I 
111TH CONGRESS 
1ST SESSION H. R. 4347 
To amend the Indian Self-Determination and Education Assistance Act to 
provide further self-governance by Indian tribes, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2009 
Mr. BOREN (for himself and Mr. WALZ) introduced the following bill; which 
was referred to the Committee on Natural Resources 
A BILL 
To amend the Indian Self-Determination and Education As-
sistance Act to provide further self-governance by Indian 
tribes, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Department of the Interior Tribal Self-Governance Act 
of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—INDIAN SELF-DETERMINATION 
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Sec. 101. Definitions; reporting and audit requirements; application of provi-
sions. 
Sec. 102. Contracts by Secretary of Interior. 
Sec. 103. Administrative provisions. 
Sec. 104. Contract funding and indirect costs. 
Sec. 105. Contract or grant specifications. 
TITLE II—TRIBAL SELF-GOVERNANCE 
Sec. 201. Tribal self-governance. 
TITLE I—INDIAN SELF- 
DETERMINATION 
SEC. 101. DEFINITIONS; REPORTING AND AUDIT REQUIRE-
MENTS; APPLICATION OF PROVISIONS. 
(a) DEFINITIONS.—Section 4 of the Indian Self-De-
termination and Education Assistance Act (25 U.S.C. 
450b) is amended by striking subsection (j) and inserting 
the following: 
‘‘(j) ‘self-determination contract’ means a contract 
entered into (or a grant or cooperative agreement used 
under section 9) under title I between a tribal organization 
and the appropriate Secretary for the planning, conduct, 
and administration of programs or services that are other-
wise provided to Indian tribes and members of Indian 
tribes pursuant to Federal law, subject to the condition 
that, except as provided in section 105(a)(3), no contract 
entered into (or grant or cooperative agreement used 
under section 9) under title I shall be— 
‘‘(1) considered to be a procurement contract; 
or 
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‘‘(2) subject to any Federal procurement law 
(including regulations);’’. 
(b) REPORTING AND AUDIT REQUIREMENTS.—Sec-
tion 5(b) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450c(b)) is amended by striking 
‘‘after completion of the project or undertaking referred 
to in the preceding subsection of this section’’ and insert-
ing ‘‘after the date on which a report is submitted to the 
Secretary under subsection (a)’’. 
(c) APPLICATION OF OTHER PROVISIONS.—Sections 
4, 5, 6, 7, 102(c), 104, 105(a)(1), 105(f), 110 and 111 
of the Indian Self-Determination and Education Assist-
ance Act, as amended (25 U.S.C. 450 et seq.) (Public Law 
93–638, as amended, 88 Stat. 2203) and section 314 of 
the Department of the Interior and Related Agencies Ap-
propriations Act, 1991 (Public Law 101–512; 104 Stat. 
1959), apply to compacts and funding agreements entered 
into under title IV. 
SEC. 102. CONTRACTS BY SECRETARY OF INTERIOR. 
Section 102 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450f) is amended— 
(1) in subsection (c)(2), by striking ‘‘economic 
enterprises’’ and all that follows through ‘‘except 
that’’ and inserting ‘‘economic enterprises (as de-
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fined in section 3 of the Indian Financing Act of 
1974 (25 U.S.C. 1452)), except that’’; 
(2) by striking subsection (e) and inserting the 
following: 
‘‘(e) APPEALS.—In any appeal (including civil ac-
tions) involving decisions made by the Secretary under this 
title, the Secretary shall have the burden of proof of dem-
onstrating, by clear and convincing evidence— 
‘‘(1) the validity of the grounds for the decision 
made; and 
‘‘(2) that the decision is fully consistent with 
the provisions and policies of this title.’’; and 
(3) by adding at the end the following: 
‘‘(f) GOOD FAITH REQUIREMENT.—In the negotia-
tion of compacts and funding agreements, the Secretary 
shall at all times negotiate in good faith to maximize im-
plementation of the self-governance policy. The Secretary 
shall carry out this title in a manner that maximizes the 
policy of tribal self-governance, in a manner consistent 
with the purposes specified in section 3 of the Tribal Self- 
Governance Amendments of 2000 (Public Law 106–260; 
25 U.S.C. 458aaa note).’’. 
SEC. 103. ADMINISTRATIVE PROVISIONS. 
Section 105 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450j) is amended— 
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(1) in subsection (b) in the first sentence, by 
striking ‘‘pursuant to’’ and all that follows through 
‘‘of this Act’’ and inserting ‘‘pursuant to sections 
102 and 103’’; 
(2) by striking subsection (j) and inserting the 
following: 
‘‘(j) REDESIGN
AND CONSOLIDATION.—An Indian 
tribe may redesign or consolidate programs, services, func-
tions, and activities (or portions thereof) included in a 
funding agreement under this title and reallocate or redi-
rect funds for such programs, services, functions, and ac-
tivities (or portions thereof) that are eligible to be included 
in Consolidated Tribal Government Programs in any man-
ner that the Indian tribe determines to be in the best in-
terest of the health and welfare of the Indian community 
being served, only if the redesign or consolidation does not 
have the effect of denying eligibility for services to popu-
lation groups otherwise eligible to be served under applica-
ble Federal law;’’; and 
(3) by adding at the end the following: 
‘‘(p) INTERPRETATION BY SECRETARY.—Except as 
otherwise provided by law, the Secretary shall interpret 
all Federal laws (including regulations) and Executive or-
ders in a manner that facilitates, to the maximum extent 
practicable— 
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‘‘(1) the inclusion in self-determination con-
tracts and funding agreements of— 
‘‘(A) applicable programs, services, func-
tions, and activities (or portions thereof); and 
‘‘(B) funds associated with those pro-
grams, services, functions, and activities; 
‘‘(2) the implementation of self-determination 
contracts and funding agreements; and 
‘‘(3) the achievement of tribal health objec-
tives.’’. 
SEC. 104. CONTRACT FUNDING AND INDIRECT COSTS. 
Section 106(a)(3)(A) of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450j– 
1(a)(3)(A)) is amended— 
(1) in clause (i), by striking ‘‘, and’’ at the end 
and inserting a semicolon; 
(2) in clause (ii), by striking the comma at the 
end and inserting ‘‘; and’’; and 
(3) by inserting after clause (ii) the following: 
‘‘(iii) not less than 50 percent of the 
expenses incurred by the governing body of 
a tribe or tribal organization relating to a 
Federal program, function, service, or ac-
tivity pursuant to the contract (which ex-
penses shall be considered to be reasonable 
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and allowable without documentation for 
the purpose of this paragraph), except that 
in the case of a tribe or tribal organization 
which derives all or substantially all of its 
program revenue from other governments 
or organizations, not less than 100 percent 
of such expenses shall be considered to be 
reasonable and allowable without docu-
mentation.’’. 
SEC. 105. CONTRACT OR GRANT SPECIFICATIONS. 
Section 108 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450l) is amended— 
(1) in subsection (a)(2), by inserting ‘‘subject 
to subsections (a) and (b) of section 102,’’ before 
‘‘contain’’; and 
(2) in subsection (f)(2)(A)(ii) of the model 
agreement contained in subsection (c), by inserting 
‘‘subject to subsections (a) and (b) of section 102 of 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450f),’’ before ‘‘such other pro-
visions’’. 
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TITLE II—TRIBAL SELF- 
GOVERNANCE 
SEC. 201. TRIBAL SELF-GOVERNANCE. 
Title IV of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.) is amended 
to read as follows: 
‘‘TITLE IV—TRIBAL SELF- 
GOVERNANCE 
‘‘SEC. 401. DEFINITIONS. 
‘‘In this title: 
‘‘(1) COMPACT.—The term ‘compact’ means a 
self-governance compact entered into under section 
404. 
‘‘(2) CONSTRUCTION
PROGRAM.—The term 
‘construction program’ or ‘construction project’ 
means a tribal undertaking relating to the adminis-
tration, planning, environmental determination, de-
sign, construction, repair, improvement, or expan-
sion of roads, bridges, buildings, structures, systems, 
or other facilities for purposes of housing, law en-
forcement, detention, sanitation, water supply, edu-
cation, administration, community, health, irriga-
tion, agriculture, conservation, flood control, trans-
portation, or port facilities, or for other tribal pur-
poses. 
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‘‘(3) DEPARTMENT.—The term ‘Department’ 
means the Department of the Interior. 
‘‘(4) FUNDING AGREEMENT.—The term ‘fund-
ing agreement’ means a funding agreement entered 
into under section 405. 
‘‘(5) 
GROSS
MISMANAGEMENT.—The 
term 
‘gross mismanagement’ means a significant viola-
tion, shown by clear and convincing evidence, of a 
compact, funding agreement, or statutory or regu-
latory requirement applicable to Federal funds— 
‘‘(A) for a program administered by an In-
dian tribe; or 
‘‘(B) under a compact or funding agree-
ment that results in a significant reduction of 
funds available for the programs assumed by an 
Indian tribe. 
‘‘(6) PROGRAM.—The term ‘program’ means 
any program, function, service, or activity (or por-
tion thereof) within the Department of the Interior 
that is included in a funding agreement. 
‘‘(7) INHERENT
FEDERAL
FUNCTION.—The 
term ‘inherent Federal function’ means a Federal 
function that cannot legally be delegated to an In-
dian tribe. 
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‘‘(8) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the Interior. 
‘‘(9) SELF-GOVERNANCE.—The term ‘self-gov-
ernance’ means the program of self-governance es-
tablished under section 402. 
‘‘(10) TRIBAL SHARE.—The term ‘tribal share’ 
means an Indian tribe’s portion of all funds and re-
sources that support secretarial programs that are 
not required by the Secretary for the performance of 
inherent Federal functions. 
‘‘SEC. 402. ESTABLISHMENT. 
‘‘The Secretary shall carry out a program within the 
Department to be known as the ‘Tribal Self-Governance 
Program’. 
‘‘SEC. 403. SELECTION OF PARTICIPATING INDIAN TRIBES. 
‘‘(a) IN GENERAL.— 
‘‘(1) PARTICIPANTS.— 
‘‘(A) The Secretary, acting through the Di-
rector of the Office of Self-Governance, may se-
lect up to 50 new Indian tribes per year from 
those eligible under subsection (b) to participate 
in self-governance. 
‘‘(B) If each Indian tribe requests, two or 
more otherwise eligible Indian tribes may be 
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treated as a single Indian tribe for the purpose 
of participating in self-governance. 
‘‘(2) OTHER
AUTHORIZED
INDIAN
TRIBE
OR 
TRIBAL ORGANIZATION.—If an Indian tribe author-
izes another Indian tribe or a tribal organization to 
plan for or carry out a program on its behalf under 
this title, the authorized Indian tribe or tribal orga-
nization shall have the rights and responsibilities of 
the authorizing Indian tribe (except as otherwise 
provided in the authorizing resolution). 
‘‘(3) JOINT PARTICIPATION.—Two or more In-
dian tribes that are not otherwise eligible under sub-
section (b) may be treated as a single Indian tribe 
for the purpose of participating in self-governance as 
a tribal organization if— 
‘‘(A) each Indian tribe so requests; and 
‘‘(B) the tribal organization itself or at 
least one of the Indian tribes participating in 
the tribal organization is eligible under sub-
section (b). 
‘‘(4) TRIBAL WITHDRAWAL FROM A TRIBAL OR-
GANIZATION.— 
‘‘(A) IN GENERAL.—An Indian tribe that 
withdraws from participation in a tribal organi-
zation, in whole or in part, shall be entitled to 
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‘‘(I) IN GENERAL.—A withdrawal 
under clause (i) shall become effective 
on the date specified in the tribal res-
olution and that is mutually agreed 
upon by the Secretary, the with-
drawing Indian tribe, and the tribal 
organization that signed the compact 
and funding agreement on behalf of 
the withdrawing Indian tribe or tribal 
organization. 
‘‘(II) NO
SPECIFIED
DATE.—In 
the absence of a date specified in the 
resolution, the withdrawal shall be-
come effective on— 
‘‘(aa) the earlier of— 
‘‘(AA) 1 year after the 
date of submission of the re-
quest; or 
‘‘(BB) 
the 
date 
on 
which the funding agree-
ment expires; or 
‘‘(bb) such date as may be 
mutually agreed upon by the Sec-
retary, the withdrawing Indian 
tribe, and the tribal organization 
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that signed the compact and 
funding agreement on behalf of 
the withdrawing Indian tribe or 
tribal organization. 
‘‘(E) DISTRIBUTION OF FUNDS.—If an In-
dian tribe or tribal organization eligible to enter 
into a self-determination contract under title I 
or a compact or funding agreement under this 
title fully or partially withdraws from a partici-
pating tribal organization, the withdrawing In-
dian tribe— 
‘‘(i) may elect to enter a self-deter-
mination contract or compact, in which 
case— 
‘‘(I) the withdrawing Indian tribe 
or tribal organization shall be entitled 
to its tribal share of unexpended 
funds and resources supporting the 
programs that the Indian tribe will be 
carrying out under its own self-deter-
mination contract or compact and 
funding agreement (calculated on the 
same basis as the funds were initially 
allocated to the funding agreement of 
the tribal organization); and 
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‘‘(II) the funds referred to in 
subclause (I) shall be withdrawn by 
the Secretary from the funding agree-
ment of the tribal organization and 
transferred to the withdrawing Indian 
tribe, on the condition that the provi-
sions of sections 102 and 105(i), as 
appropriate, shall apply to the with-
drawing Indian tribe; or 
‘‘(ii) may elect not to enter a self-de-
termination contract or compact, in which 
case all funds not obligated by the tribal 
organization associated with the with-
drawing Indian tribe’s returned programs, 
less close-out costs, shall be returned by 
the tribal organization to the Secretary for 
operation of the programs included in the 
withdrawal. 
‘‘(F) RETURN TO MATURE CONTRACT STA-
TUS.—If an Indian tribe elects to operate all or 
some programs carried out under a compact or 
funding agreement under this title through a 
self-determination contract under title I, at the 
option of the Indian tribe, the resulting self-de-
termination contract shall be a mature self-de-
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termination contract as long as the tribe meets 
the requirements set forth in section 4(h) of 
this Act. 
‘‘(b) ELIGIBILITY.—To be eligible to participate in 
self-governance, an Indian tribe shall— 
‘‘(1) successfully complete the planning phase 
described in subsection (c); 
‘‘(2) request participation in self-governance by 
resolution or other official action by the tribal gov-
erning body; and 
‘‘(3) demonstrate, for the 3 fiscal years pre-
ceding the date on which the Indian tribe requests 
participation, financial stability and financial man-
agement capability as evidenced by the Indian tribe 
having no uncorrected significant and material audit 
exceptions in the required annual audit of its self- 
determination or self-governance agreements with 
any Federal agency. 
‘‘(c) PLANNING PHASE.— 
‘‘(1) IN GENERAL.—An Indian tribe seeking to 
begin participation in self-governance shall complete 
a planning phase in accordance with this subsection. 
‘‘(2) ACTIVITIES.—The planning phase— 
‘‘(A) shall be conducted to the satisfaction 
of the Indian tribe; and 
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‘‘(B) shall include— 
‘‘(i) legal and budgetary research; and 
‘‘(ii) internal tribal government plan-
ning and organizational preparation. 
‘‘(d) GRANTS.— 
‘‘(1) IN GENERAL.—Subject to the availability 
of appropriations, an Indian tribe or tribal organiza-
tion that meets the requirements of paragraphs (2) 
and (3) of subsection (b) shall be eligible for 
grants— 
‘‘(A) to plan for participation in self-gov-
ernance; and 
‘‘(B) to negotiate the terms of participa-
tion by the Indian tribe or tribal organization 
in self-governance, as set forth in a compact 
and a funding agreement. 
‘‘(2) RECEIPT OF GRANT NOT REQUIRED.—Re-
ceipt of a grant under paragraph (1) shall not be a 
requirement of participation in self-governance. 
‘‘SEC. 404. COMPACTS. 
‘‘(a) IN GENERAL.—The Secretary shall negotiate 
and enter into a written compact with each Indian tribe 
participating in self-governance in a manner consistent 
with the trust responsibility of the Federal Government, 
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treaty obligations, and the government-to-government re-
lationship between Indian tribes and the United States. 
‘‘(b) CONTENTS.—A compact under subsection (a) 
shall— 
‘‘(1) specify and affirm the general terms of the 
government-to-government relationship between the 
Indian tribe and the Secretary; and 
‘‘(2) include such terms as the parties intend 
shall control during the term of the compact. 
‘‘(c) AMENDMENT.—A compact under subsection (a) 
may be amended only by agreement of the parties. 
‘‘(d) EFFECTIVE DATE.—The effective date of a com-
pact under subsection (a) shall be— 
‘‘(1) the date of the execution of the compact 
by the parties; or 
‘‘(2) another date agreed upon by the parties. 
‘‘(e) DURATION.—A compact under subsection (a) 
shall remain in effect for so long as permitted by Federal 
law or until termination by written agreement, retroces-
sion, or reassumption. 
‘‘(f) EXISTING COMPACTS.—An Indian tribe partici-
pating in self-governance under this title, as in effect on 
the date of the enactment of the Department of the Inte-
rior Tribal Self-Governance Act of 2009, shall have the 
option at any time after that date— 
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