U.S.C. 81) are hereby deemed to include section 1 of the
Act of July 3, 1952 (25 U.S.C. 82a).
‘‘SEC. 512. FACILITATION.
‘‘(a) SECRETARIAL INTERPRETATION.—Except as oth-
erwise provided by law, the Secretary shall interpret all
Federal laws, Executive orders and regulations in a manner
that will facilitate—
‘‘(1) the inclusion of programs, services, func-
tions, and activities (or portions thereof) and funds
associated therewith, in the agreements entered into
under this section;
‘‘(2) the implementation of compacts and fund-
ing agreements entered into under this title; and
‘‘(3) the achievement of tribal health goals and
objectives.
‘‘(b) REGULATION WAIVER.—
‘‘(1) An Indian tribe may submit a written re-
quest to waive application of a regulation promul-
gated under this Act for a compact or funding agree-
ment entered into with the Indian Health Service
under this title, to the Secretary identifying the ap-
plicable Federal regulation under this Act sought to
be waived and the basis for the request.
‘‘(2) Not later than 90 days after receipt by the
Secretary of a written request by an Indian tribe to
waive application of a regulation under this Act for
a compact or funding agreement entered into under
this title, the Secretary shall either approve or deny
the requested waiver in writing. A denial may be
made only upon a specific finding by the Secretary
that identified language in the regulation may not be
waived because such waiver is prohibited by Federal
law. A failure to approve or deny a waiver request
not later than 90 days after receipt shall be deemed
an approval of such request. The Secretary’s decision
shall be final for the Department.
‘‘(c) ACCESS TO FEDERAL PROPERTY.—In connection
with any compact or funding agreement executed pursuant
to this title or an agreement negotiated under the Tribal
Self-Governance Demonstration Project established under
title III, as in effect before the enactment of the Tribal Self-
Governance Amendments of 1999, upon the request of an
Indian tribe, the Secretary—
‘‘(1) shall permit an Indian tribe to use existing
school buildings, hospitals, and other facilities and all
equipment therein or appertaining thereto and other
personal property owned by the Government within
the Secretary’s jurisdiction under such terms and con-
ditions as may be agreed upon by the Secretary and
the tribe for their use and maintenance;
‘‘(2) may donate to an Indian tribe title to any
personal or real property found to be excess to the
needs of any agency of the Department, or the Gen-
eral Services Administration, except that—
‘‘(A) subject to the provisions of subpara-
graph (B), title to property and equipment fur-
nished by the Federal Government for use in the
performance of the compact or funding agree-
ment or purchased with funds under any com-
pact or funding agreement shall, unless otherwise
requested by the Indian tribe, vest in the appro-
priate Indian tribe;
‘‘(B) if property described in subparagraph
(A) has a value in excess of $5,000 at the time
of retrocession, withdrawal, or reassumption, at
the option of the Secretary upon the retrocession,
withdrawal, or reassumption, title to such prop-
erty and equipment shall revert to the Depart-
ment of Health and Human Services; and
‘‘(C) all property referred to in subpara-
graph (A) shall remain eligible for replacement,
maintenance, and improvement on the same
basis as if title to such property were vested in
the United States; and
‘‘(3) shall acquire excess or surplus Government
personal or real property for donation to an Indian
tribe if the Secretary determines the property is ap-
propriate for use by the Indian tribe for any purpose
for which a compact or funding agreement is author-
ized under this title.
‘‘(d) MATCHING OR COST-PARTICIPATION REQUIRE-
MENT.—All funds provided under compacts, funding agree-
ments, or grants made pursuant to this Act, shall be treated
as non-Federal funds for purposes of meeting matching or
cost participation requirements under any other Federal or
non-Federal program.
‘‘(e) STATE FACILITATION.—States are hereby author-
ized and encouraged to enact legislation, and to enter into
agreements with Indian tribes to facilitate and supplement
the initiatives, programs, and policies authorized by this
title and other Federal laws benefiting Indians and Indian
tribes.
‘‘(f) RULES OF CONSTRUCTION.—Each provision of
this title and each provision of a compact or funding agree-
ment shall be liberally construed for the benefit of the In-
dian tribe participating in self-governance and any ambi-
guity shall be resolved in favor of the Indian tribe.
‘‘SEC. 513. BUDGET REQUEST.
‘‘(a) IN GENERAL.—The President shall identify in the
annual budget request submitted to the Congress under sec-
tion 1105 of title 31, United States Code, all funds nec-
essary to fully fund all funding agreements authorized
under this title, including funds specifically identified to
fund tribal base budgets. All funds so appropriated shall
be apportioned to the Indian Health Service. Such funds
shall be provided to the Office of Tribal Self-Governance
which shall be responsible for distribution of all funds pro-
vided under section 505. Nothing in this provision shall be
construed to authorize the Indian Health Service to reduce
the amount of funds that a self-governance tribe is otherwise
entitled to receive under its funding agreement or other ap-
plicable law, whether or not such funds are made available
to the Office of Tribal Self-Governance under this section.
‘‘(b) PRESENT
FUNDING; SHORTFALLS.—In such
budget request, the President shall identify the level of need
presently funded and any shortfall in funding (including
direct program and contract support costs) for each Indian
tribe, either directly by the Secretary, under self-determina-
tion contracts, or under compacts and funding agreements
authorized under this title.
‘‘SEC. 514. REPORTS.
‘‘(a) ANNUAL REPORT.—Not later than January 1 of
each year after the date of the enactment of this title, the
Secretary shall submit to the Committee on Resources of
the House of Representatives and the Committee on Indian
Affairs of the Senate a written report regarding the admin-
istration of this title. Such report shall include a detailed
analysis of the level of need being presently funded or un-
funded for each Indian tribe, either directly by the Sec-
retary, under self-determination contracts under title I, or
under compacts and funding agreements authorized under
this Act. In compiling reports pursuant to this section, the
Secretary may not impose any reporting requirements on
participating Indian tribes or tribal organizations, not oth-
erwise provided in this Act.
‘‘(b) CONTENTS.—The report shall be compiled from
information contained in funding agreements, annual
audit reports, and Secretarial data regarding the disposi-
tion of Federal funds and shall—
‘‘(1) identify the relative costs and benefits of
self-governance;
‘‘(2) identify, with particularity, all funds that
are specifically or functionally related to the provi-
sion by the Secretary of services and benefits to self-
governance Indian tribes and their members;
‘‘(3) identify the funds transferred to each self-
governance Indian tribe and the corresponding reduc-
tion in the Federal bureaucracy;