‘‘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. 
‘‘(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(b). 
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‘‘(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 
transferred to an Indian tribe under a compact or 
funding agreement that results in a significant re-
duction 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) INDIAN TRIBE.—The term ‘Indian tribe’, 
in a case in which an Indian tribe authorizes an-
other Indian tribe or a tribal organization to plan 
for or carry out a program on its behalf in accord-
ance with section 403(a)(2), includes the other au-
thorized Indian tribe or tribal organization. 
‘‘(8) INHERENT
FEDERAL
FUNCTION.—The 
term ‘inherent Federal function’ means a Federal 
function that cannot legally be delegated to an In-
dian tribe. 
‘‘(9) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the Interior. 
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‘‘(10) SELF-GOVERNANCE.—The term ‘self-gov-
ernance’ means the program of self-governance es-
tablished under section 402. 
‘‘(11) 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 
treated as a single Indian tribe for the purpose 
of participating in Self-Governance. 
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‘‘(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 tribes participating in the tribal 
organization is eligible under subsection (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 
participate in self-governance if the Indian tribe 
is eligible under subsection (b). 
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‘‘(B) EFFECT OF WITHDRAWAL.—If an In-
dian tribe withdraws from participation in a 
tribal organization, the Indian tribe shall be en-
titled to its tribal share of funds and resources 
supporting the programs that the Indian tribe 
is entitled to carry out under the compact and 
funding agreement of the Indian tribe. 
‘‘(C) PARTICIPATION
IN
SELF-GOVERN-
ANCE.—The withdrawal of an Indian tribe from 
a tribal organization shall not affect the eligi-
bility of the tribal organization to participate in 
self-governance on behalf of one or more other 
Indian tribes. 
‘‘(D) WITHDRAWAL PROCESS.— 
‘‘(i) IN
GENERAL.—An Indian tribe 
may, by tribal resolution, fully or partially 
withdraw its tribal share of any program 
in a funding agreement from a partici-
pating tribal organization. 
‘‘(ii) EFFECTIVE DATE.— 
‘‘(I) IN GENERAL.—A withdrawal 
under clause (i) shall become effective 
on the date specified in the tribal res-
olution. 
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‘‘(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 
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-
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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 
‘‘(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 
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‘‘(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-
termination contract as defined 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 
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‘‘(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 
‘‘(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— 
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‘‘(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, 
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. 
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‘‘(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 2007, shall have the 
option at any time after that date— 
‘‘(1) to retain its negotiated compact (in whole 
or in part) to the extent that the provisions of the 
compact are not directly contrary to any express 
provision of this title; or 
‘‘(2) to negotiate a new compact in a manner 
consistent with this title. 
‘‘SEC. 405. FUNDING AGREEMENTS. 
‘‘(a) IN GENERAL.—The Secretary shall negotiate 
and enter into a written funding agreement with the gov-
erning body of an Indian tribe or tribal organization in 
a manner consistent with the trust responsibility of the 
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Federal Government, treaty obligations, and the govern-
ment-to-government relationship between Indian tribes 
and the United States. 
‘‘(b) INCLUDED PROGRAMS.— 
‘‘(1) BUREAU OF INDIAN AFFAIRS AND OFFICE 
OF SPECIAL TRUSTEE.— 
‘‘(A) IN GENERAL.—A funding agreement 
shall, as determined by the Indian tribe, au-
thorize the Indian tribe to plan, conduct, con-
solidate, administer, and receive full tribal 
share funding for all programs carried out by 
the Bureau of Indian Affairs and Office of Spe-
cial Trustee, without regard to the agency or 
office within which the program is performed 
(including funding for agency, area, and central 
office functions in accordance with subsection 
409(c)), that— 
‘‘(i) are provided for in the Act of 
April 16, 1934 (25 U.S.C. 452 et seq.); 
‘‘(ii) the Secretary administers for the 
benefit of Indians under the Act of Novem-
ber 2, 1921 (25 U.S.C. 13), or any subse-
quent Act; 
‘‘(iii) the Secretary administers for 
the benefit of Indians with appropriations 
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made to agencies other than the Depart-
ment of the Interior; or 
‘‘(iv) are provided for the benefit of 
Indians because of their status as Indians. 
‘‘(B) INCLUSIONS.—Programs described in 
subparagraph (A) shall include all programs 
with respect to which Indian tribes or Indians 
are primary or significant beneficiaries. 
‘‘(2) OTHER AGENCIES.— 
‘‘(A) IN GENERAL.—A funding agreement 
under subsection (a) shall, as determined by the 
Indian tribe, authorize the Indian tribe to plan, 
conduct, consolidate, administer, and receive 
full tribal share funding for all programs car-
ried out by the Secretary outside of the Bureau 
of Indian Affairs, without regard to the agency 
or office within which the program is per-
formed, including funding for agency, area, and 
central office functions in accordance with sub-
section 409(c). The programs within the scope 
of this subparagraph are those provided for the 
benefit of Indians because of their status as In-
dians, or those programs with respect to which 
Indian tribes or Indians are primary or signifi-
cant beneficiaries. 
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‘‘(B) FEDERALLY
RESERVED
RIGHTS.— 
Programs described in subparagraph (A) shall 
include, at the option of the tribe, all programs 
(or portions thereof) that restore, maintain or 
preserve a resource (for example fisheries, wild-
life, water, or minerals) in which an Indian 
tribe has a federally reserved right, as quan-
tified by a Federal court. The Secretary shall 
make available a proportional share of the fund-
ing of such a program (or portion thereof) that 
the Secretary would otherwise provide to re-
store, maintain or preserve such a resource in 
an amount equal to the proportional share of 
the resource that is associated with the tribe’s 
federally reserved right. 
‘‘(3) DISCRETIONARY
PROGRAMS.—A funding 
agreement under subsection (a) may, in accordance 
with such additional terms as the parties consider to 
be appropriate, include programs administered by 
the Secretary, in addition to programs described in 
paragraphs (1) and (2), that are of special geo-
graphic, historical, or cultural significance to the In-
dian tribe. 
‘‘(4) COMPETITIVE BIDDING.—Nothing in this 
section— 
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‘‘(A) supersedes any express statutory re-
quirement for competitive bidding; or 
‘‘(B) prohibits the inclusion in a funding 
agreement of a program in which non-Indians 
have an incidental or legally identifiable inter-
est. 
‘‘(5) EXCLUDED FUNDING.—A funding agree-
ment shall not authorize an Indian tribe to plan, 
conduct, administer, or receive tribal share funding 
under any program that— 
‘‘(A) is provided under the Tribally Con-
trolled Community College Assistance Act of 
1978 (25 U.S.C. 1801 et seq.); and 
‘‘(B) is provided for elementary and sec-
ondary schools under the formula developed 
under section 1128 of the Educational Amend-
ments of 1978 (25 U.S.C. 2008). 
‘‘(6) SERVICES, FUNCTIONS, AND RESPONSIBIL-
ITIES.—A funding agreement shall specify— 
‘‘(A) the services to be provided under the 
funding agreement; 
‘‘(B) the functions to be performed under 
the funding agreement; and 
‘‘(C) the responsibilities of the Indian tribe 
and the Secretary under the funding agreement. 
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‘‘(7) BASE
BUDGET.—A funding agreement 
shall, at the option of the Indian tribe, provide for 
a stable base budget specifying the recurring funds 
(including funds available under section 106(a)) to 
be transferred to the Indian tribe, for such period as 
the Indian tribe specifies in the funding agreement, 
subject to annual adjustment only to reflect changes 
in congressional appropriations. 
‘‘(8) NO WAIVER OF TRUST RESPONSIBILITY.— 
A funding agreement shall prohibit the Secretary 
from waiving, modifying, or diminishing in any way 
the trust responsibility of the United States with re-
spect to Indian tribes and individual Indians that ex-
ists under treaties, Executive orders, court decisions, 
and other laws. 
‘‘(c) AMENDMENT.—The Secretary shall not revise, 
amend, or require additional terms in a new or subsequent 
funding agreement without the consent of the Indian tribe. 
‘‘(d) EFFECTIVE DATE.—A funding agreement shall 
become effective on the date specified in the funding 
agreement. 
‘‘(e) EXISTING AND SUBSEQUENT FUNDING AGREE-
MENTS.— 
‘‘(1) SUBSEQUENT
FUNDING
AGREEMENTS.— 
Absent notification from an Indian tribe that it is 
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withdrawing or retroceding the operation of one or 
more programs identified in a funding agreement, or 
unless otherwise agreed to by the parties to the 
funding agreement— 
‘‘(A) a funding agreement shall remain in 
effect until a subsequent funding agreement is 
executed; and 
‘‘(B) the term of the subsequent funding 
agreement shall be retroactive to the end of the 
term of the preceding funding agreement for 
the purposes of calculating the amount of fund-
ing to which the Indian tribe is entitled. 
‘‘(2) EXISTING
FUNDING
AGREEMENTS.—An 
Indian tribe that was participating in self-govern-
ance under this title on the date of enactment of the 
Department of the Interior Tribal Self-Governance 
Act of 2007 shall have the option at any time after 
that date— 
‘‘(A) to retain its existing funding agree-
ment (in whole or in part) to the extent that 
the provisions of that funding agreement are 
not directly contrary to any express provision of 
this title; or 
‘‘(B) to negotiate a new funding agreement 
in a manner consistent with this title. 
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‘‘(3) MULTI-YEAR FUNDING AGREEMENTS.—An 
Indian tribe may, at the discretion of the Indian 
tribe, negotiate with the Secretary for a funding 
agreement with a term that exceeds one year. 
‘‘SEC. 406. GENERAL PROVISIONS. 
‘‘(a) APPLICABILITY.—An Indian tribe may include 
in any compact or funding agreement provisions that re-
flect the requirements of this title. 
‘‘(b) CONFLICTS
OF INTEREST.—An Indian tribe 
participating in self-governance shall ensure that internal 
measures are in place to address, pursuant to tribal law 
and procedures, conflicts of interest in the administration 
of programs. 
‘‘(c) AUDITS.— 
‘‘(1) SINGLE AGENCY AUDIT ACT.—Chapter 75 
of title 31, United States Code, shall apply to a 
funding agreement under this title. 
‘‘(2) COST PRINCIPLES.—An Indian tribe shall 
apply cost principles under the applicable Office of 
Management and Budget circular, except as modi-
fied by— 
‘‘(A) any provision of law, including section 
106 of this Act; or 
‘‘(B) any exemptions to applicable Office 
of Management and Budget circulars subse-
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quently granted by the Office of Management 
and Budget. 
‘‘(3) FEDERAL CLAIMS.—Any claim by the Fed-
eral Government against the Indian tribe relating to 
funds received under a funding agreement based on 
any audit under this subsection shall be subject to 
the provisions of section 106(f). 
‘‘(d) REDESIGN AND CONSOLIDATION.—An Indian 
tribe may redesign or consolidate programs or reallocate 
funds for programs in any manner that the Indian tribe 
deems to be in the best interest of the Indian community 
being served, so long as the redesign or consolidation does 
not have the effect of denying eligibility for services to 
population groups otherwise eligible to be served under ap-
plicable Federal law. 
‘‘(e) RETROCESSION.— 
‘‘(1) IN GENERAL.—An Indian tribe may fully 
or partially retrocede to the Secretary any program 
under a compact or funding agreement. 
‘‘(2) EFFECTIVE DATE.— 
‘‘(A) AGREEMENT.—Unless the Indian 
tribe rescinds the request for retrocession, such 
retrocession shall become effective on the date 
specified by the parties in the compact or fund-
ing agreement. 
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‘‘(B) NO AGREEMENT.—In the absence of 
a specification of an effective date in the com-
pact or funding agreement, the retrocession 
shall become effective on— 
‘‘(i) the earlier of— 
‘‘(I) one year after the date of 
submission of such request; or 
‘‘(II) the date on which the fund-
ing agreement expires; or 
‘‘(ii) such date as may be mutually 
agreed upon by the Secretary and the In-
dian tribe. 
‘‘(f) NONDUPLICATION.—A funding agreement shall 
provide that, for the period for which, and to the extent 
to which, funding is provided to an Indian tribe under this 
title, the Indian tribe— 
‘‘(1) shall not be entitled to contract with the 
Secretary for funds under section 102, except that 
such Indian tribe shall be eligible for new programs 
on the same basis as other Indian tribes; and 
‘‘(2) shall be responsible for the administration 
of programs in accordance with the compact or 
funding agreement. 
‘‘(g) RECORDS.— 
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‘‘(1) IN
GENERAL.—Unless an Indian tribe 
specifies otherwise in the compact or funding agree-
ment, records of an Indian tribe shall not be consid-
ered Federal records for purposes of chapter 5 of 
title 5, United States Code. 
‘‘(2) RECORDKEEPING
SYSTEM.—An Indian 
tribe shall— 
‘‘(A) maintain a recordkeeping system; and 
‘‘(B) on 30 days’ notice, provide the Sec-
retary with reasonable access to the records to 
enable the Department to meet the require-
ments of sections 3101 through 3106 of title 
44, United States Code. 
‘‘SEC. 407. PROVISIONS RELATED TO THE SECRETARY. 
‘‘(a) TRUST EVALUATIONS.—A funding agreement 
shall include a provision to monitor the performance of 
trust functions by the Indian tribe through the annual 
trust evaluation. 
‘‘(b) REASSUMPTION.— 
‘‘(1) IN
GENERAL.—A compact or funding 
agreement shall include provisions for the Secretary 
to reassume a program and associated funding if 
there is a specific finding relating to that program 
of— 
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‘‘(A) imminent jeopardy to a physical trust 
asset, natural resources, or public health and 
safety that— 
‘‘(i) is caused by an act or omission of 
the Indian tribe; and 
‘‘(ii) arises out of a failure to carry 
out the compact or funding agreement; or 
‘‘(B) gross mismanagement with respect to 
funds transferred to an Indian tribe under a 
compact or funding agreement, as determined 
by the Secretary in consultation with the In-
spector General, as appropriate. 
‘‘(2) PROHIBITION.—The Secretary shall not 
reassume operation of a program in whole or part 
unless— 
‘‘(A) the Secretary first provides written 
notice and a hearing on the record to the In-
dian tribe; and 
‘‘(B) the Indian tribe does not take correc-
tive action to remedy gross mismanagement of 
the funds or the imminent jeopardy to a phys-
ical trust asset, natural resource, or public 
health and safety. 
‘‘(3) EXCEPTION.— 
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‘‘(A) IN GENERAL.—Notwithstanding para-
graph (2), the Secretary may, on written notice 
to the Indian tribe, immediately reassume oper-
ation of a program if— 
‘‘(i) the Secretary makes a finding of 
both imminent and substantial jeopardy 
and irreparable harm to a physical trust 
asset, a natural resource, or the public 
health and safety caused by an act or 
omission of the Indian tribe; and 
‘‘(ii) the imminent and substantial 
jeopardy, and irreparable harm to the 
physical trust asset, natural resource, or 
public health and safety arises out of a 
failure by the Indian tribe to carry out its 
compact or funding agreement. 
‘‘(B) REASSUMPTION.—If the Secretary re-
assumes operation of a program under subpara-
graph (A), the Secretary shall provide the In-
dian tribe with a hearing on the record not 
later than 10 days after the date of reassump-
tion. 
‘‘(c) INABILITY TO AGREE ON COMPACT OR FUND-
ING AGREEMENT.— 
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‘‘(1) FINAL
OFFER.—If the Secretary and a 
participating Indian tribe are unable to agree, in 
whole or in part, on the terms of a compact or fund-
ing agreement (including funding levels), the Indian 
tribe may submit a final offer to the Secretary. 
‘‘(2) DETERMINATION.—Not more than 45 
days after the date of submission of a final offer, or 
as otherwise agreed to by the Indian tribe, the Sec-
retary shall review and make a determination with 
respect to the final offer. 
‘‘(3) NO TIMELY DETERMINATION.—If the Sec-
retary fails to make a determination with respect to 
a final offer within the time specified in paragraph 
(2), the Secretary shall be deemed to have agreed to 
the offer. 
‘‘(4) REJECTION OF FINAL OFFER.— 
‘‘(A) IN GENERAL.—If the Secretary re-
jects a final offer (or one or more provisions or 
funding levels in a final offer), the Secretary 
shall— 
‘‘(i) provide timely written notification 
to the Indian tribe that contains a specific 
finding that clearly demonstrates, or that 
is supported by a controlling legal author-
ity, that— 
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‘‘(I) the amount of funds pro-
posed in the final offer exceeds the 
applicable funding level to which the 
Indian tribe is entitled under this 
title; 
‘‘(II) the program that is the 
subject of the final offer is an inher-
ent Federal function; 
‘‘(III) the Indian tribe cannot 
carry out the program in a manner 
that would not result in significant 
danger or risk to the public health; or 
‘‘(IV) the Indian tribe is not eli-
gible to participate in self-governance 
under section 403(b); 
‘‘(ii) provide technical assistance to 
overcome the objections stated in the noti-
fication required by clause (i); 
‘‘(iii) provide the Indian tribe with a 
hearing on the record with the right to en-
gage in full discovery relevant to any issue 
raised in the matter and the opportunity 
for appeal on the objections raised (except 
that the Indian tribe may, in lieu of filing 
such appeal, directly proceed to initiate an 
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action in a Federal district court under 
section 110(a)); and 
‘‘(iv) provide the Indian tribe the op-
tion of entering into the severable portions 
of a final proposed compact or funding 
agreement (including a lesser funding 
amount, if any), that the Secretary did not 
reject, subject to any additional alterations 
necessary to conform the compact or fund-
ing agreement to the severed provisions. 
‘‘(B) EFFECT
OF
EXERCISING
CERTAIN 
OPTION.—If an Indian tribe exercises the op-
tion specified in subparagraph (A)(iv)— 
‘‘(i) the Indian tribe shall retain the 
right to appeal the rejection by the Sec-
retary under this section; and 
‘‘(ii) clauses (i), (ii), and (iii) of sub-
paragraph (A) shall apply only to the por-
tion of the proposed final compact or fund-
ing agreement that was rejected by the 
Secretary. 
‘‘(d) BURDEN
OF PROOF.—In any administrative 
hearing or appeal or civil action brought under this sec-
tion, the Secretary shall have the burden of demonstrating 
by clear and convincing evidence the validity of the 
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grounds for rejecting a final offer made under subsection 
(c) or the grounds for a reassumption under subsection 
(b). 
‘‘(e) GOOD FAITH.— 
‘‘(1) IN GENERAL.—In the negotiation of com-
pacts and funding agreements, the Secretary shall at 
all times negotiate in good faith to maximize imple-
mentation of the self-governance policy. 
‘‘(2) POLICY.—The Secretary shall carry out 
this title in a manner that maximizes the policy of 
tribal self-governance. 
‘‘(f) SAVINGS.—To the extent that programs carried 
out by Indian tribes and tribal organizations under this 
title reduce the administrative or other responsibilities of 
the Secretary with respect to the operation of Indian pro-
grams and result in savings that have not otherwise been 
included in the amount of tribal shares and other funds 
determined under section 409(c), the Secretary shall make 
such savings available to the Indian tribes or tribal organi-
zations for the provision of additional services to program 
beneficiaries in a manner equitable to directly served, con-
tracted, and compacted programs. 
‘‘(g) TRUST RESPONSIBILITY.—The Secretary may 
not waive, modify, or diminish in any way the trust re-
sponsibility of the United States with respect to Indian 
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tribes and individual Indians that exists under treaties, 
Executive orders, other laws, or court decisions. 
‘‘(h) DECISIONMAKER.—A decision that constitutes 
final agency action and relates to an appeal within the 
Department conducted under subsection (c)(4) may be 
made— 
‘‘(1) by an official of the Department who holds 
a position at a higher organizational level within the 
Department than the level of the departmental agen-
cy in which the decision that is the subject of the 
appeal was made; or 
‘‘(2) by an administrative law judge. 
‘‘(i) RULES OF CONSTRUCTION.—Each provision of 
this title and each provision of a compact or funding 
agreement shall be liberally construed for the benefit of 
the Indian tribe participating in self-governance, and any 
ambiguity shall be resolved in favor of the Indian tribe. 
‘‘SEC. 408. CONSTRUCTION PROGRAMS AND PROJECTS. 
‘‘(a) IN GENERAL.—Nothing in this title shall be con-
strued to alter the applicability of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the 
National Historic Preservation Act (16 U.S.C. 470 et 
seq.), and related provisions of law to any construction 
project undertaken pursuant to this title. 
‘‘(b) NEGOTIATIONS.— 
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‘‘(1) CONSTRUCTION
PROJECTS.—A provision 
shall be included in the funding agreement that, for 
each construction project— 
‘‘(A) states the approximate start and 
completion dates, which may extend for one or 
more years; 
‘‘(B) provides a general description of the 
construction project; 
‘‘(C) states the responsibilities of the In-
dian tribe and the Secretary with respect to the 
construction project; 
‘‘(D) describes— 
‘‘(i) the ways in which project-related 
environmental considerations shall be ad-
dressed; and 
‘‘(ii) the standards by which the In-
dian tribe shall accomplish the project; 
‘‘(E) states the amount of funds provided 
for the project; and 
‘‘(F) states that each project must comply 
with applicable Federal laws, program statutes 
and regulations. 
‘‘(c) CODES
AND
STANDARDS; TRIBAL
ASSUR-
ANCES.— 
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‘‘(1) IN
GENERAL.—The funding agreement 
shall specify how the Indian tribe shall ensure that 
proper health and safety standards are followed in 
carrying out all construction-related activities, in-
cluding— 
‘‘(A) the use of architects and engineers li-
censed and qualified to perform the type of con-
struction involved in the funding agreement; 
‘‘(B) applicable Federal, State, local, or 
tribal codes and applicable engineering stand-
ards, appropriate for the particular project; and 
‘‘(C) necessary inspections and testing by 
the Indian tribe. 
‘‘(2) 
CERTIFICATION.—The 
assurances 
set 
forth in paragraph (1) may be satisfied if the fund-
ing agreement contains a certification by the Indian 
tribe that the Indian tribe will establish and enforce 
procedures designed to ensure that all construction- 
related programs undertaken through the funding 
agreement adhere to building and other codes and 
architectural and engineering standards (including 
public health and safety standards, licensing require-
ments, and procedures identified in paragraph (1)). 
‘‘(d) RESPONSIBILITY FOR COMPLETION.—The In-
dian tribe shall assume responsibility for the successful 
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completion of the construction project in accordance with 
the funding agreement. 
‘‘(e) FUNDING.— 
‘‘(1) IN GENERAL.—Funding for construction 
projects carried out under this title shall be included 
in funding agreements as annual advance payments, 
with semiannual payments at the option of the In-
dian tribe. Annual advance and semiannual payment 
amounts shall be determined based on mutually 
agreeable project schedules reflecting work to be ac-
complished within the advance payment period, work 
accomplished and funds expended in previous pay-
ment periods, and the total prior payments, subject 
to the availability of appropriations for that purpose. 
‘‘(2) CONTINGENCY
FUNDS.—The Secretary 
shall include associated project contingency and re-
tention funds in an advance payment described in 
paragraph (1), and the Indian tribe shall be respon-
sible for the management of the contingency funds 
included in the funding agreement. 
‘‘(3) REALLOCATION OF SAVINGS.— 
‘‘(A) IN GENERAL.—An Indian tribe may 
reallocate any financial savings realized by the 
Indian tribe arising from efficiencies in the de-
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sign, construction, or any other aspect of a con-
struction program or construction project. 
‘‘(B) PURPOSES.—A reallocation under 
subparagraph (A) shall be for construction-re-
lated activity purposes for which the funds were 
appropriated and distributed to the Indian tribe 
under the funding agreement. 
‘‘(f) APPROVAL.— 
‘‘(1) IN GENERAL.—The Secretary shall have at 
least one opportunity to approve project planning 
and design documents prepared by the Indian tribe 
in advance of construction of the facilities specified 
in the scope of work for each negotiated construction 
project agreement or any amendment thereof which 
results in a significant change in the original scope 
of work. 
‘‘(2) CONSISTENT
WITH
CERTIFICATION.—If 
the planning and design documents for a construc-
tion project have been prepared by an Indian tribe 
in a manner consistent with the certification by a li-
censed and qualified architect or engineer given by 
the Indian tribe as required under subsection (c), 
approval by the Secretary of a funding agreement 
providing for the assumption of the construction 
project shall be deemed to be an approval by the 
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Secretary of the construction project planning and 
design documents. 
‘‘(3) REPORTS.—The Indian tribe shall provide 
the Secretary with project progress and financial re-
ports not less than semiannually. 
‘‘(4) INSPECTION.—The Secretary may conduct 
onsite project inspections at a construction project 
semiannually or on an alternate schedule agreed to 
by the Secretary and the Indian tribe. 
‘‘(g) WAGES.— 
‘‘(1) IN GENERAL.—All laborers and mechanics 
employed by a contractor or subcontractor in the 
construction, alteration, or repair (including painting 
or decorating) of a building or other facility in con-
nection with construction projects funded under this 
title shall be paid wages at not less than those pre-
vailing wages on similar construction in the locality 
as determined by the Secretary of Labor in accord-
ance with subchapter IV of chapter 31 of title 40, 
United States Code. 
‘‘(2) AUTHORITY.—With respect to construction 
alteration, or repair work to which that subchapter 
is applicable under this section, the Secretary of 
Labor shall have the authority and functions speci-
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fied in the Reorganization Plan numbered 14, of 
1950, and section 3145 of title 40. 
‘‘(h) APPLICABILITY OF OTHER LAW.—Unless other-
wise agreed to by the Indian tribe, no provision of the Of-
fice of Federal Procurement Policy Act (41 U.S.C. 401 
et seq.), the Federal Acquisition Regulation, or any other 
law or regulation pertaining to Federal procurement (in-
cluding Executive orders) shall apply to any construction 
program or project conducted under this title. 
‘‘SEC. 409. PAYMENT. 
‘‘(a) IN GENERAL.—At the request of the governing 
body of the Indian tribe and under the terms of an agree-
ment, the Secretary shall provide funding to the Indian 
tribe to carry out the funding agreement. 
‘‘(b) ADVANCE ANNUAL PAYMENT.—At the option of 
the Indian tribe, a funding agreement shall provide for 
an advance annual payment to an Indian tribe. 
‘‘(c) AMOUNT.—Subject to subsection (e) and sec-
tions 405 and 406 of this title, the Secretary shall provide 
funds to the Indian tribe under a funding agreement for 
programs in an amount that is equal to the amount that 
the Indian tribe would have been entitled to receive under 
contracts and grants under this Act (including amounts 
for direct program and contract support costs and, in ad-
dition, any funds that are specifically or functionally re-
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lated to the provision by the Secretary of services and ben-
efits to the Indian tribe or its members) without regard 
to the organization level within the Department in which 
the programs are carried out. 
‘‘(d) TIMING.—Unless the funding agreement pro-
vides otherwise, the transfer of funds shall be made not 
later than 10 days after the apportionment of funds by 
the Office of Management and Budget to the Department. 
‘‘(e) AVAILABILITY.—Funds for trust services to indi-
vidual Indians shall be available under a funding agree-
ment only to the extent that the same services that would 
have been provided by the Secretary are provided to indi-
vidual Indians by the Indian tribe. 
‘‘(f) MULTIYEAR FUNDING.—A funding agreement 
may provide for multiyear funding. 
‘‘(g) LIMITATIONS
ON AUTHORITY
OF
THE SEC-
RETARY.—The Secretary shall not— 
‘‘(1) fail to transfer to an Indian tribe its full 
share of any central, headquarters, regional, area, or 
service unit office or other funds due under this 
title, except as required by Federal law; 
‘‘(2) withhold any portion of such funds for 
transfer over a period of years; or 
‘‘(3) reduce the amount of funds required under 
this title— 
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‘‘(A) to make funding available for self- 
governance monitoring or administration by the 
Secretary; 
‘‘(B) in subsequent years, except as nec-
essary as a result of— 
‘‘(i) a reduction in appropriations 
from the previous fiscal year for the pro-
gram to be included in a compact or fund-
ing agreement; 
‘‘(ii) a congressional directive in legis-
lation or an accompanying report; 
‘‘(iii) a tribal authorization; 
‘‘(iv) a change in the amount of pass- 
through funds subject to the terms of the 
funding agreement; or 
‘‘(v) completion of an activity under a 
program for which the funds were pro-
vided; 
‘‘(C) to pay for Federal functions, includ-
ing— 
‘‘(i) Federal pay costs; 
‘‘(ii) Federal employee retirement ben-
efits; 
‘‘(iii) automated data processing; 
‘‘(iv) technical assistance; and 
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‘‘(v) monitoring of activities under 
this title; or 
‘‘(D) to pay for costs of Federal personnel 
displaced by self-determination contracts under 
this Act or self-governance under this title. 
‘‘(h) FEDERAL RESOURCES.—If an Indian tribe 
elects to carry out a compact or funding agreement with 
the use of Federal personnel, Federal supplies (including 
supplies available from Federal warehouse facilities), Fed-
eral supply sources (including lodging, airline transpor-
tation, and other means of transportation including the 
use of interagency motor pool vehicles) or other Federal 
resources (including supplies, services, and resources 
available to the Secretary under any procurement con-
tracts in which the Department is eligible to participate), 
the Secretary shall acquire and transfer such personnel, 
supplies, or resources to the Indian tribe. 
‘‘(i) PROMPT PAYMENT ACT.—Chapter 39 of title 31, 
United States Code, shall apply to the transfer of funds 
due under a compact or funding agreement authorized 
under this title. 
‘‘(j) INTEREST OR OTHER INCOME.— 
‘‘(1) IN GENERAL.—An Indian tribe may retain 
interest or income earned on any funds paid under 
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a compact or funding agreement to carry out gov-
ernmental purposes 
‘‘(2) NO EFFECT ON OTHER AMOUNTS.—The 
retention of interest or income under paragraph (1) 
shall not diminish the amount of funds an Indian 
tribe is entitled to receive under a funding agree-
ment in the year the interest or income is earned or 
in any subsequent fiscal year. 
‘‘(3) INVESTMENT
STANDARD.—Funds trans-
ferred under this title shall be managed using the 
prudent investment standard. 
‘‘(k) CARRYOVER OF FUNDS.— 
‘‘(1) IN GENERAL.—Notwithstanding any provi-
sion of an Act of appropriation, all funds paid to an 
Indian tribe in accordance with a compact or fund-
ing agreement shall remain available until expended. 
‘‘(2) EFFECT
OF
CARRYOVER.—If an Indian 
tribe elects to carry over funding from 1 year to the 
next, the carryover shall not diminish the amount of 
funds the Indian tribe is entitled to receive under a 
funding agreement in that fiscal year or any subse-
quent fiscal year. 
‘‘(l) LIMITATION OF COSTS.— 
‘‘(1) IN GENERAL.—An Indian tribe shall not 
be obligated to continue performance that requires 
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an expenditure of funds in excess of the amount of 
funds transferred under a compact or funding agree-
ment. 
‘‘(2) NOTICE
OF
INSUFFICIENCY.—If at any 
time the Indian tribe has reason to believe that the 
total amount provided for a specific activity under a 
compact or funding agreement is insufficient the In-
dian tribe shall provide reasonable notice of such in-
sufficiency to the Secretary. 
‘‘(3) SUSPENSION OF PERFORMANCE.—If, after 
notice under paragraph (2), the Secretary does not 
increase the amount of funds transferred under the 
funding agreement, the Indian tribe may suspend 
performance of the activity until such time as addi-
tional funds are transferred. 
‘‘(m) DISTRIBUTION OF FUNDS.—The Office of Self- 
Governance shall be responsible for distribution of all Bu-
reau of Indian Affairs funds provided under this title un-
less otherwise agreed by the parties. 
‘‘SEC. 410. FACILITATION. 
‘‘(a) IN GENERAL.—Except as otherwise provided by 
law, the Secretary shall interpret each Federal law and 
regulation in a manner that facilitates— 
‘‘(1) the inclusion of programs in funding 
agreements; and 
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‘‘(2) the implementation of funding agreements. 
‘‘(b) REGULATION WAIVER.— 
‘‘(1) REQUEST.—An Indian tribe may submit a 
written request for a waiver to the Secretary identi-
fying the specific text in regulation sought to be 
waived and the basis for the request. 
‘‘(2) DETERMINATION BY THE SECRETARY.— 
Not later than 120 days after receipt by the Sec-
retary of a request under paragraph (1), the Sec-
retary shall approve or deny the requested waiver in 
writing to the Indian tribe. 
‘‘(3) GROUND
FOR
DENIAL.—The Secretary 
may deny a request under paragraph (1) only upon 
a specific finding by the Secretary that the identified 
text in the regulation may not be waived because 
such a waiver is prohibited by Federal law. 
‘‘(4) FAILURE TO MAKE DETERMINATION.—If 
the Secretary fails to approve or deny a waiver re-
quest within the time required under paragraph (2), 
the Secretary shall be deemed to have approved the 
request. 
‘‘(5) FINALITY.—The Secretary’s decision shall 
be final for the Department. 
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‘‘SEC. 411. DISCLAIMERS. 
‘‘Nothing in this title expands or alters any statutory 
authority of the Secretary so as to authorize the Secretary 
to enter into any agreement under sections 405(b)(2) or 
405(b)(3)— 
‘‘(1) with respect to an inherent Federal func-
tion; 
‘‘(2) in a case in which the law establishing a 
program explicitly prohibits the type of participation 
sought by the Indian tribe (without regard to wheth-
er one or more Indian tribes are identified in the au-
thorizing law); or 
‘‘(3) limits or reduces 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. 412. APPLICATION OF OTHER SECTIONS OF THE ACT. 
‘‘(a) MANDATORY APPLICATION.—Sections 5(d), 6, 
7, 102(c), 104, 105(f), 105(m)(1)(B), 110, and 111 apply 
to compacts and funding agreements under this title. 
‘‘(b) DISCRETIONARY APPLICATION.— 
‘‘(1) IN GENERAL.—At the option of a partici-
pating Indian tribe or Indian tribes, any or all of the 
provisions of title I shall be incorporated in any De-
partment compact or funding agreement. 
‘‘(2) EFFECT.—Each incorporated provision— 
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‘‘(A) shall have the same force and effect 
as if set out in full in this title; and 
‘‘(B) shall be deemed to supplement or re-
place any related provision in this title and to 
apply to any agency otherwise governed by this 
title. 
‘‘(3) EFFECTIVE DATE.—If an Indian tribe re-
quests incorporation at the negotiation stage of a 
compact or funding agreement, the incorporation— 
‘‘(A) shall be deemed effective immediately; 
and 
‘‘(B) shall control the negotiation and re-
sulting compact and funding agreement. 
‘‘SEC. 413. BUDGET REQUEST. 
‘‘(a) REQUIREMENT
OF
ANNUAL
BUDGET
RE-
QUEST.— 
‘‘(1) IN GENERAL.—The President shall iden-
tify in the annual budget request submitted to Con-
gress under section 1105 of title 31, United States 
Code, all funds necessary to fully fund all funding 
agreements authorized under this title. 
‘‘(2) DUTY
OF
SECRETARY.—The Secretary 
shall ensure that there are included, in each budget 
request, requests for funds in amounts that are suf-
ficient for planning and negotiation grants and suffi-
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cient to cover any shortfall in funding identified 
under subsection (b). 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection authorizes the Secretary to reduce 
the amount of funds that an Indian tribe is other-
wise entitled to receive under a funding agreement 
or other applicable law. 
‘‘(b) PRESENT
FUNDING; SHORTFALLS.—In all 
budget requests, the President shall identify the level of 
need presently funded and any shortfall in funding (in-
cluding direct program costs, tribal shares, and contract 
support costs) for each Indian tribe, either directly by the 
Secretary, under self-determination contracts, or under 
compacts and funding agreements. 
‘‘SEC. 414. REPORTS. 
‘‘(a) IN GENERAL.— 
‘‘(1) REQUIREMENT.—On January 1 of each 
year, the Secretary shall submit to Congress a re-
port regarding the administration of this title. 
‘‘(2) ANALYSIS.—A report under paragraph (1) 
shall include a detailed analysis of tribal unmet need 
for each Indian tribe, either directly by the Sec-
retary, under self-determination contracts under title 
I, or under compacts and funding agreements au-
thorized under this title. 
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‘‘(3) NO
ADDITIONAL
REPORTING
REQUIRE-
MENTS.—In preparing reports under paragraph (1), 
the Secretary may not impose any reporting require-
ments on participating Indian tribes not otherwise 
provided by this title. 
‘‘(b) CONTENTS.—The report under subsection (a)(1) 
shall— 
‘‘(1) be compiled from information contained in 
funding agreements, annual audit reports, and data 
of the Secretary regarding the disposition of Federal 
funds; 
‘‘(2) identify— 
‘‘(A) the relative costs and benefits of self- 
governance; 
‘‘(B) with particularity, all funds that are 
specifically or functionally related to the provi-
sion by the Secretary of services and benefits to 
self-governance Indian tribes and members of 
Indian tribes; 
‘‘(C) the funds transferred to each Indian 
tribe and the corresponding reduction in the 
Federal employees and workload; 
‘‘(D) the funding formula for individual 
tribal shares of all Central Office funds, to-
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gether with the comments of affected Indian 
tribes, developed under subsection (d); and 
‘‘(E) amounts expended in the preceding 
fiscal year to carry out inherent Federal func-
tions, including an identification of inherent 
Federal functions by type and location; 
‘‘(3) contain a description of the methods used 
to determine the individual tribal share of funds con-
trolled by all components of the Department (includ-
ing funds assessed by any other Federal agency) for 
inclusion in compacts or funding agreements; 
‘‘(4) before being submitted to Congress, be dis-
tributed to the Indian tribes for comment (with a 
comment period of no less than 30 days); and 
‘‘(5) include the separate views and comments 
of each Indian tribe or tribal organization. 
‘‘(c) REPORT ON NON-BIA PROGRAMS.— 
‘‘(1) IN GENERAL.—In order to optimize oppor-
tunities for including non-Bureau of Indian Affairs 
programs in agreements with Indian tribes partici-
pating in self-governance under this title, the Sec-
retary shall— 
‘‘(A) review all programs administered by 
the Department, other than through the Bu-
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reau of Indian Affairs, without regard to the 
agency or office concerned; and 
‘‘(B) not later than January 1 of each 
year, submit to Congress— 
‘‘(i) a list of all such programs that 
the Secretary determines, with the concur-
rence of Indian tribes participating in self- 
governance under this title, are eligible to 
be included in a funding agreement at the 
request of a participating Indian tribe; and 
‘‘(ii) a list of all such programs for 
which Indian tribes have requested to in-
clude in a funding agreement under section 
405(b)(3) due to the special geographic, 
historical, or cultural significance of the 
program to the Indian tribe, indicating 
whether each request was granted or de-
nied, and stating the grounds for any de-
nial. 
‘‘(2) PROGRAMMATIC TARGETS.—The Secretary 
shall establish programmatic targets, after consulta-
tion with Indian tribes participating in self-govern-
ance, to encourage bureaus of the Department to en-
sure that a significant portion of those programs are 
included in funding agreements. 
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‘‘(3) PUBLICATION.—The lists and targets 
under paragraphs (1) and (2) shall be published in 
the Federal Register and made available to any In-
dian tribe participating in self-governance. 
‘‘(4) ANNUAL REVIEW.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
annually review and publish in the Federal Reg-
ister, after consultation with Indian tribes par-
ticipating in self-governance, revised lists and 
programmatic targets. 
‘‘(B) CONTENTS.—The revised lists and 
programmatic targets shall include all programs 
that were eligible for contracting in the original 
list published in the Federal Register in 1995, 
except for programs specifically determined not 
to be contractible as a matter of law. 
‘‘(d) REPORT ON CENTRAL OFFICE FUNDS.—Not 
later than January 1, 2010, the Secretary shall, in con-
sultation 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 compacts. 
‘‘SEC. 415. REGULATIONS. 
‘‘(a) IN GENERAL.— 
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‘‘(1) PROMULGATION.—Not later than 90 days 
after the date of the enactment of the Department 
of the Interior Tribal Self-Governance Act of 2007, 
the Secretary shall initiate procedures under sub-
chapter III of chapter 5, of title 5, United States 
Code, to negotiate and promulgate such regulations 
as are necessary to carry out the amendments made 
by this title. 
‘‘(2) PUBLICATION
OF
PROPOSED
REGULA-
TIONS.—Proposed regulations to implement the 
amendments shall be published in the Federal Reg-
ister not later than 1 year after the date of the en-
actment of this title. 
‘‘(3) EXPIRATION OF AUTHORITY.—The author-
ity to promulgate regulations under paragraph (1) 
shall expire on the date that is 18 months after the 
date of the enactment of this title. 
‘‘(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 Federal and tribal 
government representatives. 
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‘‘(2) LEAD AGENCY.—Among the Federal rep-
resentatives, the Office of Self-Governance shall be 
the lead agency for the Department. 
‘‘(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.—All regulatory provisions under 
part 1000 of title 25, Code of Federal Regulations, 
inconsistent with this title are repealed on the date 
of the enactment of the Department of the Interior 
Tribal Self-Governance Act of 2007. 
‘‘(2) EFFECTIVENESS
WITHOUT
REGARD
TO 
REGULATIONS.—The lack of promulgated regula-
tions shall not limit the effect of this title. 
‘‘SEC. 416. EFFECT OF CIRCULARS, POLICIES, MANUALS, 
GUIDANCES, AND RULES. 
‘‘Unless expressly agreed to by a participating Indian 
tribe in the compact or funding agreement, the partici-
pating Indian tribe shall not be subject to any agency cir-
cular, policy, manual, guidance, or rule adopted by the De-
partment, except for— 
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‘‘(1) the eligibility provisions of section 105(g); 
and 
‘‘(2) regulations promulgated under section 
415. 
‘‘SEC. 417. APPEALS. 
‘‘In any administrative appeal or civil action for judi-
cial review of any decision made by the Secretary under 
this title, the Secretary shall have the burden of proof of 
demonstrating by clear and convincing evidence— 
‘‘(1) the validity of the grounds for the decision; 
and 
‘‘(2) the consistency of the decision with the 
provisions and policies of this title. 
‘‘SEC. 418. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated such sums 
as may be necessary to carry out this title.’’. 
Æ 
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