‘‘(d) PAYMENT.—
‘‘(1) IN GENERAL.—At the request of the gov-
erning body of the tribe and under the terms of an
agreement entered into under this section, the Sec-
retary shall provide funding to the tribe to carry out
the agreement.
‘‘(2) AMOUNT.—Subject to paragraph (3) of
this subsection and paragraphs (1) and (3) of sub-
section (b), the Secretary shall provide funds to the
tribe for one or more programs, services, functions,
or activities in an amount equal to the amount that
the tribe would have been eligible to receive under
contracts and grants under this Act, including direct
program costs, and for any funds that are specifi-
cally or functionally related to the provision by the
Secretary of services and benefits to the tribe and its
members.
‘‘(3) TRUST SERVICES.—Funds for trust serv-
ices 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.
‘‘(e) CIVIL ACTIONS.—
‘‘(1) DEFINITION
OF
CONTRACT.—Except as
provided in paragraph (2), for the purposes of sec-
tion 110, the term ‘contract’ shall include agree-
ments entered into under this title.
‘‘(2) PROFESSIONAL CONTRACTS.—For the pe-
riod that an agreement entered into under this title
is in effect, the provisions of section 2103 of the Re-
vised 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
professional contracts by Indian tribal governments
participating in Self-Governance under this title.
‘‘(f) FACILITATION.—
‘‘(1) INTERPRETATION.—Except as otherwise
provided by law, the Secretary shall interpret each
Federal law and regulation in a manner that will fa-
cilitate—
‘‘(A) the inclusion of programs, services,
functions, and activities in the agreements en-
tered into under this section; and
‘‘(B) the implementation of agreements en-
tered into under this section.
‘‘(2) WAIVER.—
‘‘(A) REQUEST.—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) DECISION.—Not later than 60 days
after receipt by the Secretary of a written re-
quest by a tribe to waive application of a Fed-
eral regulation for an agreement entered into
under this section, the Secretary shall either ap-
prove 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 that regulation is expressly required by
Federal law.
‘‘(C) APPEAL.—Not later than 60 days
after denial of a waiver request, the Secretary
shall at the request of the tribe, provide the
tribe with a hearing on the record and an op-
portunity for an appeal.
‘‘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 Self-Governance.
‘‘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 contain—
‘‘(1) the relative costs and benefit of Self-Gov-
ernance;
‘‘(2) identification of all funds that are specifi-
cally and functionally related to the provision of
services and benefits to the tribe and its members
and the corresponding reduction in the Federal bu-
reaucracy; and
‘‘(3) the separate views of the tribes.
‘‘SEC. 406. EFFECT ON OTHER AGREEMENTS AND LAWS.
‘‘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.
‘‘SEC. 407. NEGOTIATED RULEMAKING.
‘‘(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
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.
‘‘(b) COMMITTEE.—A negotiated rulemaking commit-
tee established pursuant to section 565 of title 5, United
States Code, to carry out this section, shall have as a ma-
jority of its members representatives of Indian tribes with
agreements under this title.
‘‘(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
the Indian tribes.
‘‘(d) EFFECT.—The lack of promulgated regulations
shall not limit the effect of this title.
‘‘SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated such sums
as may be necessary to carry out this title.’’.
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