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and be representatives of Indian tribes with funding agree-
ments under this Act, and the Committee shall confer
with, and accommodate participation by, representatives
of Indian tribes, inter-tribal consortia, tribal organiza-
tions, and individual tribal members.
‘‘(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.—The lack of promulgated regulations
shall not limit the effect of this title.
‘‘(e) EFFECT OF CIRCULARS, POLICIES, MANUALS,
GUIDANCES, AND RULES.—Unless expressly agreed to by
the participating Indian tribe in the compact or funding
agreement, the participating Indian tribe shall not be sub-
ject to any agency circular, policy, manual, guidance, or
rule adopted by the Indian Health Service, except for the
eligibility provisions of section 105(g).
‘‘SEC. 518. APPEALS.
‘‘In any appeal (including civil actions) involving deci-
sions made by the Secretary under this title, the Secretary
shall have the burden of proof of demonstrating by clear
and convincing evidence—
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‘‘(1) the validity of the grounds for the decision
made; and
‘‘(2) the decision is fully consistent with provi-
sions and policies of this title.
‘‘SEC. 519. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated such sums
as may be necessary to carry out this title.
‘‘TITLE 
VI—TRIBAL 
SELF-GOV-
ERNANCE—DEPARTMENT OF
HEALTH AND HUMAN SERV-
ICES
‘‘SEC. 601. DEMONSTRATION PROJECT FEASIBILITY.
‘‘(a) STUDY.—The Secretary shall conduct a study
to determine the feasibility a Tribal Self-Governance Dem-
onstration Project for appropriate programs, services,
functions, and activities (or portions thereof) of the agen-
cy.
‘‘(b) CONSIDERATIONS.—When conducting the study,
the Secretary shall consider—
‘‘(1) the probable effects on specific programs
and program beneficiaries of such a demonstration
project;
‘‘(2) statutory, regulatory, or other impedi-
ments to implementation of such a demonstration
project;
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‘‘(3) strategies for implementing such a dem-
onstration project;
‘‘(4) probable costs or savings associated with
such a demonstration project;
‘‘(5) methods to assure quality and account-
ability in such a demonstration project; and
‘‘(6) such other issues that may be determined
by the Secretary or developed through consultation
pursuant to section 602.
‘‘(c) REPORT.—Not later than 18 months after the
enactment of this title, the Secretary shall submit a report
to the Committee on Resources of the House of Represent-
atives and the Committee on Indian Affairs of the Senate.
The report shall contain—
‘‘(1) the results of the study;
‘‘(2) a list of programs, services, functions, and
activities (or portions thereof) within the agency
which it would be feasible to include in a Tribal Self-
Governance Demonstration Project;
‘‘(3) a list of programs, services, functions, and
activities (or portions thereof) included in the list
provided pursuant to paragraph (2) which could be
included in a Tribal Self-Governance Demonstration
Project without amending statutes, or waiving regu-
lations that the Secretary may not waive;
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‘‘(4) a list of legislative actions required in
order to include those programs, services, functions,
and activities (or portions thereof) included in the
list provided pursuant to paragraph (2) but not in-
cluded in the list provided pursuant to paragraph
(3) in a Tribal Self-Governance Demonstration
Project; and
‘‘(5) any separate views of tribes and other en-
tities consulted pursuant to section 602 related to
the information provided pursuant to paragraph (1)
through (4).
‘‘SEC. 602. CONSULTATION.
‘‘(a) STUDY PROTOCOL.—
‘‘(1) CONSULTATION WITH INDIAN TRIBES.—
The Secretary shall consult with Indian tribes to de-
termine a protocol for consultation under subsection
(b) prior to consultation under such subsection with
the other entities described in such subsection. The
protocol shall require, at a minimum, that—
‘‘(A) the government-to-government rela-
tionship with Indian tribes forms the basis for
the consultation process;
‘‘(B) the Indian tribes and the Secretary
jointly conduct the consultations required by
this section; and
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‘‘(C) the consultation process allow for sep-
arate and direct recommendations from the In-
dian tribes and other entities described in sub-
section (b).
‘‘(2) OPPORTUNITY FOR PUBLIC COMMENT.—In
determining the protocol described in paragraph (1),
the Secretary shall publish the proposed protocol
and allow a period of not less than 30 days for com-
ment by entities described in subsection (b) and
other interested individuals, and shall take com-
ments received into account in determining the final
protocol.
‘‘(b) CONDUCTING STUDY.—In conducting the study
under this title, the Secretary shall consult with Indian
tribes, States, counties, municipalities, program bene-
ficiaries, and interested public interest groups, and may
consult with other entities as appropriate.
‘‘SEC. 603. DEFINITIONS.
‘‘(a) IN GENERAL.—For purposes of this title, the
Secretary may use definitions provided in title V.
‘‘(b) AGENCY.—For purposes of this title, the term
‘agency’ shall mean any agency or other organizational
unit of the Department of Health and Human Services,
other than the Indian Health Service.
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‘‘SEC. 604. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated for fiscal
years 2000 and 2001 such sums as may be necessary to
carry out this title. Such sums shall remain available until
expended.’’.
SEC. 5. AMENDMENTS CLARIFYING CIVIL PROCEEDINGS.
(a) BURDEN OF PROOF IN DISTRICT COURT AC-
TIONS.—Section 102(e)(1) of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450f(e)(1))
is amended by inserting after ‘‘subsection (b)(3)’’ the fol-
lowing: ‘‘or any civil action conducted pursuant to section
110(a)’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to any proceedings commenced
after October 25, 1994.
SEC. 6. SPEEDY ACQUISITION OF GOODS, SERVICES, OR
SUPPLIES.
Section 105(k) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450j(k)) is
amended—
(1) by striking ‘‘carrying out a contract’’ and
all that follows through ‘‘shall be eligible’’ and in-
serting the following: ‘‘or Indian tribe shall be
deemed an executive agency and a part of the Indian
Health Service, and the employees of the tribal orga-
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nization or the Indian tribe, as the case may be,
shall be eligible’’; and
(2) by adding at the end thereof the following:
‘‘At the request of an Indian tribe, the Secretary
shall enter into an agreement for the acquisition, on
behalf of the Indian tribe, of any goods, services, or
supplies available to the Secretary from the General
Services Administration or other Federal agencies
that are not directly available to the Indian tribe
under this section or any other Federal law, includ-
ing acquisitions from prime vendors. All such acqui-
sitions shall be undertaken through the most effi-
cient and speedy means practicable, including elec-
tronic ordering arrangements.
SEC. 7. PATIENT RECORDS.
Section 105 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450j) is amended by
adding at the end the following new subsection:
‘‘(o) At the option of a tribe or tribal organization,
patient records may be deemed to be Federal records
under the Federal Records Act of 1950 for the limited
purposes of making such records eligible for storage by
Federal Records Centers to the same extent and in the
same manner as other Department of Health and Human
Services patient records. Patient records that are deemed
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to be Federal records under the Federal Records Act of
1950 pursuant to this subsection shall not be considered
Federal records for the purposes of chapter 5 of title 5,
United States Code.’’.
SEC. 8. REPEAL.
Title III of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450f note) is hereby re-
pealed.
SEC. 9. SAVINGS PROVISION.
Funds appropriated for title III of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450f note) shall be available for use under title V of such
Act.
SEC. 10. EFFECTIVE DATE.
Except as otherwise provided, the provisions of this
Act shall take effect on the date of the enactment of this
Act.
Passed the House of Representatives November 17,
1999.
Attest:
JEFF TRANDAHL,
Clerk.