in this Contract and attached hereto as attach-
ment 2.’’.
SEC. 4. ADDITIONAL AMENDMENTS.
The Indian Self-Determination and Education Assist-
ance Act is further amended as follows:
(1) In section 109—
(A) strike ‘‘as prescribed by him’’ and all
that follows through ‘‘in such cases’’ and insert
‘‘prescribed by him to remedy the contract defi-
ciency. The appropriate Secretary may, upon
written notice to a tribal organization, and the
tribes served thereby, immediately rescind a
contract or grant and resume control or oper-
ation of a program, activity, or service if he
finds that there is an immediate threat of immi-
nent harm to the safety of any person and that
such threat arises from the Contractor’s failure
to fulfill the requirements of the contract. In
such cases’’; and
(B) insert the following immediately before
the last sentence: ‘‘In any hearing or appeal
provided for under this section, the Secretary
shall carry the burden of proof to establish by
clear and convincing evidence that the contract
should be rescinded, assumed, or reassumed.’’.
(2) In section 110(a), insert before the period
at the end thereof the following: ‘‘(including imme-
diate injunctive relief to reverse a declination finding
under section 102(a)(2) or to compel the Secretary
to award and fund an approved self-determination
contractor)’’.
(3) In section 110(d), insert before the period
at the end thereof the following: ‘‘except that all
such administrative appeals shall be heard by the In-
terior Board of Contract Appeals’’.
SEC. 5. REGULATIONS.
Section 107 of the Indian Self-Determination and
Education Assistance Act is amended—
(1) by amending subsections (a) and (b) to read
as follows:
‘‘(a) GENERAL.—Except as may be specifically au-
thorized herein and elsewhere in this Act, the Secretary
of the Interior and the Secretary of Health and Human
Services shall not promulgate any regulation, nor impose
any nonregulatory requirement, relating to self-determina-
tion contracts: Provided, however, That the Secretary may
promulgate regulations relating to the Federal Tort
Claims Act, the Contract Disputes Act, declination appeal
procedures, reassumption procedures, and retrocession
procedures. All regulations including those referred to in
this section shall be promulgated in conformity with sec-
tions 552 and 553 of title 5 of the United States Code
and with subsections (c), (d), and (e) hereof, and shall
be promulgated as a single set of regulations in title 25
of the Code of Federal Regulations. Any authorization to
promulgate regulations set forth in this Act shall expire
if such regulations are not finally promulgated within 12
months from the date of enactment of these amendments.
‘‘(b) EXISTING REGULATIONS.—The provisions of
this Act shall supersede any conflicting provisions of law
or regulation in existence on the date of enactment of this
Act.’’.
(2) Add the following new subsections:
‘‘(d) In drafting and promulgating regulations as pro-
vided in section 107(a) of this Act (including any revisions
or amendments thereto), the Secretaries shall confer with
and allow for active participation by representatives of In-
dian tribes, tribal organizations, individual tribal mem-
bers, and representatives of other parties interested in the
implementation of this Act, as amended. The rulemaking
process shall follow the guidance of the Negotiated Rule-
making Act of 1990 and of the Administrative Conference
of the United States in Recommendations 82–094 and 85–
095, ‘Procedures for Negotiating Proposed Regulations’
(1 CFR 305.82–094 and 305.85–095), and any successor
recommendation, regulation, or law. Tribal participants in
the negotiation shall be chosen by the tribes and tribal
organizations participating in regional and national meet-
ings to be convened by the Secretary, representing the
groups described herein and shall include tribal represent-
atives from all geographic regions. The negotiations shall
be conducted in a timely manner and the proposed rule
implementing these amendments shall be published in the
Federal Register by the Secretaries no later than 6
months from the date of enactment of these amendments.
Notwithstanding any other law or regulation to the con-
trary, the Secretary of the Interior and the Secretary of
Health and Human Services shall be authorized to jointly
establish and jointly fund such interagency committees or
other interagency bodies, including advisory bodies com-
prised of tribal representatives, as may be necessary or
appropriate to carry out the provisions of this Act.
‘‘(e) Notwithstanding any laws or regulations to the
contrary, the Secretary shall waive or make exceptions to
his regulations where the Secretary finds that such waiver
or exceptions is in the best interest of the Indians served
by the contract. The Secretary shall review a waiver re-
quest under the declination criteria and procedures con-
tained in section 102(a)(2) of this Act.’’.
SEC. 6. CONFORMING AMENDMENT.
Section 105(h) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450j(h)) is amended
by striking ‘‘and the rules and regulations adopted by the
Secretaries of the Interior and Health and Human Serv-
ices pursuant to section 107 of this Act’’.
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