I
103D CONGRESS
1ST SESSION
H. R. 3508
To provide for tribal self-governance, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 15, 1993
Mr. RICHARDSON introduced the following bill; which was referred to the
Committee on Natural Resources
A BILL
To provide for tribal self-governance, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Tribal Self-Governance
Act of 1993’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) the tribal right of self-government flows
from the inherent sovereignty of Indian tribes and
nations;
(2) the United States recognizes a special gov-
ernment-to-government relationship with Indian
(B) transferring control to tribal govern-
ments, upon tribal request, over funding and
decisionmaking for Federal programs, services,
functions, and activities strengthens the Fed-
eral policy of Indian self-determination.
SEC. 3. DECLARATION OF POLICY.
It is the policy of this Act to permanently establish
and implement tribal self-governance—
(1) to enable the United States to maintain and
improve its unique and continuing relationship with,
and responsibility to, Indian tribes;
(2) to permit each Indian tribe to choose the
extent of the participation of such tribe in self-
governance;
(3) to coexist with the provisions of the Indian
Self-Determination Act relating to the provision of
Indian services by designated Federal agencies;
(4) to ensure the continuation of the trust re-
sponsibility of the United States to Indian tribes and
Indian individuals;
(5) to permit an orderly transition from Federal
domination of programs and services to provide In-
dian tribes with meaningful authority to plan, con-
duct, redesign, and administer programs, services,
functions, and activities that meet the needs of the
individual tribal communities; and
(6) to provide for an orderly transition through
a planned and measurable parallel reduction in the
Federal bureaucracy.
SEC. 4. TRIBAL SELF-GOVERNANCE.
The Indian Self-Determination and Education Assist-
ance Act is amended by adding at the end the following
new title:
‘‘TITLE IV—TRIBAL SELF-
GOVERNANCE
‘‘SEC. 401. ESTABLISHMENT.
‘‘The Secretary of the Interior (hereinafter in this
title referred to as the ‘Secretary’) shall establish and
carry out a program within the Department of the Interior
to be known as Tribal Self-Governance (hereinafter in this
title referred to as ‘Self-Governance’) in accordance with
this title.
‘‘SEC. 402. SELECTION OF PARTICIPATING INDIAN TRIBES.
‘‘(a) CONTINUING
PARTICIPATION.—Each Indian
tribe that is participating in the Tribal Self-Governance
Demonstration Project at the Department of the Interior
under title III on the date of enactment of this title shall
thereafter participate in Self-Governance under this title
and cease participation in the Tribal Self-Governance
Demonstration Project under title III with respect to the
Department of the Interior.
‘‘(b) ADDITIONAL PARTICIPANTS.—In addition to
those Indian tribes participating in Self-Governance under
subsection (a), the Secretary, acting through the Director
of the Office of Self-Governance, may select up to 20 new
tribes per year from the applicant pool described in sub-
section (c) to participate in Self-Governance.
‘‘(c) APPLICANT POOL.—The qualified applicant pool
for Self-Governance shall consist of each tribe that—
‘‘(1) successfully completes the planning phase
described in subsection (d);
‘‘(2) has requested participation in Self-Govern-
ance; and
‘‘(3) has demonstrated, for the previous three
fiscal years, financial stability and financial manage-
ment capability as evidenced by the tribe having no
material audit exceptions in the required annual
audit of the self-determination contracts of the tribe.
‘‘(d) PLANNING PHASE.—Each Indian tribe seeking
to begin participation in Self-Governance shall complete
a planning phase in accordance with this subsection. The
tribe shall be eligible for a grant to plan and negotiate
participation in Self-Governance. The planning phase shall
include—
‘‘(1) legal and budgetary research; and
‘‘(2) internal tribal government planning and
organizational preparation.
‘‘SEC. 403. FUNDING AGREEMENTS.
‘‘(a) AUTHORIZATION.—The Secretary shall nego-
tiate and enter into an annual written funding agreement
with the governing body of each participating tribal
government.
‘‘(b) CONTENTS.—Each funding agreement shall—
‘‘(1) authorize the tribe to plan, conduct, con-
solidate, and administer programs, services, func-
tions, and activities administered by the Department
of the Interior that are otherwise available to Indian
tribes or Indians, including (but not limited to)—
‘‘(A) the Act of April 16, 1934 (25 U.S.C.
452 et seq.); and
‘‘(B) the Act of November 2, 1921 (25
U.S.C. 13);
‘‘(2) subject to the terms of the agreement, au-
thorize the tribe to redesign programs, services,
functions, or activities and to reallocate funds for
such programs, services, functions, or activities;
‘‘(3) prohibit the inclusion of funds provided—
‘‘(A) pursuant to the Tribally Controlled
Community College Assistance Act of 1978 (25
U.S.C. 1801 et seq.);
‘‘(B) for elementary and secondary schools
under the formula developed pursuant to sec-
tion 1128 of the Education Amendments of
1978 (25 U.S.C. 2008); and
‘‘(C) the Flathead Agency Irrigation Divi-
sion or the Flathead Agency Power Division,
except that nothing in this section shall affect
the contract authority of such divisions under
section 102;
‘‘(4) specify the services to be provided, the
functions to be performed, and the responsibilities of
the tribe and the Secretary pursuant to the agree-
ment;
‘‘(5) authorize the tribe and the Secretary to
reallocate funds or modify budget allocations within
any year, and specify the procedures to be used;
‘‘(6) allow for retrocession of programs or por-
tions of programs pursuant to section 105(e);
‘‘(7) provide that, for the year for which, and
to the extent to which, funding is provided to a tribe
under this section, the tribe—
‘‘(A) shall not be entitled to contract with
the Secretary for such funds under section 102,
except that such tribe shall be eligible for new
programs on the same basis as other tribes; and
‘‘(B) shall be responsible for the adminis-
tration of programs, services, functions, and ac-
tivities pursuant to agreements entered into
under this section; and
‘‘(8) prohibit the Secretary from waiving, modi-
fying, or diminishing in any way the trust respon-
sibility of the United States with respect to Indian
tribes and individual Indians that exists under trea-
ties, Executive orders, and other laws.
‘‘(c) SUBMISSION FOR REVIEW.—Not later than 90
days before the proposed effective date of an agreement
entered into under this section, the Secretary shall submit
a copy of such agreement to—
‘‘(1) each Indian tribe that is served by the
Agency that is serving the tribe that is a party to
the funding agreement;
‘‘(2) the Committee on Indian Affairs of the
Senate; and
‘‘(3) the Subcommittee on Native American Af-
fairs of the Committee on Natural Resources of the
House of Representatives.