I
104TH CONGRESS
2D SESSION
H. R. 3354
To provide for the reorganization of the Bureau of Indian Affairs, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 30, 1996
Mr. HAYWORTH introduced the following bill; which was referred to the
Committee on Resources
A BILL
To provide for the reorganization of the Bureau of Indian
Affairs, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE, PURPOSES, TABLE OF CON-
TENTS, AND DEFINITIONS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Bureau of Indian Affairs Reorganization Act of 1996’’.
(b) PURPOSES.—The purposes of this Act are—
(1) to ensure the meaningful involvement of In-
dian tribes as full negotiation partners with the
United States in all efforts to reorganize and re-
structure the Bureau of Indian Affairs; and
(2) to ensure the active participation by Indian
tribes in the development of the budget requests for
the Bureau of Indian Affairs and the Indian Health
Services which are submitted to the President by the
Secretary of the Interior and the Secretary of
Health and Human Services for inclusion in the an-
nual budget request submitted by the President to
the Congress pursuant to section 1108 of title 31,
United States Code.
(c) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title, purposes, table of contents, and definitions.
TITLE I—REORGANIZATION COMPACTS
Sec. 101. Reorganization of area offices.
Sec. 102. Reorganization of agency offices.
Sec. 103. Reorganization of central office.
Sec. 104. Authority to spend funds.
Sec. 105. Savings provisions.
Sec. 106. Additional conforming amendments.
Sec. 107. Authorization of appropriations.
Sec. 108. Effective date.
Sec. 109. Separability.
Sec. 110. Suspension of certain administrative actions.
Sec. 111. Statutory construction.
Sec. 112. Tribal authority recognized.
Sec. 113. Renegotiation authority.
Sec. 114. Disclosure of information.
TITLE II—AMENDMENT TO THE INDIAN SELF-DETERMINATION
AND EDUCATION ASSISTANCE ACT
Sec. 201. Budget development.
TITLE III—REFORM OF THE REGULATIONS OF THE BUREAU OF
INDIAN AFFAIRS
Sec. 301. BIA Manual.
Sec. 302. Task force.
Sec. 303. Authorization of appropriations.
(d) DEFINITIONS.—For purposes of this Act, the fol-
lowing definitions shall apply:
(1) AREA
OFFICE.—The term ‘‘area office’’
means 1 of the 12 area offices of the Bureau of In-
dian Affairs in existence on the date of enactment
of this Act.
(2) AREA OFFICE PLAN.—The term ‘‘area office
plan’’ means a plan for the reorganization of an area
office negotiated by the Secretary and Indian tribes
pursuant to section 101.
(3) AGENCY
OFFICE.—The term ‘‘agency of-
fice’’ means an agency office of the Bureau of In-
dian Affairs in existence on the date of enactment
of this Act.
(4) AGENCY OFFICE PLAN.—The term ‘‘agency
office plan’’ means a plan for the reorganization of
an agency office negotiated by the Secretary and In-
dian tribes pursuant to section 102.
(5) BIA MANUAL.—The term ‘‘BIA Manual’’
means the most recent edition of the Bureau of In-
dian Affairs Manual issued by the Department of
the Interior.
(6) BUREAU.—The term ‘‘Bureau’’ means the
Bureau of Indian Affairs.
(7) CENTRAL OFFICE.—The term ‘‘central of-
fice’’ means the Central Office of the Bureau, and
includes the offices of the Central Office that are
housed in Washington, D.C. and Albuquerque, New
Mexico.
(8) 
CENTRAL
OFFICE
PLAN.—The 
term
‘‘central office plan’’ means the plan for the reorga-
nization of the central office negotiated by the Sec-
retary and Indian tribes pursuant to section 103.
(9) DEPARTMENT.—The term ‘‘Department’’
means the Department of the Interior.
(10) DIRECTOR.—The term ‘‘Director’’ means,
with respect to an area office, the Director of the
area office.
(11) FUNCTION.—The term ‘‘function’’ means
any duty, obligation, power, authority, responsibility,
right, privilege, activity, or program.
(12) INDIAN TRIBE.—The term ‘‘Indian tribe’’
has the same meaning as in section 4(e) of the In-
dian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(e)).
(13) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of the Interior.
(14) SUPERINTENDENT.—The term ‘‘Super-
intendent’’ means the Superintendent of an agency
office.
(15) 
TRIBAL
PRIORITY
ALLOCATION
AC-
COUNT.—The term ‘‘tribal priority allocation ac-
count’’ means an account so designated by the Bu-
reau, with respect to which program priorities and
funding levels are established by individual Indian
tribes.
(16) TRIBAL RECURRING BASE FUNDING.—The
term ‘‘tribal recurring base funding’’ means recur-
ring base funding (as defined and determined by the
Secretary) for the tribal priority allocation accounts
of an Indian tribe allocated to a tribe by the Bureau.
TITLE I—REORGANIZATION
COMPACTS
SEC. 101. REORGANIZATION OF AREA OFFICES.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law—
(1) not later than 30 days after the date of en-
actment of this Act, the Secretary shall notify in
writing each Indian tribe served by an area office of
the time and place of the initial prenegotiation meet-
ing to establish a schedule for negotiations under
this subsection; and
(i) retained by the Bureau; or
(ii) transferred to Indian tribes served
by the area office;
(F) the issuance of waivers or other au-
thorities by the Secretary so that functions and
other responsibilities of the Secretary may be
carried out by the area office or transferred to
Indian tribes;
(G) the promulgation of revised regulations
relating to the functions of the area office that
are performed by the area office or transferred
to Indian tribes;
(H) the reordering of funding priorities;
and
(I) a formula for the transfer, to the tribal
recurring base funding for each Indian tribe
served by the area office, of unexpended bal-
ances of appropriations and other Federal
funds made available to the area office in con-
nection with any function transferred to Indian
tribes pursuant to subparagraph (E)(ii).
(2) SHARE OF FUNDING.—An area office plan
shall include, for each Indian tribe served by the
area office, a negotiated determination of the share
of the Indian tribe of the funds used by the area of-
fice on an annual basis to support functions and
services of each tribe (hereafter in this subsection
referred to as the ‘‘tribal share’’).
(3) OPTION
OF
MAINTENANCE
OF
CURRENT
STATUS.—At the option of a majority of the Indian
tribes served by an area office, a reorganization plan
may provide for the continuation of organizational
structures, functions, or funding priorities of the
area office that are substantially similar to those in
effect at the time of the negotiation of the area of-
fice plan.
(4) APPROVAL OF AREA OFFICE PLAN BY IN-
DIAN TRIBES.—
(A) IN GENERAL.—On the date on which
the negotiation of an area office plan is con-
cluded, the Secretary shall submit the plan to
the Indian tribes served by the area office for
approval.
(B) EFFECT
OF
FAILURE
OF
INDIAN
TRIBE TO APPROVE PLAN.—If an Indian tribe
served by an area office fails to approve an area
office plan by the date that is 60 days after the
Secretary submits the plan pursuant to sub-
paragraph (A) to the Indian tribes served by
that office, the plan shall be considered to have
been disapproved by that Indian tribe.
(C) REORGANIZATION
COMPACT.—If, by
the date specified in subparagraph (B), a ma-
jority of the Indian tribes approve the area of-
fice plan by tribal resolution or other official act
of the governing body of each Indian tribe in-
volved, the Secretary shall enter into a reorga-
nization compact pursuant to subsection (c).
(5) SINGLE
TRIBE
AREA
OFFICE.—Not later
than 30 days after the date of enactment of this
Act, the Secretary shall notify in writing an Indian
tribe that is served by an area office that serves only
that Indian tribe of the time and place of the initial
prenegotiation meeting to establish a schedule for
negotiations for an area office plan. If, by not later
than 60 days after the date of enactment of this
Act, an Indian tribe that is served by an area office
that serves only that Indian tribe notifies the Sec-
retary in writing that the Indian tribe elects to enter
into negotiations with the Secretary to prepare a re-
organization plan for the area office—
(A) not later than 150 days after the date
of enactment of this Act, the Secretary shall
conclude such negotiations; and
(B) if, by the date that is 60 days after
the date specified in subparagraph (A), the In-
dian tribe approves the area office plan by trib-
al resolution or other official act of the govern-
ing body of the Indian tribe, the Secretary shall
enter into a reorganization compact with the
Indian tribe to carry out the area office plan.
(6) OPTION TO TAKE TRIBAL SHARE.—
(A) IN GENERAL.—If—
(i) by the date specified in paragraph
(4)(B), a majority of the Indian tribes
served by an area office fail to approve an
area office plan, an Indian tribe may, not
later than 60 days after the date specified
in paragraph (4)(B), notify the Secretary
in writing that the Indian tribe elects to
receive directly the tribal share of the In-
dian tribe; or
(ii) by the date specified in paragraph
(5)(B), the Indian tribe served by an area
office fails to approve an area office plan,
the Indian tribe may, not later than 60
days after the date specified in paragraph
(5)(B), notify the Secretary in writing that
the Indian tribe elects to receive directly
the tribal share of the Indian tribe.
(B) AGREEMENT.—Not later than 30 days
after the date on which the Secretary receives
a notice under subparagraph (A), the Secretary
shall enter into an agreement with the Indian
tribe for the immediate and direct transfer to
the Indian tribe of an amount equal to the trib-
al share, or if the agreement covers a period of
less than 12 months, a prorated amount of the
tribal share. The agreement shall include—
(i) a negotiated determination of the
amount, if any, of residual Federal funds
to be retained by the Secretary for the
area office that are minimally necessary to
carry out trustee and other functions of
the Federal Government that are not dele-
gable to the Indian tribes served by the
area office; and
(ii) a negotiated description of the re-
sponsibilities to be carried out by—
(I) the area office; and
(II) the Indian tribe.
(7) SELF-DETERMINATION AND SELF-GOVERN-
ANCE AUTHORITIES NOT AFFECTED.—If an Indian
tribe exercises the option to receive a tribal share
of funds in accordance with paragraph (6), the exer-
cise of that option may not be construed to limit
or restrict any right of that tribe or any other tribe
to receive funds under title I or IV of the Indian
Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.), and funds received under
that Act may be included as part of the tribal share
identified in paragraph (6).
(8) SECRETARIAL AUTHORITY.—If, by the date
specified in subsection (c), a majority of the Indian
tribes served by an area office fail to approve the
plan pursuant to paragraph (4), the organizational
structure, functions, and funding priorities of the
area office in effect at the time of the negotiation of
the area office plan shall be determined by the Sec-
retary, in consultation with the Indian tribes served
by that area office, and in a manner consistent with
the exercise by any Indian tribe of the option to re-
ceive directly the tribal share of the Indian tribe
under paragraph (6).
(c) AREA OFFICE REORGANIZATION COMPACTS.—
(1) IN GENERAL.—Not later than 30 days after
the date on which a majority of the Indian tribes
served by the area office that is the subject of a re-
organization plan have approved the plan pursuant
to subsection (b)(4), the Secretary shall enter into
an area office reorganization compact with the In-
dian tribes that have approved the plan to carry out
that plan (hereafter in this subsection referred to as
the ‘‘area office reorganization compact’’).
(2) PROHIBITION
AGAINST
CERTAIN
LIMITA-
TIONS.—With respect to an Indian tribe that is not
a party to an area office reorganization compact en-
tered into by the Secretary under this subsection,
nothing in this section may limit or reduce the level
of any service or funding that the Indian tribe would
otherwise receive pursuant to applicable Federal law
(including title I or IV of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450
et seq.)).
SEC. 102. REORGANIZATION OF AGENCY OFFICES.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law—
(1) not later than 30 days after the date of en-
actment of this Act, the Secretary shall notify each
Indian tribe in writing of the time and place of the
initial prenegotiation meeting to establish a schedule
for negotiations under this subsection; and
(2) not later than 150 days after the date of
enactment of this Act, the Secretary, acting through
the Superintendent (or a designee of the Super-
intendent) of each agency office, shall conclude nego-
tiations with the Indian tribes served by each agency
office on an agency office plan for each agency of-
fice.
(b) CONTENTS OF AGENCY OFFICE PLANS.—
(1) IN GENERAL.—Each agency office plan that
is prepared by the Secretary pursuant to this sub-
section shall provide for the organization of the
agency office covered under the plan. To the extent
that a majority of the Indian tribes served by the
agency office do not exercise the option to maintain
current organizational structures, functions, or fund-
ing priorities pursuant to paragraph (3), the agency
office plan shall provide, with respect to the agency
office covered under the agency office plan, for—
(A) the reorganization of the administra-
tive structure of the agency office;
(B) the reallocation of personnel (including
determinations of office size and functions);
(C) the delegation of authority of the Sec-
retary to the Superintendent or Indian tribes;
(D) transfers of functions;
(E) the specification of functions—
(i) retained by the Bureau; or
(ii) transferred to Indian tribes served
by the agency office;
(F) the issuance of waivers or other au-
thorities by the Secretary so that functions and
other responsibilities of the Secretary may be
carried out by the agency office or transferred
to Indian tribes;
(G) the promulgation of revised regulations
relating to the functions of the agency office
that are carried by the agency office or trans-
ferred to Indian tribes;
(H) the reordering of funding priorities;
and
(I) a formula for the transfer, to the tribal
recurring base funding for each Indian tribe
served by the agency office, of unexpended bal-
ances of appropriations and other Federal
funds made available to the agency office in
connection with any function transferred to In-
dian tribes pursuant to subparagraph (E)(ii).
(2) SHARE
OF
FUNDING.—An agency office
plan shall include, for each Indian tribe served by
the agency office, a negotiated determination of the
share of the Indian tribe of the funds used by the
agency office on an annual basis to support func-
tions and services of the tribe (hereafter in this sub-
section referred to as the ‘‘tribal share’’).
(3) OPTION
OF
MAINTENANCE
OF
CURRENT
STATUS.—At the option of a majority of the Indian
tribes served by an agency office, an agency office
plan may provide for the continuation of organiza-
tional structures, functions, or funding priorities of
the agency office that are substantially similar to
those in effect at the time of the development of the
agency office plan.
(4) APPROVAL OF AGENCY OFFICE PLAN BY IN-
DIAN TRIBES.—
(A) IN GENERAL.—On the date on which
the negotiation of an agency office plan is con-
cluded, the Secretary shall submit the agency
office plan to the Indian tribes served by the
agency office for approval.
(B) EFFECT
OF
FAILURE
OF
INDIAN
TRIBE TO APPROVE PLAN.—If an Indian tribe
served by an agency office fails to approve an
agency office plan by the date that is 60 days
after the Secretary submits the plan pursuant
to subparagraph (A) to the Indian tribes served
by that office, the plan shall be considered to
have been disapproved by that Indian tribe.
(C) REORGANIZATION
COMPACT.—If, by
the date specified in subparagraph (B), a ma-
jority of the Indian tribes approve the agency
office plan by a tribal resolution or other offi-
cial act of the governing body of each Indian
tribe involved, the Secretary shall enter into a
reorganization compact pursuant to subsection
(c).
(5) SINGLE TRIBE AGENCY OFFICE.—Not later
than 30 days after the date of enactment of this
Act, the Secretary shall notify in writing an Indian
tribe that is served by an agency office that serves
only that Indian tribe of the time and place of the
initial prenegotiation meeting to establish a schedule
for negotiations for an agency office plan. If, by not
later than 60 days after the date of enactment of
this Act, an Indian tribe that is served by an agency
office that serves only that Indian tribe notifies the
Secretary in writing that the Indian tribe elects to
enter into negotiations with the Secretary to prepare
a reorganization plan for the agency office—