Affairs 

A BILL

To encourage contracting by Indians and Indian tribes for 

the management of Federal land, 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 Contracting 

5 and Federal Land Management Demonstration Project 

6 Act’’. 

7 SEC. 2. PURPOSES. 

8 The purposes of this Act are—

9 (1) to expand the provisions of the Indian Self10 Determination and Education Assistance Act (25 
2

•S 288 IS

1 U.S.C. 450 et seq.) to increase Indian employment 

2 and income through greater contracting opportuni3 ties with the Federal Government; 

4 (2) to encourage contracting by Indians and In5 dian tribes with respect to management of Federal 

6 land—

7 (A) to realize the benefit of Indian knowl8 edge and expertise with respect to the land; and 

9 (B) to promote innovative management 

10 strategies on Federal land that will result in 

11 greater sensitivity toward, and respect for, reli12 gious beliefs and sacred sites of Indians and In13 dian tribes; 

14 (3) to better accommodate access to and cere15 monial use of Indian sacred land by Indian religious 

16 practitioners; and 

17 (4) to prevent significant damage to Indian sa18 cred land. 

19 SEC. 3. TRIBAL PROCUREMENT CONTRACTING AND RES20 ERVATION DEVELOPMENT. 

21 Section 7 of the Indian Self-Determination and Edu22 cation Assistance Act (25 U.S.C. 450e) is amended by 

23 adding at the end the following: 

24 ‘‘(d) TRIBAL PROCUREMENT CONTRACTING AND

25 RESERVATION DEVELOPMENT.—
3

•S 288 IS

1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

2 on request by and application of an Indian tribe to 

3 provide certain services or deliverables that the Sec4 retary of the Interior would otherwise procure from 

5 a private-sector entity (referred to in this subsection 

6 as an ‘applicant tribe’), and absent a request made 

7 by 1 or more Indian tribes that would receive a di8 rect benefit from those services or deliverables to 

9 enter into contracts for those services or deliverables 

10 in accordance with section 102 (referred to in this 

11 subsection as a ‘beneficiary tribe’), the Secretary of 

12 the Interior shall enter into contracts for those serv13 ices or deliverables with the applicant tribe in ac14 cordance with section 102. 

15 ‘‘(2) ASSURANCES.—An applicant tribe shall 

16 provide the Secretary of the Interior with assurances 

17 that the principal beneficiary tribes that receive the 

18 services and deliverables for which the applicant 

19 tribe has entered into a contract with the Secretary 

20 of the Interior remain the Indian tribes originally in21 tended to benefit from the services or deliverables. 

22 ‘‘(3) RIGHTS AND PRIVILEGES.—For the pur23 pose of this subsection, an applicant tribe shall 

24 enjoy, at a minimum, the same rights and privileges 

25 under this Act as would a beneficiary tribe if the 
4

•S 288 IS

1 beneficiary tribe exercised rights to enter into a con2 tract relating to services or deliverables in accord3 ance with section 102. 

4 ‘‘(4) NOTICE OF DESIRE TO CONTRACT.—If a 

5 beneficiary tribe seeks to enter into a contract with 

6 the Secretary of the Interior for services or 

7 deliverables being provided by an applicant tribe—

8 ‘‘(A) the beneficiary tribe shall imme9 diately provide notice of the desire to enter into 

10 a contract for those services and deliverables to 

11 the applicant tribe and the Secretary; and 

12 ‘‘(B) not later than the date that is 180 

13 days after the date on which the applicant tribe 

14 and the Secretary of the Interior receive the no15 tice, the contract between the applicant tribe 

16 and the Secretary of the Interior for the serv17 ices or deliverables shall terminate.’’. 

18 SEC. 4. INDIAN AND FEDERAL LAND MANAGEMENT DEM19 ONSTRATION PROJECT. 

20 Section 403 of the Indian Self-Determination and 

21 Education Assistance Act (25 U.S.C. 458cc) is amended 

22 by adding at the end the following: 

23 ‘‘(m) INDIAN AND FEDERAL LAND MANAGEMENT

24 DEMONSTRATION PROJECT.—

25 ‘‘(1) DEFINITIONS.—In this subsection: 
5

•S 288 IS

1 ‘‘(A) FEDERAL LAND.—

2 ‘‘(i) IN GENERAL.—The term ‘Federal 

3 land’ means any land or interest in or to 

4 land owned by the United States. 

5 ‘‘(ii) INCLUSION.—The term ‘Federal 

6 land’ includes a leasehold interest held by 

7 the United States. 

8 ‘‘(iii) EXCLUSION.—The term ‘Fed9 eral land’ does not include land held in 

10 trust by the United States for the benefit 

11 of an Indian tribe. 

12 ‘‘(B) PROJECT.—The term ‘project’ means 

13 the Indian and Federal Land Management 

14 Demonstration Project established under para15 graph (2). 

16 ‘‘(C) SECRETARY.—The term ‘Secretary’ 

17 means the Secretary of the Interior. 

18 ‘‘(2) ESTABLISHMENT.—The Secretary shall es19 tablish a demonstration project, to be known as the 

20 ‘Indian and Federal Land Management Demonstra21 tion Project’, to enter into contracts with Indian 

22 tribes or tribal organizations under which the Indian 

23 tribes or tribal organizations shall carry out activi24 ties relating to Federal land management, includ25 ing—
6

•S 288 IS

1 ‘‘(A) archaeological, anthropological, and 

2 cultural surveys and analyses; and 

3 ‘‘(B) activities relating to the identifica4 tion, maintenance, or protection of land consid5 ered to have religious, ceremonial, or cultural 

6 significance to the Indian tribe or tribal organi7 zation. 

8 ‘‘(3) PARTICIPATION.—During each of the 2 

9 fiscal years after the date of enactment of this sub10 section, the Secretary shall select not less than 12 

11 eligible Indian tribes or tribal organizations to par12 ticipate in the project. 

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

14 in the project, an Indian tribe or tribal organization, 

15 shall—

16 ‘‘(A) request participation by resolution or 

17 other official action of the governing body of 

18 the Indian tribe or tribal organization; 

19 ‘‘(B) with respect to the 3 fiscal years im20 mediately preceding the fiscal year for which 

21 participation is requested, demonstrate financial 

22 stability and financial management capability 

23 by showing that there were no unresolved sig24 nificant and material audit exceptions in the re25 quired annual audit of the self-determination 
7

•S 288 IS

1 contracts of the Indian tribe or tribal organiza2 tion; 

3 ‘‘(C) demonstrate significant use of or de4 pendency on the relevant conservation system 

5 unit or other public land unit for which pro6 grams, functions, services, and activities are re7 quested to be placed under contract with re8 spect to the project; and 

9 ‘‘(D) before entering into any contract de10 scribed in paragraph (6), complete a planning 

11 phase described in paragraph (5). 

12 ‘‘(5) PLANNING PHASE.—Not later than 1 year 

13 after the date on which the Secretary selects an In14 dian tribe or tribal organization to participate in the 

15 project, the Indian tribe or tribal organization shall 

16 complete, to the satisfaction of the Indian tribe or 

17 tribal organization, a planning phase that includes—

18 ‘‘(A) legal and budgetary research; and 

19 ‘‘(B) internal tribal planning and organiza20 tional preparation. 

21 ‘‘(6) CONTRACTS.—

22 ‘‘(A) IN GENERAL.—On request by an In23 dian tribe or tribal organization that meets the 

24 eligibility criteria specified in paragraph (4), the 

25 Secretary shall negotiate and enter into a con-
8

•S 288 IS

1 tract with the Indian tribe or tribal organiza2 tion under which the Indian tribe or tribal orga3 nization shall plan, conduct, and administer 

4 programs, services, functions, and activities (or 

5 portions of programs, services, functions, and 

6 activities) requested by the Indian tribe or trib7 al organization that relate to—

8 ‘‘(i) archaeological, anthropological, 

9 and cultural surveys and analyses; and 

10 ‘‘(ii) the identification, maintenance, 

11 or protection of land considered to have re12 ligious, ceremonial, or cultural significance 

13 to the Indian tribe or tribal organization. 

14 ‘‘(B) TIME LIMITATION FOR NEGOTIATION

15 OF CONTRACTS.—Not later than 90 days after 

16 a participating Indian tribe or tribal organiza17 tion notifies the Secretary of completion by the 

18 Indian tribe or tribal organization of the plan19 ning phase described in paragraph (5), the Sec20 retary shall initiate and conclude negotiations 

21 with respect to a contract described in subpara22 graph (A) (unless an alternative negotiation 

23 and implementation schedule is agreed to by 

24 the Secretary and the Indian tribe or tribal or25 ganization). 
9

•S 288 IS

1 ‘‘(C) IMPLEMENTATION.—An Indian tribe 

2 or tribal organization that enters into a con3 tract under this paragraph shall begin imple4 mentation of the contract—

5 ‘‘(i) not later than October 1 of the 

6 fiscal year following the fiscal year in 

7 which the Indian tribe or tribal organiza8 tion completes the planning phase under 

9 paragraph (5); or 

10 ‘‘(ii) in accordance with an alternative 

11 implementation schedule agreed to under 

12 subparagraph (B). 

13 ‘‘(D) TERM.—A contract entered into 

14 under this paragraph may have a term of not 

15 to exceed 5 fiscal years, beginning with the fis16 cal year in which the contract is entered into. 

17 ‘‘(E) DECLINATION AND APPEALS PROVI18 SIONS.—The provisions of this Act relating to 

19 declination and appeals of contracts, including 

20 section 110, shall apply to a contract negotiated 

21 under this paragraph. 

22 ‘‘(7) ADMINISTRATION OF CONTRACTS.—

23 ‘‘(A) INCLUSION OF CERTAIN TERMS.—

24 ‘‘(i) IN GENERAL.—At the request of 

25 an Indian tribe or tribal organization, the 
10

•S 288 IS

1 benefits, privileges, terms, and conditions 

2 of agreements entered into in accordance 

3 with this Act, and such other terms and 

4 conditions as are mutually agreed to and 

5 not otherwise contrary to law, may be in6 cluded in a contract entered into under 

7 paragraph (6). 

8 ‘‘(ii) FORCE AND EFFECT.—If any 

9 provision of this Act is incorporated in a 

10 contract under clause (i), the provision 

11 shall—

12 ‘‘(I) have the same force and ef13 fect as under this Act; and 

14 ‘‘(II) apply notwithstanding any 

15 other provision of law. 

16 ‘‘(B) AUDIT.—A contract entered into 

17 under paragraph (6) shall provide for a single18 agency audit report to be filed in accordance 

19 with chapter 75 of title 31, United States Code. 

20 ‘‘(C) TRANSFER OF EMPLOYEES.—

21 ‘‘(i) IN GENERAL.—A Federal em22 ployee employed at the time of transfer of 

23 administrative responsibility for a pro24 gram, service, function, or activity to an 

25 Indian tribe or tribal organization under
11

•S 288 IS

1 this subsection shall not be separated from 

2 Federal service by reason of the transfer. 

3 ‘‘(ii) INTERGOVERNMENTAL AC4 TIONS.—An intergovernmental personnel 

5 action may be used to transfer supervision 

6 of a Federal employee described in clause 

7 (i) to an Indian tribe or tribal organiza8 tion. 

9 ‘‘(iii) TREATMENT OF TRANSFERRED

10 EMPLOYEES.—Notwithstanding any pri11 ority reemployment list, directive, rule, reg12 ulation, or other order from the Depart13 ment of the Interior, the Office of Manage14 ment and Budget, or any other Federal 

15 agency, a Federal employee described in 

16 clause (i) shall be given priority placement 

17 for any available position within the re18 spective agency of the employee. 

19 ‘‘(8) FUNDING AND PAYMENTS.—A contract en20 tered into under paragraph (6) shall provide that, 

21 with respect to the transfer of administrative respon22 sibility for each program, service, function, and ac23 tivity covered by the contract—

24 ‘‘(A) for each fiscal year during which the 

25 contract is in effect, the Secretary shall provide 
12

•S 288 IS

1 to the Indian tribe or tribal organization that is 

2 a party to the contract funds in an amount that 

3 is at least equal to the amount that the Sec4 retary would have otherwise expended in car5 rying out the program, service, function, or ac6 tivity for the fiscal year; and 

7 ‘‘(B) funds provided to an Indian tribe or 

8 tribal organization under subparagraph (A) 

9 shall be paid by the Secretary by such date be10 fore the beginning of the applicable fiscal year 

11 as the Secretary and the Indian tribe or tribal 

12 organization may jointly determine, in the form 

13 of annual or semiannual installments. 

14 ‘‘(9) PLANNING GRANTS.—

15 ‘‘(A) IN GENERAL.—Subject to the avail16 ability of appropriations, on application by an 

17 Indian tribe or tribal organization that is a par18 ticipant in the project, the Secretary shall pro19 vide to the Indian tribe or tribal organization a 

20 grant in the amount of $100,000 to assist the 

21 Indian tribe or tribal organization in—

22 ‘‘(i) completing the planning phase de23 scribed in paragraph (5); and 

24 ‘‘(ii) planning for the contracting of 

25 programs, functions, services, and activi-
13

•S 288 IS

1 ties in accordance with a contract entered 

2 into under paragraph (6). 

3 ‘‘(B) NO REQUIREMENT OF GRANT.—An 

4 Indian tribe or tribal organization may carry 

5 out responsibilities of the Indian tribe or tribal 

6 organization described in subparagraph (A) 

7 without applying for a grant under this para8 graph. 

9 ‘‘(C) LIMITATION ON GRANTS.—No Indian 

10 tribe or tribal organization may receive more 

11 than 1 grant under this paragraph. 

12 ‘‘(D) AUTHORIZATION OF APPROPRIA13 TIONS.—There are authorized to be appro14 priated to carry out this paragraph such sums 

15 as are necessary for each of the 2 fiscal years 

16 following the fiscal year in which this subsection 

17 is enacted. 

18 ‘‘(10) REPORT.—Not later than 90 days after 

19 each of December 31, 2003, and December 31, 

20 2006, the Secretary shall submit to Congress a de21 tailed report on the project, including—

22 ‘‘(A) a description of the project; 

23 ‘‘(B) findings with respect to the project; 

24 and 
14

•S 288 IS

1 ‘‘(C) an analysis of the costs and benefits 

2 of the project.’’.

Æ