by the Secretary in consultation with the In-
spector General, as appropriate. 
‘‘(2) PROHIBITION.—The Secretary shall not 
reassume operation of a program in whole or part 
unless— 
‘‘(A) the Secretary first provides written 
notice and a hearing on the record to the In-
dian tribe; and 
‘‘(B) the Indian tribe does not take correc-
tive action to remedy mismanagement of the 
funds or the imminent jeopardy to a physical 
trust asset, natural resource, or public health 
and safety. 
‘‘(3) EXCEPTION.— 
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (2), the Secretary may, on written notice 
to the Indian tribe, immediately reassume oper-
ation of a program if— 
‘‘(i) the Secretary makes a finding of 
both imminent and substantial jeopardy 
and irreparable harm to a physical trust 
asset, a natural resource, or the public 
health and safety caused by an act or 
omission of the Indian tribe; and 
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‘‘(ii) the imminent and substantial 
jeopardy, and irreparable harm to the 
physical trust asset, natural resource, or 
public health and safety arises out of a 
failure by the Indian tribe to carry out its 
compact or funding agreement. 
‘‘(B) REASSUMPTION.—If the Secretary re-
assumes operation of a program under subpara-
graph (A), the Secretary shall provide the In-
dian tribe with a hearing on the record not 
later than 10 days after the date of reassump-
tion. 
‘‘(c) INABILITY TO AGREE ON COMPACT OR FUNDING 
AGREEMENT.— 
‘‘(1) FINAL
OFFER.—If the Secretary and a 
participating Indian tribe are unable to agree, in 
whole or in part, on the terms of a compact or fund-
ing agreement (including funding levels), the Indian 
tribe may submit a final offer to the Secretary. 
‘‘(2) DETERMINATION.—Not more than 45 
days after the date of submission of a final offer, or 
as otherwise agreed to by the Indian tribe, the Sec-
retary shall review and make a determination with 
respect to the final offer. 
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‘‘(3) NO TIMELY DETERMINATION.—If the Sec-
retary fails to make a determination with respect to 
a final offer within the time specified in paragraph 
(2), the Secretary shall be deemed to have agreed to 
the offer. 
‘‘(4) REJECTION OF FINAL OFFER.— 
‘‘(A) IN GENERAL.—If the Secretary re-
jects a final offer (or one or more provisions or 
funding levels in a final offer), the Secretary 
shall— 
‘‘(i) provide timely written notification 
to the Indian tribe that contains a specific 
finding that clearly demonstrates, or that 
is supported by a controlling legal author-
ity, that— 
‘‘(I) the amount of funds pro-
posed in the final offer exceeds the 
applicable funding level to which the 
Indian tribe is entitled under this 
title; 
‘‘(II) the program that is the 
subject of the final offer is an inher-
ent Federal function; 
‘‘(III) the Indian tribe cannot 
carry out the program in a manner 
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that would not result in significant 
danger or risk to the public health; 
‘‘(IV) the Indian tribe is not eli-
gible to participate in self-governance 
under section 403(b); or 
‘‘(V) 
the 
funding 
agreement 
would violate Federal statute or regu-
lation; 
‘‘(ii) provide technical assistance to 
overcome the objections stated in the noti-
fication required by clause (i); 
‘‘(iii) provide the Indian tribe with a 
hearing on the record with the right to en-
gage in full discovery relevant to any issue 
raised in the matter and the opportunity 
for appeal on the objections raised (except 
that the Indian tribe may, in lieu of filing 
such appeal, directly proceed to initiate an 
action in a Federal district court under 
section 110(a)); and 
‘‘(iv) provide the Indian tribe the op-
tion of entering into the severable portions 
of a final proposed compact or funding 
agreement (including a lesser funding 
amount, if any), that the Secretary did not 
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reject, subject to any additional alterations 
necessary to conform the compact or fund-
ing agreement to the severed provisions. 
‘‘(B) EFFECT
OF
EXERCISING
CERTAIN 
OPTION.—If an Indian tribe exercises the op-
tion specified in subparagraph (A)(iv)— 
‘‘(i) the Indian tribe shall retain the 
right to appeal the rejection by the Sec-
retary under this section; and 
‘‘(ii) clauses (i), (ii), and (iii) of sub-
paragraph (A) shall apply only to the por-
tion of the proposed final compact or fund-
ing agreement that was rejected by the 
Secretary. 
‘‘(d) BURDEN
OF PROOF.—In any administrative 
hearing or appeal or civil action brought under this sec-
tion, the Secretary shall have the burden of demonstrating 
by clear and convincing evidence the validity of the 
grounds for rejecting a final offer made under subsection 
(c) or the grounds for a reassumption under subsection 
(b). 
‘‘(e) GOOD FAITH.— 
‘‘(1) IN GENERAL.—In the negotiation of com-
pacts and funding agreements, the Secretary shall at 
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all times negotiate in good faith to maximize imple-
mentation of the self-governance policy. 
‘‘(2) POLICY.—The Secretary shall carry out 
this title in a manner that maximizes the policy of 
tribal self-governance. 
‘‘(f) SAVINGS.—To the extent that programs carried 
out by Indian tribes and tribal organizations under this 
title reduce the administrative or other responsibilities of 
the Secretary with respect to the operation of Indian pro-
grams and result in savings that have not otherwise been 
included in the amount of tribal shares and other funds 
determined under section 409(c), the Secretary shall make 
such savings available to the Indian tribes or tribal organi-
zations for the provision of additional services to program 
beneficiaries in a manner equitable to directly served, con-
tracted, and compacted programs. 
‘‘(g) TRUST RESPONSIBILITY.—The Secretary may 
not waive, modify, or diminish in any way the trust re-
sponsibility of the United States with respect to Indian 
tribes and individual Indians that exists under treaties, 
Executive orders, other laws, or court decisions. 
‘‘(h) DECISIONMAKER.—A decision that constitutes 
final agency action and relates to an appeal within the 
Department conducted under subsection (c)(4) may be 
made— 
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‘‘(1) by an official of the Department who holds 
a position at a higher organizational level within the 
Department than the level of the departmental agen-
cy in which the decision that is the subject of the 
appeal was made; or 
‘‘(2) by an administrative law judge. 
‘‘(i) RULES OF CONSTRUCTION.—Each provision of 
this title and each provision of a compact or funding 
agreement shall be liberally construed for the benefit of 
the Indian tribe participating in self-governance, and any 
ambiguity shall be resolved in favor of the Indian tribe. 
‘‘SEC. 408. CONSTRUCTION PROGRAMS AND PROJECTS. 
‘‘(a) IN GENERAL.—Indian tribes participating in 
tribal self-governance may carry out construction projects 
under this title. 
‘‘(b) TRIBAL OPTION TO CARRY OUT CERTAIN FED-
ERAL ENVIRONMENTAL ACTIVITIES.—In carrying out a 
construction project under this title, an Indian tribe may, 
in its discretion, elect to assume some or all Federal re-
sponsibilities under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), the National His-
toric Preservation Act (16 U.S.C. 470 et seq.), and related 
provisions of law that would apply if the Secretary were 
to undertake a construction project, by adopting a resolu-
tion— 
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‘‘(1) designating a certifying tribal officer to 
represent the Indian tribe and to assume the status 
of a responsible Federal official under such laws; 
and 
‘‘(2) accepting the jurisdiction of the Federal 
courts for the purpose of enforcing the responsibil-
ities of the certifying tribal officer assuming the sta-
tus of a responsible Federal official under such laws. 
‘‘(c) CODES AND STANDARDS.—In carrying out a 
construction project under this title, an Indian tribe 
shall— 
‘‘(1) adhere to appropriate building codes and 
architectural and engineering standards (including 
health and safety) in conformity with nationally rec-
ognized standards for comparable projects; and 
‘‘(2) use only architects and engineers who are 
State licensed and bonded and who certify that— 
‘‘(A) they are qualified to perform the 
work required by the specific construction in-
volved; and 
‘‘(B) the plans and specifications meet or 
exceed the applicable health and safety codes 
and standards. 
‘‘(d) TRIBAL ACCOUNTABILITY.— 
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‘‘(1) In carrying out a construction project 
under this title, an Indian tribe shall assume respon-
sibility for the successful completion of the construc-
tion project. 
‘‘(2) For each construction project carried out 
by an Indian tribe under this title, the Indian tribe 
and the Secretary shall negotiate a provision to be 
included in the funding agreement that identifies— 
‘‘(A) the approximate start and completion 
dates for the project, which may extend over a 
period of one or more years; 
‘‘(B) a general description of the project; 
‘‘(C) the responsibilities of the Indian tribe 
and the Secretary for the project; 
‘‘(D) how project-related environmental 
considerations will be addressed; 
‘‘(E) the amount of funds provided for the 
project; and 
‘‘(F) the obligations of the Indian tribe to 
comply with applicable Federal laws, statutes, 
and regulations. 
‘‘(e) FUNDING.—Funding appropriated for construc-
tion projects carried out under this title shall be included 
in funding agreements as annual or semiannual advance 
payments at the option of the Indian tribe. The Secretary 
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shall include all associated project contingency funds with 
each advance payment. The Indian tribe shall be respon-
sible for the management of such contingency funds. 
‘‘(f) NEGOTIATIONS.—At the option of the Indian 
tribe, construction project funding proposals shall be nego-
tiated pursuant to the statutory process in section 450j(m) 
of title 25 and any resulting construction project agree-
ment shall be incorporated into the funding agreement as 
addenda. 
‘‘(g) FEDERAL REVIEW AND APPROVAL.—The Sec-
retary shall have at least one opportunity to review and 
approve project planning and design documents prepared 
by the Indian tribe in advance of initial construction, and, 
before they are implemented, at least one opportunity to 
review and approve subsequent document amendments 
which result in a significant change in construction. The 
Indian tribe shall provide the Secretary with project 
progress and financial reports not less than semiannually. 
The Secretary may conduct onsite project oversight visits 
semiannually or on an alternate schedule agreed to by the 
Secretary and the Indian tribe. 
‘‘(h) APPLICATION OF OTHER LAWS.—Unless other-
wise agreed to by the Indian tribe, no provision of the Of-
fice of Federal Procurement Policy Act (41 U.S.C. 401 
et seq.), the Federal Acquisition Regulations issued pursu-
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ant thereto, or any other law or regulation pertaining to 
Federal procurement (including Executive orders) shall 
apply to any construction program or project carried out 
under this title. 
‘‘SEC. 409. PAYMENT. 
‘‘(a) IN GENERAL.—At the request of the governing 
body of the Indian tribe and under the terms of an agree-
ment, the Secretary shall provide funding to the Indian 
tribe to carry out the funding agreement. 
‘‘(b) ADVANCE ANNUAL PAYMENT.—At the option of 
the Indian tribe, a funding agreement shall provide for 
an advance annual payment to an Indian tribe. 
‘‘(c) AMOUNT.—Subject to subsection (e) and sec-
tions 405 and 406 of this title, the Secretary shall provide 
funds to the Indian tribe under a funding agreement for 
programs in an amount that is equal to the amount that 
the Indian tribe would have been entitled to receive under 
contracts and grants under this Act (including amounts 
for direct program and contract support costs and, in ad-
dition, any funds that are specifically or functionally re-
lated to the provision by the Secretary of services and ben-
efits to the Indian tribe or its members) without regard 
to the organization level within the Department in which 
the programs are carried out. 
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‘‘(d) TIMING.—Pursuant to the terms of any compact 
or funding agreement entered into under this part, the 
Secretary shall transfer to the Indian tribe all funds pro-
vided for in the funding agreement, pursuant to subsection 
(c), and provide funding for periods covered by joint reso-
lution adopted by Congress making continuing appropria-
tions, to the extent permitted by such resolution. Within 
12 months from the date of enactment of this bill, in any 
instance where a funding agreement requires an annual 
transfer of funding to be made at the beginning of a fiscal 
year, or requires semiannual or other periodic transfers 
of funding to be made commencing at the beginning of 
a fiscal year, the first such transfer shall be made not later 
than 10 days after the apportionment of such funds by 
the Office of Management and Budget to the Department, 
unless the funding agreement provides otherwise. 
‘‘(e) AVAILABILITY.—Funds for trust services to indi-
vidual Indians shall be available under a funding agree-
ment only to the extent that the same services that would 
have been provided by the Secretary are provided to indi-
vidual Indians by the Indian tribe. 
‘‘(f) MULTIYEAR FUNDING.—A funding agreement 
may provide for multiyear funding. 
‘‘(g) LIMITATIONS
ON AUTHORITY
OF
THE SEC-
RETARY.—The Secretary shall not— 
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‘‘(1) fail to transfer to an Indian tribe its full 
share of any central, headquarters, regional, area, or 
service unit office or other funds due under this 
title, except as required by Federal law; 
‘‘(2) withhold any portion of such funds for 
transfer over a period of years; or 
‘‘(3) reduce the amount of funds required under 
this title— 
‘‘(A) to make funding available for self- 
governance monitoring or administration by the 
Secretary; 
‘‘(B) in subsequent years, except as nec-
essary as a result of— 
‘‘(i) a reduction in appropriations 
from the previous fiscal year for the pro-
gram to be included in a compact or fund-
ing agreement; 
‘‘(ii) a congressional directive in legis-
lation or an accompanying report; 
‘‘(iii) a tribal authorization; 
‘‘(iv) a change in the amount of pass- 
through funds subject to the terms of the 
funding agreement; or 
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‘‘(v) completion of an activity under a 
program for which the funds were pro-
vided; 
‘‘(C) to pay for Federal functions, includ-
ing— 
‘‘(i) Federal pay costs; 
‘‘(ii) Federal employee retirement ben-
efits; 
‘‘(iii) automated data processing; 
‘‘(iv) technical assistance; and 
‘‘(v) monitoring of activities under 
this title; or 
‘‘(D) to pay for costs of Federal personnel 
displaced by self-determination contracts under 
this Act or self-governance under this title. 
‘‘(h) FEDERAL RESOURCES.—If an Indian tribe 
elects to carry out a compact or funding agreement with 
the use of Federal personnel, Federal supplies (including 
supplies available from Federal warehouse facilities), Fed-
eral supply sources (including lodging, airline transpor-
tation, and other means of transportation including the 
use of interagency motor pool vehicles), or other Federal 
resources (including supplies, services, and resources 
available to the Secretary under any procurement con-
tracts in which the Department is eligible to participate), 
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the Secretary shall acquire and transfer such personnel, 
supplies, or resources to the Indian tribe under this title. 
‘‘(i) PROMPT PAYMENT ACT.—Chapter 39 of title 31, 
United States Code, shall apply to the transfer of funds 
due under a compact or funding agreement authorized 
under this title. 
‘‘(j) INTEREST OR OTHER INCOME.— 
‘‘(1) IN GENERAL.—An Indian tribe may retain 
interest or income earned on any funds paid under 
a compact or funding agreement to carry out gov-
ernmental purposes. 
‘‘(2) NO EFFECT ON OTHER AMOUNTS.—The 
retention of interest or income under paragraph (1) 
shall not diminish the amount of funds an Indian 
tribe is entitled to receive under a funding agree-
ment in the year the interest or income is earned or 
in any subsequent fiscal year. 
‘‘(3) INVESTMENT
STANDARD.—Funds trans-
ferred under this title shall be managed using the 
prudent investment standard. 
‘‘(k) CARRYOVER OF FUNDS.— 
‘‘(1) IN GENERAL.—Notwithstanding any provi-
sion of an Act of appropriation, all funds paid to an 
Indian tribe in accordance with a compact or fund-
ing agreement shall remain available until expended. 
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‘‘(2) EFFECT
OF
CARRYOVER.—If an Indian 
tribe elects to carry over funding from 1 year to the 
next, the carryover shall not diminish the amount of 
funds the Indian tribe is entitled to receive under a 
funding agreement in that fiscal year or any subse-
quent fiscal year. 
‘‘(l) LIMITATION OF COSTS.— 
‘‘(1) IN GENERAL.—An Indian tribe shall not 
be obligated to continue performance that requires 
an expenditure of funds in excess of the amount of 
funds transferred under a compact or funding agree-
ment. 
‘‘(2) NOTICE
OF
INSUFFICIENCY.—If at any 
time the Indian tribe has reason to believe that the 
total amount provided for a specific activity under a 
compact or funding agreement is insufficient, the In-
dian tribe shall provide reasonable notice of such in-
sufficiency to the Secretary. 
‘‘(3) SUSPENSION OF PERFORMANCE.—If, after 
notice under paragraph (2), the Secretary does not 
increase the amount of funds transferred under the 
funding agreement, the Indian tribe may suspend 
performance of the activity until such time as addi-
tional funds are transferred. 
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‘‘(m) DISTRIBUTION OF FUNDS.—The Office of Self- 
Governance shall be responsible for distribution of all Bu-
reau of Indian Affairs funds provided under this title un-
less otherwise agreed by the parties. 
‘‘SEC. 410. FACILITATION. 
‘‘(a) IN GENERAL.—Except as otherwise provided by 
law, the Secretary shall interpret each Federal law and 
regulation in a manner that facilitates— 
‘‘(1) the inclusion of programs in funding 
agreements; and 
‘‘(2) the implementation of funding agreements. 
‘‘(b) REGULATION WAIVER.— 
‘‘(1) REQUEST.—An Indian tribe may submit a 
written request for a waiver to the Secretary identi-
fying the specific text in regulation sought to be 
waived and the basis for the request. 
‘‘(2) DETERMINATION BY THE SECRETARY.— 
Not later than 120 days after receipt by the Sec-
retary of a request under paragraph (1), the Sec-
retary shall approve or deny the requested waiver in 
writing to the Indian tribe. 
‘‘(3) GROUND
FOR
DENIAL.—The Secretary 
may deny a request under paragraph (1) only upon 
a specific finding by the Secretary that the identified 
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text in the regulation may not be waived because 
such a waiver is prohibited by Federal law. 
‘‘(4) FAILURE TO MAKE DETERMINATION.—If 
the Secretary fails to approve or deny a waiver re-
quest within the time required under paragraph (2), 
the Secretary shall be deemed to have approved the 
request. 
‘‘(5) FINALITY.—The Secretary’s decision shall 
be final for the Department. 
‘‘SEC. 411. DISCLAIMERS. 
‘‘Nothing in this title expands or alters any statutory 
authority of the Secretary so as to authorize the Secretary 
to enter into any agreement under section 405(b)(2) or 
405(b)(3)— 
‘‘(1) with respect to an inherent Federal func-
tion; 
‘‘(2) in a case in which the law establishing a 
program explicitly prohibits the type of participation 
sought by the Indian tribe (without regard to wheth-
er one or more Indian tribes are identified in the au-
thorizing law); or 
‘‘(3) limits or reduces in any way the services, 
contracts, or funds that any other Indian tribe or 
tribal organization is eligible to receive under section 
102 or any other applicable Federal law. 
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‘‘SEC. 412. DISCRETIONARY APPLICATION OF OTHER SEC-
TIONS. 
‘‘(a) IN GENERAL.—At the option of a participating 
Indian tribe or Indian tribes, any or all of the provisions 
of title I shall be incorporated in any Department compact 
or funding agreement. 
‘‘(b) EFFECT.—Each incorporated provision— 
‘‘(1) shall have the same force and effect as if 
set out in full in this title; and 
‘‘(2) shall be deemed to supplement or replace 
any related provision in this title and to apply to any 
agency otherwise governed by this title. 
‘‘(c) EFFECTIVE DATE.—If an Indian tribe requests 
incorporation at the negotiation stage of a compact or 
funding agreement, the incorporation— 
‘‘(1) shall be deemed effective immediately; and 
‘‘(2) shall control the negotiation and resulting 
compact and funding agreement. 
‘‘SEC. 413. FUNDING NEEDS. 
‘‘(a) REQUIREMENT
OF
ANNUAL
BUDGET
RE-
QUEST.— 
‘‘(1) IN GENERAL.—The President shall iden-
tify in the annual budget request submitted to Con-
gress under section 1105 of title 31, United States 
Code, all funds necessary to fully fund all funding 
agreements authorized under this Act. 
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‘‘(2) DUTY
OF
SECRETARY.—The Secretary 
shall identify in each budget request the amount of 
funds that are sufficient for planning and negotia-
tion grants and sufficient to cover any shortfall in 
funding identified under subsection (b). 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection authorizes the Secretary to reduce 
the amount of funds that an Indian tribe is other-
wise entitled to receive under a funding agreement 
or other applicable law. 
‘‘(b) PRESENT FUNDING; SHORTFALLS.—In each re-
port identified in subsection (a), the Secretary shall iden-
tify the level of need presently funded and any shortfall 
in funding (including direct program costs, tribal shares, 
and contract support costs) for each Indian tribe, either 
directly by the Secretary, under self-determination con-
tracts, or under compacts and funding agreements. The 
first report identified in subsection (a) shall be limited to 
the area office and shall be due on January 1, 2011. The 
next report due on January 1, 2012, shall include all fund-
ing at the area and regional offices. The next report due 
on January 1, 2013, and all subsequent reports, shall in-
clude all funding at the area, regional, and central offices. 
‘‘SEC. 414. REPORTS. 
‘‘(a) IN GENERAL.— 
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‘‘(1) REQUIREMENT.—On January 1 of each 
year, the Secretary shall submit to Congress a re-
port regarding the administration of this title. 
‘‘(2) ANALYSIS.—A report under paragraph (1) 
shall include a detailed analysis of tribal unmet need 
for each Indian tribe, either directly by the Sec-
retary, under self-determination contracts under title 
I, or under compacts and funding agreements au-
thorized under this title. 
‘‘(3) NO
ADDITIONAL
REPORTING
REQUIRE-
MENTS.—In preparing reports under paragraph (1), 
the Secretary may not impose any reporting require-
ments on participating Indian tribes not otherwise 
provided by this title. 
‘‘(b) CONTENTS.—The report under subsection (a)(1) 
shall— 
‘‘(1) be compiled from information contained in 
funding agreements, annual audit reports, and data 
of the Secretary regarding the disposition of Federal 
funds; 
‘‘(2) identify— 
‘‘(A) the relative costs and benefits of self- 
governance; 
‘‘(B) with particularity, all funds that are 
specifically or functionally related to the provi-
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sion by the Secretary of services and benefits to 
self-governance Indian tribes and members of 
Indian tribes; 
‘‘(C) the funds transferred to each Indian 
tribe and the corresponding reduction in the 
Federal employees and workload; 
‘‘(D) the funding formula for individual 
tribal shares of all Central Office funds, to-
gether with the comments of affected Indian 
tribes, developed under subsection (d); and 
‘‘(E) amounts expended in the preceding 
fiscal year to carry out inherent Federal func-
tions, including an identification of inherent 
Federal functions by type and location; 
‘‘(3) contain a description of the methods used 
to determine the individual tribal share of funds con-
trolled by all components of the Department (includ-
ing funds assessed by any other Federal agency) for 
inclusion in compacts or funding agreements; 
‘‘(4) before being submitted to Congress, be dis-
tributed to the Indian tribes for comment (with a 
comment period of no less than 30 days); and 
‘‘(5) include the separate views and comments 
of each Indian tribe or tribal organization. 
‘‘(c) REPORT ON NON-BIA, NON-OST PROGRAMS.— 
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‘‘(1) IN GENERAL.—In order to optimize oppor-
tunities for including non-Bureau of Indian Affairs 
and non-Office of Special Trustee programs in 
agreements with Indian tribes participating in self- 
governance under this title, the Secretary shall— 
‘‘(A) review all programs administered by 
the Department, other than through the Bu-
reau of Indian Affairs or Office of Special 
Trustee, without regard to the agency or office 
concerned; and 
‘‘(B) not later than January 1 of each 
year, submit to Congress— 
‘‘(i) a list of all such programs that 
the Secretary determines, with the concur-
rence of Indian tribes participating in self- 
governance under this title, are eligible to 
be included in a funding agreement at the 
request of a participating Indian tribe; and 
‘‘(ii) a list of all such programs for 
which Indian tribes have requested to in-
clude in a funding agreement under section 
405(b)(3) due to the special geographic, 
historical, or cultural significance of the 
program to the Indian tribe, indicating 
whether each request was granted or de-
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nied, and stating the grounds for any de-
nial. 
‘‘(2) PROGRAMMATIC TARGETS.—The Secretary 
shall establish programmatic targets, after consulta-
tion with Indian tribes participating in self-govern-
ance, to encourage bureaus of the Department to en-
sure that a significant portion of those programs are 
included in funding agreements. 
‘‘(3) PUBLICATION.—The lists and targets 
under paragraphs (1) and (2) shall be published in 
the Federal Register and made available to any In-
dian tribe participating in self-governance. 
‘‘(4) ANNUAL REVIEW.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
annually review and publish in the Federal Reg-
ister, after consultation with Indian tribes par-
ticipating in self-governance, revised lists and 
programmatic targets. 
‘‘(B) CONTENTS.—The revised lists and 
programmatic targets shall include all programs 
that were eligible for contracting in the original 
list published in the Federal Register in 1995, 
except for programs specifically determined not 
to be contractible as a matter of law. 
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‘‘(d) REPORT ON CENTRAL OFFICE FUNDS.—Not 
later than January 1, 2011, the Secretary shall, in con-
sultation with Indian tribes, develop a funding formula to 
determine the individual tribal share of funds controlled 
by the Central Office of the Bureau of Indian Affairs and 
the Office of the Special Trustee for inclusion in the com-
pacts. 
‘‘SEC. 415. REGULATIONS. 
‘‘(a) IN GENERAL.— 
‘‘(1) PROMULGATION.—Not later than 90 days 
after the date of the enactment of the Department 
of the Interior Tribal Self-Governance Act of 2009, 
the Secretary shall initiate procedures under sub-
chapter III of chapter 5 of title 5, United States 
Code, to negotiate and promulgate such regulations 
as are necessary to carry out the amendments made 
by this title. 
‘‘(2) PUBLICATION
OF
PROPOSED
REGULA-
TIONS.—Proposed regulations to implement the 
amendments shall be published in the Federal Reg-
ister not later than 18 months after the date of the 
enactment of this title. 
‘‘(3) EXPIRATION OF AUTHORITY.—The author-
ity to promulgate regulations under paragraph (1) 
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shall expire on the date that is 24 months after the 
date of the enactment of this title. 
‘‘(b) COMMITTEE.— 
‘‘(1) MEMBERSHIP.—A negotiated rulemaking 
committee established pursuant to section 565 of 
title 5, United States Code, to carry out this section 
shall have as its members only Federal and tribal 
government representatives. 
‘‘(2) LEAD AGENCY.—Among the Federal rep-
resentatives, the Office of Self-Governance shall be 
the lead agency for the Department. 
‘‘(c) ADAPTATION OF PROCEDURES.—The Secretary 
shall adapt the negotiated rulemaking procedures to the 
unique context of self-governance and the government-to- 
government relationship between the United States and 
Indian tribes. 
‘‘(d) EFFECT.— 
‘‘(1) REPEAL.—All regulatory provisions under 
part 1000 of title 25, Code of Federal Regulations, 
inconsistent with this title are repealed on the date 
of the enactment of the Department of the Interior 
Tribal Self-Governance Act of 2009. 
‘‘(2) EFFECTIVENESS
WITHOUT
REGARD
TO 
REGULATIONS.—The lack of promulgated regula-
tions shall not limit the effect of this title. 
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‘‘SEC. 416. EFFECT OF CIRCULARS, POLICIES, MANUALS, 
GUIDANCES, AND RULES. 
‘‘Unless expressly agreed to by a participating Indian 
tribe in the compact or funding agreement, the partici-
pating Indian tribe shall not be subject to any agency cir-
cular, policy, manual, guidance, or rule adopted by the De-
partment, except for— 
‘‘(1) the eligibility provisions of section 105(g); 
and 
‘‘(2) regulations promulgated under section 
415. 
‘‘SEC. 417. APPEALS. 
‘‘In any administrative appeal or civil action for judi-
cial review of any decision made by the Secretary under 
this title, the Secretary shall have the burden of proof of 
demonstrating by clear and convincing evidence— 
‘‘(1) the validity of the grounds for the decision; 
and 
‘‘(2) the consistency of the decision with the 
provisions and policies of this title. 
‘‘SEC. 418. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated such sums 
as may be necessary to carry out this title.’’. 
Æ 
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