‘‘SEC. 414. REGULATIONS. 
‘‘(a) IN GENERAL.— 
‘‘(1) PROMULGATION.—Not later than 90 days 
after the date of enactment of the Department of 
the Interior Tribal Self-Governance Act of 2014, the 
Secretary shall initiate procedures under subchapter 
III of chapter 5 of title 5, United States Code, to 
negotiate and promulgate such regulations as are 
necessary to carry out this title. 
‘‘(2) PUBLICATION
OF
PROPOSED
REGULA-
TIONS.—Proposed regulations to implement this title 
shall be published in the Federal Register not later 
than 21 months after the date of enactment of the 
Department of the Interior Tribal Self-Governance 
Act of 2014. 
‘‘(3) EXPIRATION OF AUTHORITY.—The author-
ity to promulgate regulations under paragraph (1) 
shall expire on the date that is 30 months after the 
date of enactment of the Department of the Interior 
Tribal Self-Governance Act of 2014. 
‘‘(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 representatives of the 
Federal Government and tribal government. 
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‘‘(2) LEAD AGENCY.—Among the Federal rep-
resentatives described in paragraph (1), the Office of 
Self-Governance shall be the lead agency for the De-
partment. 
‘‘(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.—The Secretary may repeal any 
regulation that is inconsistent with this Act. 
‘‘(2) CONFLICTING
PROVISIONS.—Subject to 
section 202 of the Department of the Interior Tribal 
Self-Governance Act of 2014, this title shall super-
sede any conflicting provision of law (including any 
conflicting regulations). 
‘‘(3) EFFECTIVENESS
WITHOUT
REGARD
TO 
REGULATIONS.—The lack of promulgated regula-
tions on an issue shall not limit the effect or imple-
mentation of this title. 
‘‘SEC. 415. EFFECT OF CIRCULARS, POLICIES, MANUALS, 
GUIDANCE, AND RULES. 
‘‘Unless expressly agreed to by a participating Indian 
tribe in a compact or funding agreement, the participating 
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Indian tribe shall not be subject to any agency circular, 
policy, manual, guidance, or rule adopted by the Depart-
ment, except for— 
‘‘(1) the eligibility provisions of section 105(g); 
and 
‘‘(2) regulations promulgated pursuant to sec-
tion 414. 
‘‘SEC. 416. APPEALS. 
‘‘Except as provided in section 406(d), in any admin-
istrative action, appeal, or civil action for judicial review 
of any decision made by the Secretary under this title, 
the Secretary shall have the burden of proof of dem-
onstrating by a preponderance of the evidence— 
‘‘(1) the validity of the grounds for the decision; 
and 
‘‘(2) the consistency of the decision with the re-
quirements and policies of this title. 
‘‘SEC. 417. APPLICATION OF OTHER PROVISIONS. 
‘‘Section 314 of the Department of the Interior and 
Related Agencies Appropriations Act, 1991 (Public Law 
101–512; 104 Stat. 1959), shall apply to compacts and 
funding agreements entered into under this title. 
‘‘SEC. 418. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated such sums 
as are necessary to carry out this title.’’. 
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SEC. 202. EFFECT OF CERTAIN PROVISIONS. 
(a) DEFINITIONS.—In this section: 
(1) FUNDING AGREEMENT.—The term ‘‘fund-
ing agreement’’ means a funding agreement entered 
into under section 403 of the ISDEAA (25 U.S.C. 
458cc). 
(2) ISDEAA.—The term ‘‘ISDEAA’’ means 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450 et seq.). 
(3) NON-BIA PROGRAM.—The term ‘‘non-BIA 
program’’ means all or a portion of a program, func-
tion, service, or activity that is administered by any 
bureau, service, office, or agency of the Department 
of the Interior other than through— 
(A) the Bureau of Indian Affairs; 
(B) the Office of the Assistant Secretary 
for Indian Affairs; or 
(C) the Office of the Special Trustee for 
American Indians. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(5) 
SELF-DETERMINATION
CONTRACT.—The 
term ‘‘self-determination contract’’ means a self-de-
termination contract entered into under section 102 
of the ISDEAA (25 U.S.C. 450f). 
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(6) TRIBAL WATER SETTLEMENT.—The term 
‘‘tribal water settlement’’ means any settlement, 
compact, or other agreement entered into by an In-
dian tribe and the United States, or by an Indian 
tribe, the United States, and one or more parties 
that— 
(A) settles or quantifies any Federal re-
served water rights or any claims relating to 
those rights of the Indian tribe; and 
(B) has been authorized by an Act of Con-
gress. 
(b) EFFECT OF PROVISIONS.—Nothing in this Act 
(including this section) or any amendment made by this 
Act (including section 414 of the ISDEAA (relating to 
regulations), as added by section 201)— 
(1) modifies or affects the meaning, application, 
or effect of— 
(A) section 102(a)(1)(E) of the ISDEAA 
(25 U.S.C. 450f(a)(1)(E)), as in effect on the 
day before the date of enactment of this Act; or 
(B) paragraph (2) or (3) of subsection (b) 
or subsection (c) of section 403 of the ISDEAA 
(25 U.S.C. 458cc), as in effect on the day be-
fore the date of enactment of this Act; 
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(2) increases, limits, modifies, or otherwise af-
fects any authority of the Secretary that the Sec-
retary held on the day before the date of enactment 
of this Act under section 403(c) of the ISDEAA (25 
U.S.C. 458cc(c)); 
(3) authorizes the inclusion of any non-BIA 
program in— 
(A) a self-determination contract as a pro-
gram under section 102(a)(1)(E) of the 
ISDEAA (25 U.S.C. 450f(a)(1)(E)) if the in-
clusion of that non-BIA program in a self-de-
termination contract as a program under that 
section would not have been authorized under 
the ISDEAA on the day before the date of en-
actment of this Act; 
(B) a funding agreement as a program 
under section 403(b)(2) of the ISDEAA (25 
U.S.C. 458cc(b)(2)) if the inclusion of that non- 
BIA program in a funding agreement as a pro-
gram under that section would not have been 
authorized on the day before the date of enact-
ment of this Act; or 
(C) a funding agreement as a program 
under section 403(c) of the ISDEAA (25 
U.S.C. 458cc(c)) if the inclusion of that non- 
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BIA program in a funding agreement as a pro-
gram under that section would not have been 
authorized under the ISDEAA on the day be-
fore the date of enactment of this Act; 
(4) modifies or otherwise affects the meaning, 
application, or effect of any provision of law that— 
(A) is not contained in the ISDEAA; and 
(B) expressly authorizes or prohibits con-
tracting or compacting under title I or title IV 
of the ISDEAA with respect to a specific pro-
gram or project that is identified or otherwise 
referred to in that provision of law; 
(5) modifies or otherwise affects the meaning, 
application, or effect of, or the performance required 
of a party, or any payment or funding under— 
(A) a tribal water settlement; or 
(B) any Act of Congress approving, au-
thorizing, or ratifying a tribal water settlement; 
or 
(6) authorizes any self-determination contract 
or funding agreement or approval of any self-deter-
mination contract or funding agreement under the 
ISDEAA (as amended by section 201) that would 
authorize an Indian tribe to plan, conduct, consoli-
date, administer, or receive funding for any pro-
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gram, project, or activity that is required, author-
ized, or funded by a tribal water settlement or an 
Act of Congress approving, authorizing, or ratifying 
a tribal water settlement in a manner that is incon-
sistent with the terms of that tribal water settlement 
or that Act of Congress. 
Æ 
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