amounts for direct program and contract support costs
and, in addition, any funds that are specifically or func-
tionally related to the provision by the Secretary of serv-
ices and benefits to the tribe or its members, without re-
gard to the organization level within the Department
where such functions are carried out.
‘‘(4) Funds for trust services to individual Indians
shall be available under an agreement entered into under
this section only to the extent that the same services that
would have been provided by the Secretary are provided
to individual Indians by the tribe.
‘‘(h) CIVIL ACTIONS.—(1) Except as provided in
paragraph (2), for the purposes of section 110, the term
‘contract’ shall include agreements entered into under this
title.
‘‘(2) For the period that an agreement entered into
under this title is in effect, the provisions of section 2103
of the Revised Statutes of the United States (25 U.S.C.
81), and section 16 of the Act of June 18, 1934 (25
U.S.C. 476), shall not apply to attorney and other profes-
sional contracts by Indian tribal governments participat-
ing in Self-Governance under this title.
‘‘(i) FACILITATION.—(1) Except as otherwise pro-
vided by law, the Secretary shall interpret each Federal
law and regulation in a manner that will facilitate—
‘‘(A) the inclusion of programs, services, func-
tions, and activities in the agreements entered into
under this section; and
‘‘(B) the implementation of agreements entered
into under this section.
‘‘(2)(A) A tribe may submit a written request for a
waiver to the Secretary identifying the regulation sought
to be waived and the basis for the request.
‘‘(B) Not later than 60 days after receipt by the Sec-
retary of a written request by a tribe to waive application
of a Federal regulation for an agreement entered into
under this section, the Secretary shall either approve or
deny the requested waiver in writing to the tribe. 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.
The Secretary’s decision shall be final for the Department.
‘‘(j) FUNDS.—All funds provided under funding
agreements entered into pursuant to this Act, and all
funds provided under contracts or grants made pursuant
to this Act, shall be treated as non-Federal funds for pur-
poses of meeting matching requirements under any other
Federal law.
‘‘(k) DISCLAIMER.—Nothing in this section is in-
tended or shall be construed to expand or alter existing
statutory authorities in the Secretary so as to authorize
the Secretary to enter into any agreement under sections
403(b)(2) and 405(c)(1) with respect to functions that are
inherently Federal or where the statute establishing the
existing program does not authorize the type of participa-
tion sought by the tribe: Provided, however an Indian tribe
or tribes need not be identified in the authorizing statute
in order for a program or element of a program to be in-
cluded in a compact under section 403(b)(2).
‘‘SEC. 404. BUDGET REQUEST.
‘‘The Secretary shall identify, in the annual budget
request of the President to the Congress under section
1105 of title 31, United States Code, any funds proposed
to be included in agreements authorized under this title.
‘‘SEC. 405. REPORTS.
‘‘(a) REQUIREMENT.—The Secretary shall submit to
Congress a written report on January 1 of each year fol-
lowing the date of enactment of this title regarding the
administration of this title.
‘‘(b) CONTENTS.—The report 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 tribes and their members;
‘‘(3) identify the funds transferred to each Self-
Governance tribe and the corresponding reduction in
the Federal bureaucracy;
‘‘(4) include the separate views of the tribes;
and
‘‘(5) include the funding formula for individual
tribal shares of Central Office funds, together with
the comments of affected Indian tribes, developed
under subsection (d).
‘‘(c) REPORT ON NON-BIA PROGRAMS.—(1) In order
to optimize opportunities for including non-Bureau of In-
dian Affairs programs, services, functions, and activities,
or portions thereof, in agreements with tribes participat-
ing in Self-Governance under this title, the Secretary
shall—
‘‘(A) review all programs, services, functions,
and activities, or portions thereof, administered by
the Department of the Interior, other than through
the Bureau of Indian Affairs, without regard to the
agency or office concerned; and
‘‘(B) not later than 90 days after the date of
enactment of this title, provide to the appropriate
committees of Congress a listing of all such pro-
grams, services, functions, and activities, or portions
thereof, that the Secretary determines, with the con-
currence of tribes participating in Self-Governance
under this title, are eligible for inclusion in such
agreements at the request of a participating Indian
tribe.
‘‘(2) The Secretary shall establish programmatic tar-
gets, after consultation with tribes participating in Self-
Governance under this title, to encourage bureaus of the
Department to assure that a significant portion of such
programs, services, functions, and activities are actually
included in the agreements negotiated under section 403.
‘‘(3) The listing and targets under paragraphs (1)
and (2) shall be published in the Federal Register and
be made available to any Indian tribe participating in Self-
Governance under this title. The list shall be published
before January 1, 1995, and annually thereafter by Janu-
ary 1 preceding the fiscal year in which the targets are
to be met.
‘‘(4) Thereafter, the Secretary shall annually review
and publish in the Federal Register, after consultation
with tribes participating in Self-Governance under this
title, a revised listing and programmatic targets.
‘‘(d) REPORT ON CENTRAL OFFICE FUNDS.—Within
90 days after the date of the enactment of this title, the
Secretary shall, in consultation with Indian tribes, develop
a funding formula to determine the individual tribal share
of funds controlled by the Central Office of the Bureau
of Indian Affairs for inclusion in the Self-Governance com-
pacts. The Secretary shall include such formula in the an-
nual report submitted to the Congress under subsection
(b), together with the views of the affected Indian tribes.
‘‘SEC. 406. DISCLAIMERS.
‘‘(a) OTHER SERVICES, CONTRACTS, AND FUNDS.—
Nothing in this title shall be construed to limit or reduce
in any way the services, contracts, or funds that any other
Indian tribe or tribal organization is eligible to receive
under section 102 or any other applicable Federal law.
‘‘(b) FEDERAL TRUST RESPONSIBILITIES.—Nothing
in this Act shall be construed to diminish the Federal trust
responsibility to Indian tribes, individual Indians, or Indi-
ans with trust allotments.
‘‘(c) APPLICATION OF OTHER SECTIONS OF ACT.—
All provisions of sections 6, 102(c), 104, 105(f), 110, and
111 of this Act shall apply to agreements provided under
this title.
‘‘SEC. 407. REGULATIONS.
‘‘(a) IN GENERAL.—Not later than 90 days after the
date of enactment of this title, at the request of a majority
of the Indian tribes with agreements under this title, the