Indian Self-Determination Act Amendments of 1994
PL 103-413 (H.R.4842), enacted 10/25/1994

108 STAT. 4250 
PUBLIC LAW 103-413—OCT. 25, 1994 
Public Law 103-413 
103d Congress 
Oct. 25, 1994 
[H.R. 4842] 
Indian Self-
Determination 
Act 
Amendments of 
1994. 
25 u s e 450 
note. 
Indian Self-
Determination 
Contract Reform 
Act of 1994. 
25 u s e 450 
note. 
25 u s e 450b. 
25 u s e 450c. 
An Act 
To specify the terms of contracts entered into by the United States and Indian 
tribal organizations under the Indian Self-Determination and Education Assistance 
Act and to provide for tribal Self-Governance, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Indian Self-Determination Act 
Amendments of 1994". 
TITLE I—INDIAN SELF-DETERMINATION 
ACT CONTRACTS 
SEC. 101. SHORT TITLE. 
This title may be cited as the "Indian Self-Determination Con-
tract Reform Act of 1994". 
SEC. 102. GENERAL AMENDMENTS. 
The Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450 et seq.) is amended— 
(1) in section 4— 
(A) in subsection (g), by striking "indirect costs rate" 
£ind inserting "indirect cost rate"; 
(B) by striking "and" at the end of subsection (k); 
(C) by striking the period at the end of subsection 
(1) and inserting "; and"; and 
(D) by adding at the end the following new subsection: 
"(m) 'construction contract' means a fixed-price or cost-
reimbursement 
self-determination 
contract for a 
construction 
project, except that such term does not include any contract— 
"(1) that is limited to providing planning services and 
construction management services (or a combination of such 
services); 
"(2) for the Housing Improvement Program or roads 
maintenance program of the Bureau of Indian Affairs adminis-
tered by the Secretary of the Interior; or 
"(3) for the health facility maintenance and improvement 
program administered by the Secretary of Health and Human 
Services."; 
(2) by striking subsection (f) of section 5 and inserting 
the following new subsection: 
"(f)(1) For each fiscal year during which an Indian tribal 
organization receives or expends funds pursuant to a contract 
PUBLIC LAW 103-413—OCT. 25, 1994 
108 STAT. 4251 
entered into, or grant made, under this Act, the tribal organization 
that requested such contract or grant shall submit to the appro-
priate Secretary a single-agency audit report required by chapter 
75 of title 31, United States Code. 
"(2) In addition to submitting a single-agency audit report 
pursuant to paragraph (1), a tribal organization referred to in 
such paragraph shall submit such additional information concerning 
the conduct of the program, function, service, or activity carried 
out pursuant to the contract or grant that is the subject of the 
report as the tribal organization may negotiate with the Secretary. 
"(3) Any disagreement over reporting requirements shall be 
subject to the declination criteria and procedures set forth in section 
102."; 
(3) in section 7(a), by striking "of subcontractors" and 
25 USC 450e. 
inserting in lieu thereof "or subcontractors (excluding tribes 
and tribal organizations)"; 
(4) at the end of section 7, add the following new subsection: 
"(c) Notwithstanding subsections (a) and (b), with respect to 
any self-determination contract, or portion of a self-determination 
contract, that is intended to benefit one tribe, the tribal employment 
or contract preference laws adopted by such tribe shall govern 
with respect to the administration of the contract or portion of 
tiiG contract 
(5) at the end of section 102(a)(1), add the following new 
25USC450f. 
flush sentence: 
"The programs, functions, services, or activities that are contracted 
under this paragraph shall include administrative functions of the 
Department of the Interior and the Department of Health and 
Human Services (whichever is applicable) that support the delivery 
of services to Indians, including those administrative activities 
supportive of, but not included as part of, the service delivery 
programs described in this paragraph that are otherwise contract-
able. The administrative functions referred to in the preceding 
sentence shall be contractable without regard to the organizational 
level within the Department that carries out such functions."; 
(6) in section 102(a)— 
(A) in paragraph (2)— 
(i) in the first sentence, by inserting ", or a proposal 
to amend or renew a self-determination contract," 
before "to the Secretary for review"; 
(ii) in the second sentence— 
(I) by striking "The" and inserting "Subject 
to the provisions of paragraph (4), the"; 
(II) by inserting "and award the contract" after 
"approve the proposal"; 
(III) by striking ", within sixty days of receipt 
of the proposal,"; and 
(IV) by striking "a specific finding is made 
that" and inserting "the Secretary provides written 
notification to the applicant that contains a specific 
finding that clearly demonstrates that, or that is 
supported by a controlling legal authority that"; 
(iii) in subparagraph (B), by striking "or" after 
the semicolon; 
(iv) in subparagraph (C), by striking the period 
at the end and inserting a semicolon; 
108 STAT. 4252 
PUBLIC LAW 103-413—OCT. 25, 1994 
(v) by adding at the end the following new subpara-
graphs: 
"(D) the amount of funds proposed under the contract 
is in excess of the applicable funding level for the contract, 
as determined under section 106(a); or 
"(E) the program, function, service, or activity (or por-
tion thereof) that is the subject of the proposal is beyond 
the scope of programs, functions, services, or activities cov-
ered under paragraph (1) because the proposal includes 
activities that cannot lawfully be carried out by the contrac-
tor."; and 
(vi) by adding at the end of the paragraph the 
following new flush material: 
"Notwithstanding any other provision of law, the Secretary may 
extend or otherwise alter the 90-day period specified in the second 
sentence of this subsection, if before the expiration of such period, 
the Secretary obtains the voluntary and express written consent 
of the tribe or tribal organization to extend or otherwise alter 
such period. The contractor shall include in the proposal of the 
contractor the standards under which the tribal organization will 
operate the contracted program, service, function, or activity, includ-
ing in the area of construction, provisions regarding the use of 
licensed and qualified architects, applicable health and safety stand-
ards, adherence to applicable Federal, State, local, or tribal building 
codes and engineering standards. The standards referred to in 
the preceding sentence shall ensure structural integrity, account-
ability of funds, adequate competition for subcontracting under 
tribal or other applicable law, the commencement, performance, 
and completion of the contract, adherence to project plans and 
specifications (including any applicable Federal construction guide-
lines and manuals), the use of proper materials and workmanship, 
necessary inspection and testing, and changes, modifications, stop 
work, and termination of the work when warranted."; and 
(B) by adding at the end the following new paragraph: 
"(4) The Secretary shall approve any severable portion of a 
contract proposal that does not support a declination 
finding 
described in paragraph (2). If the Secretary determines under such 
paragraph that a contract proposal— 
"(A) proposes in part to plan, conduct, or administer a 
program, function, service, or activity that is beyond the scope 
of programs covered under paragraph (1), or 
"(B) proposes a level of funding that is in excess of the 
applicable level determined under section 106(a), 
subject to any alteration in the scope of the proposal that the 
Secretary and the tribal organization agree to, the Secretary shall, 
as appropriate, approve such portion of the program, function, serv-
ice, or activity as is authorized under paragraph (1) or approve 
a level of funding authorized under section 106(a). If a tribal 
organization elects to carry out a severable portion of a contract 
proposal pursuant to this paragraph, subsection (b) shall only apply 
to the portion of the contract that is declined by the Secretary 
pursuant to this subsection."; 
25 use 450f. 
(7) in section 102(b)(3)— 
(A) by inserting after "record" the following: "with the 
right to engage in full discovery relevant to any issue 
raised in the matter"; and 
PUBLIC LAW 103-413—OCT. 25, 1994 
108 STAT. 4253 
(B) by inserting before the period the following: ", 
except that the tribe or tribal organization may, in lieu 
of filing such appeal, exercise the option to initiate an 
action in a Federal district court and proceed directly to 
such court pursuant to section 110(a)"; 
(8) in section 102(d), by striking "as provided in section 
25USC450f. 
2671 of title 28)" and inserting "as provided in section 2671 
of title 28, United States Code, and including an individual 
who provides health care services pursuant to a personal serv-
ices contract with a tribal organization for the provision of 
services in any facility owned, operated, or constructed under 
the jurisdiction of the Indian Health Service)"; 
(9) by adding at the end of section 102 the following new 
subsection: 
"(e)(1) With respect to any hearing or appeal conducted pursu-
ant to subsection (b)(3), the Secretary shall have the burden of 
proof to establish by clearly demonstrating the validity of the 
grounds for declining the contract proposal (or portion thereof). 
"(2) Notwithstanding any other provision of law, a decision 
by an official of the Department of the Interior or the Department 
of Health and Human Services, as appropriate (referred to in this 
paragraph as the 'Department') that constitutes final agency action 
and that relates to an appeal within the Department that is con-
ducted under subsection (b)(3) shall be made either— 
"(A) by an official of the Department who holds a position 
at a higher organizational level within the Department than 
the level of the departmental agency (such as the Indian Health 
Service or the Bureau of Indian Affairs) in which the decision 
that is the subject of the appeal was made; or 
"(B) by an administrative judge."; 
(10) by striking subsection (a) of section 105 and inserting 
25 USC 450j. 
the following new subsection: 
"(a)(1) Notwithstanding any other provision of law, subject to 
paragraph (3), the contracts and cooperative agreements entered 
into with tribal organizations pursuant to section 102 shall not 
be subject to Federal contracting or cooperative agreement laws 
(including any regulations), except to the extent that such laws 
expressly apply to Indian tribes. 
"(2) Program standards applicable to a nonconstruction self-
determination contract shall be set forth in the contract proposal 
and the final contract of the tribe or tribal organization. 
"(3)(A) With respect to a construction contract (or a subcontract 
of such a construction contract), the provisions of the Office of 
Federal Procurement Policy Act (41 U.S.C. 401 et seq.) and the 
regulations relating to acquisitions promulgated under such Act 
shall apply only to the extent that the application of such provision 
to the construction contract (or subcontract) is— 
"(i) necessary to ensure that the contract may be carried 
out in a satisfactory manner; 
"(ii) directly related to the construction activity; and 
"(iii) not inconsistent with this Act. 
"(B) A list of the Federal requirements that meet the require-
ments of clauses (i) through (iii) of subparagraph (A) shall be 
included in an attachment to the contract pursuant to negotiations 
between the Secretary and the tribal organization. 
"(C)(i) Except as provided in subparagraph (B), no Federal 
law listed in clause (ii) or any other provision of Federal law 
108 STAT. 4254 
PUBLIC LAW 103-413—OCT. 25, 1994 
(including an Executive order) relating to acquisition by the Federal 
Government shall apply to a construction contract that a tribe 
or tribal organization enters into under this Act, unless expressly 
provided in such law. 
"(ii) The laws listed in this paragraph are as follows: 
"(I) The Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 471 et seq.). 
"(II) Section 3709 of the Revised Statutes. 
"(Ill) Section 9(c) of the Act of Aug. 2, 1946 (60 Stat. 
809, chapter 744). 
"(IV) Title III of the Federal Property and Administrative 
Services Act of 1949 (63 Stat. 393 et seq., chapter 288). 
"(V) Section 13 of the Act of Oct. 3, 1944 (58 Stat. 770; 
chapter 479). 
"(VI) Chapters 21, 25, 27, 29, and 31 of title 44, United 
States Code. 
"(VII) Section 2 of the Act of June 13, 1934 (48 Stat 
948, chapter 483). 
"(VIII) Sections 1 through 12 of the Act of June 30, 1936 
(49 Stat. 2036 et seq. chapter 881). 
"(IX) The Service Control Act of 1965 (41 U.S.C. 351 et 
seq.). 
"(X) The Small Business Act (15 U.S.C. 631 et seq.). 
"(XI) Executive Order Nos. 12138, 11246, 11701 and 
11758."; 
25USC450J. 
(11) by striking subsection (e) and inserting the following 
new subsection: 
"(e) If an Indian tribe, or a tribal organization authorized 
by a tribe, requests retrocession of the appropriate Secretary for 
any contract or portion of a contract entered into pursuant to 
this Act, unless the tribe or tribal organization rescinds the request 
for retrocession, such retrocession shall become effective on— 
"(1) the earlier of— 
"(A) the date that is 1 year after the date the Indian 
tribe or tribal organization submits such request; or 
"(B) the date on which the contract expires; or 
"(2) such date as may be mutually agreed by the Secretary 
and the Indian tribe."; 
25 use 450j. 
(12) by striking paragraph (2) of section 105(f) and inserting 
the following new paragraph: 
"(2) donate to an Indian tribe or tribal organization title 
to any personal or real property found to be excess to the 
needs of the Bureau of Indian Affairs, the Indian Health Serv-
ice, or the General Services Administration, except that— 
"(A) subject to the provisions of subparagraph (B), title 
to property and equipment furnished by the Federal 
Government for use in the performance of the contract 
or purchased with funds under any self-determination con-
tract or grant agreement shall, unless otherwise requested 
by the tribe or tribal organization, vest in the appropriate 
tribe or tribal organization; 
"(B) if property described in subparagraph (A) has 
a value in excess of $5,000 at the time of the retrocession, 
rescission, or termination of the self-determination contract 
or grant agreement, at the option of the Secretary, upon 
the retrocession, rescission, or termination, title to such 
property and equipment shall revert to the Department 
PUBLIC LAW 103-413—OCT. 25, 1994 
108 STAT. 4255 
of the Interior or the Department of Health and Human 
Services, as appropriate; and 
"(C) all property referred to in subparagraph (A) shall 
remain eligible for replacement on the same basis as if 
title to such property were vested in the United States; 
and"; 
(13) by adding at the end of section 105 the following 
25USC450j. 
new subsections: 
"(i)(l) If a self-determination contract requires the Secretary 
to divide the administration of a program that has previously been 
administered for the benefit of a greater number of tribes than 
are represented by the tribal organization that is a party to the 
contract, the Secretary shall take such action as may be necessary 
to ensure that services are provided to the tribes not served by 
a self-determination contract, including program redesign in con-
sultation with the tribal organization and all affected tribes. 
"(2) Nothing in this title shall be construed to limit or reduce 
in any way the funding for any program, project, or activity serving 
a tribe under this or other applicable Federal law. Any tribe or 
tribal organization that alleges that a self-determination contract 
is in violation of this section may apply the provisions of section 
110. 
"(j) Upon providing notice to the Secretary, a tribal organization 
that carries out a nonconstruction self-determination contract may 
propose a redesign of a program, activity, function, or service carried 
out by the tribal organization under the contract, including any 
nonstatutory program standard, in such manner as to best meet 
the local geographic, demographic, economic, cultural, health, and 
institutional needs of the Indian people and tribes served under 
the contract. The Secretary shall evaluate any proposal to redesign 
any program, activity, function, or service provided under the con-
tract. With respect to declining to approve a redesigned program, 
activity, function, or service under this subsection, the Secretary 
shall apply the criteria and procedures set forth in section 102. 
"(k) For purposes of section 201(a) of the Federal Property 
and Administrative Services Act of 1949 (40 U.S.C. 481(a)) (relating 
to Federal sources of supply, including lodging providers, airlines 
and other transportation providers), a tribal organization carrying 
out a contract, grant, or cooperative agreement under this Act 
shall be deemed an executive agency when carrying out such con-
tract, grant, or agreement and the employees of the tribal organiza-
tion shall be eligible to have access to such sources of supply 
on the same basis as employees of an executive agency have such 
access. 
"(1)(1) Upon the request of an Indian tribe or tribal organization, 
the Secretary shall enter into a lease with the Indian tribe or 
tribal organization that holds title to, a leasehold interest in, or 
a trust interest in, a facility used by the Indian tribe or tribal 
organization for the administration and delivery of services under 
this Act. 
"(2) The Secretary shall compensate each Indian tribe or tribal 
organization that enters into a lease under paragraph (1) for the 
use of the facility leased for the purposes specified in such para-
graph. Such compensation may include rent, depreciation based 
on the useful life of the facility, principal and interest paid or 
accrued, operation and maintenance expenses, and such other 
108 STAT. 4256 
PUBLIC LAW 103-413—OCT. 25, 1994 
reasonable expenses that the Secretary determines, by regulation, 
to be allowable. 
"(ni)(l) Each construction contract requested, approved, or 
awarded under this Act shall be subject to— 
"(A) except as otherwise provided in this Act, the provisions 
of this Act, other than sections 102(a)(2), 106(1), 108 and 109; 
and 
"(B) section 314 of the Department of the Interior and 
Related Agencies Appropriations Act, 1991 (104 Stat. 1959). 
"(2) In providing technical assistance to tribes and tribal 
organizations in the development of construction contract proposals, 
the Secretary shall provide, not later than 30 days after receiving 
a request from a tribe or tribal organization, all information avail-
able to the Secretary regarding the construction project, including 
construction drawings, maps, engineering reports, design reports, 
plans of requirements, cost estimates, environmental assessments 
or environmental impact reports, and archaeological reports. 
"(3) Prior to finalizing a construction contract proposal pursuant 
to section 102(a), and upon request of the tribe or tribal organization 
that submits the proposal, the Secretary shall provide for a 
precontract negotiation phase in the development of a contract 
proposal. Such phase shall include, at a minimum, the following 
elements: 
"(A) The provision of technical assistance pursuant to sec-
tion 103 and paragraph (2). 
"(B) A joint scoping session between the Secretary and 
the tribe or tribal organization to review all plans, specifica-
tions, engineering reports, cost estimates, and other information 
available to the parties, for the purpose of identifying all areas 
of agreement and disagreement. 
"(C) An opportunity for the Secretary to revise the plans, 
designs, or cost estimates of the Secretary in response to con-
cerns raised, or information provided by, the tribe or tribal 
organization. 
"(D) A negotiation session during which the Secretary and 
the tribe or tribal organization shall seek to develop a mutually 
agreeable contract proposal. 
"(E) Upon the request of the tribe or tribal organization, 
the use of an alternative dispute resolution mechanism to seek 
resolution of all remaining areas of disagreement pursuant 
to the dispute resolution provisions under subchapter IV of 
chapter 5 of title 5, United States Code. 
"(F) The submission to the Secretary by the tribe or tribal 
organization of a final contract proposal pursuant to section 
102(a). 
"(4)(A) Subject to subparagraph (B), in funding a fixed-price 
construction contract pursuant to section 106(a), the Secretary shall 
provide for the following: 
"(i) The reasonable costs to the tribe or tribal organization 
for general administration incurred in connection with the 
project that is the subject of the contract. 
"(ii) The ability of the contractor that carries out the 
construction contract to make a reasonable profit, taking into 
consideration the risks associated with carrying out the contract 
and other relevant considerations. 
PUBLIC LAW 103-413—OCT. 25,1994 
108 STAT. 4257 
"(B) In establishing a contract budget for a construction project, 
the Secretary shall not be required to separately identify the compo-
nents described in clauses (i) and (ii) of subparagraph (A). 
"(C) The total amount awarded under a construction contract 
shall reflect an overall fair and reasonable price to the parties, 
including the following costs: 
"(i) The reasonable costs to the tribal organization of 
performing the contract, taking into consideration the terms 
of the contract and the requirements of this Act and any other 
applicable law. 
"(ii) The costs of preparing the contract proposal and 
supporting cost data. 
"(iii) The costs associated with auditing the general and 
administrative costs of the tribal organization associated with 
the management of the construction contract. 
"(iv) In the case of a fixed-price contract, a fair profit 
determined by taking into consideration the relevant risks and 
local market conditions. 
"(v) If the Secretary and the tribe or tribal organization 
are unable to develop a mutually agreeable construction con-
tract proposal pursuant to the procedures set forth in this 
subsection, the tribe or tribal organization may submit a final 
contract proposal to the Secretary. Not later than 30 days 
after receiving such final contract proposal, the Secretary shall 
approve the contract proposal and award the contract, unless, 
during such period the Secretary declines the proposal pursuant 
to sections 102(a)(2) and 102(b) of section 102 (including provid-
ing opportunity for an appeal pursuant to section 102(b)). 
"(n) Notwithstanding any other provision of law, the rental 
rates for housing provided to an employee by the Federal Govern-
ment in Alaska pursuant to a self-determination contract shall 
be determined on the basis of— 
"(1) the reasonable value of the quarters and facilities 
(as such terms are defined under section 5911 of title 5, United 
States Code) to such employee, and 
"(2) the circumstances under which such quarters and 
facilities are provided to such employee, 
as based on the cost of comparable private rental housing in the 
nearest established community with a year-round population of 
1,500 or more individuals."; 
(14) in section 106(a)— 
25 USC 450j-i. 
(A) in paragraph (1), by inserting before the period 
at the end the following: ", without regard to any organiza-
tional level within the Department of the Interior or the 
^
, 
Department of Health and Human Services, as appropriate, 
at which the program, function, service, or activity or por-
tion thereof, including supportive administrative functions 
that are otherwise contractable, is operated"; 
(B) in paragraph (2), by inserting after "consist of 
the following: "an amount for"; and 
(C) by striking paragraph (3) and inserting the follow-
ing new paragraphs: 
"(3)(A) The contract support costs that are eligible costs for 
the purposes of receiving funding under this Act shall include 
the costs of reimbursing each tribal contractor for reasonable and 
allowable costs of— 
108 STAT. 4258 
PUBLIC LAW 103-413—OCT. 25, 1994 
"(i) direct program expenses for the operation of the Federal 
program that is the subject of the contract, and 
"(ii) any additional administrative or other expense related 
to the overhead incurred by the tribal contractor in connection 
with the operation of the Federal program, function, service, 
or activity pursuant to the contract, 
except that such funding shall not duplicate any funding provided 
under section 106(a)(1). 
"(B) On an annual basis, during such period as a tribe or 
tribal organization operates a Federal program, function, service, 
or activity pursuant to a contract entered into under this Act, 
the tribe or tribal organization shall have the option to negotiate 
with the Secretary the amount of funds that the tribe or tribal 
organization is entitled to receive under such contract pursuant 
to this paragraph. 
"(4) For each fiscal year during which a self-determination 
contract is in effect, any savings attributable to the operation of 
a Federal program, function, service, or activity under a self-deter-
mination contract by a tribe or tribal organization (including a 
cost reimbursement construction contract) shall— 
"(A) be used to provide additional services or benefits under 
the contract; or 
"(B) be expended by the tribe or tribal organization in 
the succeeding fiscal year, as provided in section 8. 
"(5) Subject to paragraph (6), during the initial year that a 
self-determination contract is in effect, the amount required to 
be paid under paragraph (2) shall include startup costs consisting 
of the reasonable costs that have been incurred or will be incurred 
on a one-time basis pursuant to the contract necessary— 
"(A) to plan, prepare for, and assume operation of the 
program, function, service, or activity that is the subject of 
the contract; and 
"(B) to ensure compliance with the terms of the contract 
and prudent management. 
"(6) Costs incurred before the initial year that a self-determina-
tion contract is in effect may not be included in the amount required 
to be paid under paragraph (2) if the Secretary does not receive 
a written notification of the nature and extent of the costs prior 
to the date on which such costs are incurred."; 
25 use 450J-1. 
(15) in section 106(c)— 
(A) by striking "March 15" and inserting "May 15"; 
(B) in paragraphs (1) and (2), by striking "indirect 
costs" each place it appears and inserting "contract support 
costs"; 
(C) in paragraph (4), by striking "and" at the end; 
(D) in paragraph (5), by striking the period at the 
end and inserting "; and"; and 
(E) by adding at the end the following new paragraph: 
"(6) an accounting of any deficiency of funds needed to 
maintain the preexisting level of services to any tribes affected 
by contracting activities under this Act, and a statement of 
the amount of funds needed for transitional purposes to enable 
contractors to convert from a Federal fiscal year accounting 
cycle to a different accounting cycle, as authorized by section 
105(d)."; 
(16) in section 106(f), by inserting immediately after the 
second sentence the following new sentence: "For the purpose 
PUBLIC LAW 103-413—OCT. 25, 1994 
108 STAT. 4259 
of determining the 365-day period specified in this paragraph, 
an audit report shall be deemed to have been received on 
the date of actual receipt by the Secretary, if, within 60 days 
after receiving the report, the Secretary does not give notice 
of a determination by the Secretary to reject the single-agency 
report as insufficient due to noncompliance with chapter 75 
of title 31, United States Code, or noncompliance with any 
other applicable law."; 
(17) by striking subsection (g) of section 106 and inserting 
25 USC 450j-l. 
the following new subsection: 
"(g) Upon the approval of a self-determination contract, the 
Secretary shall add to the contract the full amount of funds to 
which the contractor is entitled under section 106(a), subject to 
adjustments for each subsequent year that such tribe or tribal 
organization administers a Federal program, function, service, or 
activity under such contract."; 
(18) by striking subsection (i) of section 106 and inserting 
the following new subsection: 
"(i) On an annual basis, the Secretary shall consult with, and 
solicit the participation of, Indian tribes and tribal organizations 
in the development of the budget for the Indian Health Service 
and the Bureau of Indian Affairs (including participation of Indian 
tribes and tribal organizations in formulating annual budget 
requests that the Secretary submits to the President for submission 
to Congress pursuant to section 1105 of title 31, United States 
Code)."; and 
(19) by adding at the end of section 106 the following 
new subsections: 
"(j) Notwithstanding any other provision of law, a tribal 
organization may use funds provided under a self-determination 
contract to meet matching or cost participation requirements under 
other Federal and non-Federal programs. 
"(k) Without intending any limitation, a tribal organization 
may, without the approval of the Secretary, expend funds provided 
under a self-determination contract for the following purposes, to 
the extent that the expenditure of the funds is supportive of a 
contracted program: 
"(1) Depreciation and use allowances not otherwise specifi-
cally prohibited by law, including the depreciation of facilities 
owned by the tribe or tribal organization. 
"(2) Publication and printing costs. 
"(3) Building, realty, and facilities costs, including rental 
costs or mortgage expenses. 
"(4) Automated data processing and similar equipment or 
services. 
"(5) Costs for capital assets and repairs. 
"(6) Management studies. 
"(7) Professional services, other than services provided in 
connection with judicial proceedings by or against the United 
States. 
"(8) Insurance and indemnification, including insurance 
covering the risk of loss of or damage to property used in 
connection with the contract without regard to the ownership 
of such property. 
"(9) Costs incurred to raise funds or contributions from 
non-Federal sources for the purpose of furthering the goals 
and objectives of the self-determination contract. 
79-194 O—95—25 : QL 3 Part 5 
108 STAT. 4260 
PUBLIC LAW 103-413—OCT. 25, 1994 
"(10) Interest expenses paid on capital expenditures such 
as buildings, building renovation, or acquisition or fabrication 
of capital equipment, and interest expenses on loans neces-
sitated due to delays by the Secretary in providing funds under 
a contract. 
"(11) Expenses of a governing body of a tribal organization 
that are attributable to the management or operation of pro-
grams under this Act. 
"(12) Costs associated with the management of pension 
funds, self-insurance funds, and other funds of the tribal 
organization that provide for participation by the Federal 
Government. 
"(1)(1) The Secretary may only suspend, withhold, or delay 
the pa5mient of funds for a period of 30 days beginning on the 
date the Secretary makes a determination under this paragraph 
to a tribal organization under a self-determination contract, if the 
Secretary determines that the tribal organization has failed to 
substantially carry out the contract without good cause. In any 
such case, the Secretary shall provide the tribal organization with 
reasonable advance written notice, technical assistance (subject to 
available resources) to assist the tribal organization, a hearing 
on the record not later than 10 days after the date of such deter-
mination or such later date as the tribal organization shall approve, 
and promptly release any funds withheld upon subsequent compli-
ance. 
"(2) With respect to any hearing or appeal conducted pursuant 
to this subsection, the Secretary shall have the burden of proof 
to establish by clearly demonstrating the validity of the grounds 
for suspending, withholding, or delaying payment of funds. 
"(m) The program income earned by a tribal organization in 
the course of carrying out a self-determination contract— 
"(1) shall be used by the tribal organization to further 
the general purposes of the contract; and 
"(2) shall not be a basis for reducing the amount of funds 
otherwise obligated to the contract. 
"(n) To the extent that programs, functions, services, or activi-
ties carried out by tribal organizations pursuant to contracts entered 
into under this Act reduce the administrative or other responsibil-
ities 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 contract funds determined under subsection (a), 
the Secretary shall make such savings available for the provision 
of additional services to program beneficiaries, either directly or 
through contractors, in a manner equitable to both direct and 
contracted programs. 
"(o) Notwithstanding any other provision of law (including any 
regulation), a tribal organization that carries out a self-determina-
tion contract may, with respect to allocations within the approved 
budget of the contract, rebudget to meet contract requirements, 
if such rebudgeting would not have an adverse effect on the perform-
ance of the contract.". 
SEC. 103. CONTRACT SPECIFICATIONS. 
The Indian Self-Determination Education Assistance Act (25 
U.S.C. 450 et seq.) is amended by inserting after section 107 the 
following new section: 
PUBLIC LAW 103-413—OCT. 25, 1994 
108 STAT. 4261 
"SEC. 108. CONTRACT OR GRANT SPECIFICATIONS. 
25 USC 450/. 
"(a) Each self-determination contract entered into under this 
Act shall— 
"(1) contain, or incorporate by reference, the provisions 
of the model agreement described in subsection (c) (with modi-
fications where indicated and the blanks appropriately filled 
in), and 
"(2) contain such other provisions as are agreed to by 
the parties. 
"(b) Notwithstanding any other provision of law, the Secretary 
may make payments pursuant to section 1(b)(6) of such model 
agreement. As provided in section 1(b)(7) of the model agreement, 
the records of the tribal government or tribal organization specified 
in such section shall not be considered Federal records for purposes 
of chapter 5 of title 5, United States Code. 
"(c) The model agreement referred to in subsection (a)(1) reads 
as follows: 
"•SECTION 1. AGREEMENT BETWEEN THE SECRETARY AND THE 
TRIBAL GOVERNMENT. 
" '(a) AUTHORITY AND PURPOSE.— 
"XD AUTHORITY.—This agreement, denoted a Self-Deter-
mination Contract (referred to in this agreement as the "Con-
tract"), is entered into by the Secretary of the Interior or 
the Secretary of Health and Human Services (referred to in 
this agreement as the "Secretary"), for and on behalf of the 
United States pursuant to title I of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450 et seq.) 
and by the authority of the 
tribal government or tribal 
organization (referred to in this agreement as the "Contractor"). 
The provisions of title I of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.) are incor-
porated in this agreement. 
"'(2) PURPOSE.—Each provision of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 450 et seq.) 
and each provision of this Contract shall be liberally construed 
for the benefit of the Contractor to transfer the funding and 
the following related functions, services, activities, and pro-
grams (or portions thereof), that are otherwise contractable 
under section 102(a) of such Act, including all related adminis-
trative functions, from the Federal Government to the Contrac-
tor: (List functions, services, activities, and programs). 
"'(b) TERMS, PROVISIONS, AND CONDITIONS.— 
"XD TERM.—Pursuant to section 105(c)(1) of the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 
450j(c)(l)), the term of this contract shall be 
years. Pursu-
ant to section 105(d)(1) of such Act (25 U.S.C. 450j(d)), upon 
the election by the Contractor, the period of this Contract 
shall be determined on the basis of a calendar year, unless 
the Secretary and the Contractor agree on a different period 
in the annual funding agreement incorporated by reference 
in subsection (f)(2). 
"'(2) EFFECTIVE DATE.—This Contract shall become effec-
tive upon the date of the approval and execution by the Contrac-
tor and the Secretary, unless the Contractor and the Secretary 
agree on an effective date other than the date specified in 
this paragraph. 
108 STAT. 4262 
PUBLIC LAW 103-413—OCT. 25, 1994 
"'(3) 
PROGRAM 
STANDARD.—The Contractor agrees to 
administer the program, services, functions and activities (or 
portions thereof) Usted in subsection (a)(2) of the Contract 
in conformity with the following standards: (list standards). 
"'(4) FUNDING AMOUNT.—Subject to the availability of 
appropriations, the Secretary shall make available to the Con-
tractor the total amount specified in the annual funding agree-
ment incorporated by reference in subsection (f)(2). Such 
amount shall not be less than the applicable amount determined 
pursuant to section 106(a) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450J-1). 
"'(5) LIMITATION OF COSTS.—The Contractor shall not be 
obligated to continue performance that requires an expenditure 
of funds in excess of the amount of funds awarded under 
this Contract. If, at any time, the Contractor has reason to 
believe that the total amount required for performance of this 
Contract or a specific activity conducted under this Contract 
would be greater than the amount of funds awarded under 
this Contract, the Contractor shall provide reasonable notice 
to the appropriate Secretary. If the appropriate Secretary does 
not take such action as may be necessary to increase the 
amount of funds awarded under this Contract, the Contractor 
may suspend performance of the Contract until such time as 
additional funds are awarded. 
"'(6) PAYMENT.— 
"'(A) IN GENERAL.—Payments to the Contractor under 
this Contract shall— 
"*(i) be made as expeditiously as practicable; and 
" *(ii) include financial arrangements to cover fund-
ing during periods covered by joint resolutions adopted 
by Congress making continuing appropriations, to the 
extent permitted by such resolutions. 
"'(B) QUARTERLY, SEMIANNUAL, LUMP-SUM, AND OTHER 
METHODS OF PAYMENT.— 
"'(i) IN GENERAL.—-Pursuant to section 108(b) of 
the Indian Self-Determination and Education Assist-
ance Act, and notwithstanding any other provision of 
law, for each fiscal year covered by this Contract, the 
Secretary shall make available to the Contractor the 
funds specified for the fiscal year under the annual 
funding agreement incorporated by reference pursuant 
to subsection (f)(2) by paying to the Contractor, on 
a quarterly basis, one-quarter of the total amount pro-
vided for in the annual funding agreement for that 
fiscal year, in a lump-sum payment or as semiannual 
payments, or any other method of pa3anent authorized 
by law, in accordance with such method as may be 
requested by the Contractor and specified in the annual 
funding agreement. 
"'(ii) METHOD OF QUARTERLY PAYMENT.—If quar-
terly payments are specified in the annual funding 
agreement incorporated by reference pursuant to sub-
section (f)(2), each quarterly payment made pursuant 
to clause (i) shall be made on the first day of each 
quarter of the fiscal year, except that in any case 
in which the Contract year coincides with the Federal 
fiscal year, payment for the first quarter shall be made 
"t*''sife 1-' 
PUBLIC LAW 103-413—OCT. 25, 1994 
108 STAT. 4263 
not later than the date that is 10 calendar days after 
the date on which the Office of Management and 
Budget apportions the appropriations for the fiscal year 
for the programs, services, functions, and activities 
subject to this Contract. 
"'(iii) APPLICABILITY.—Chapter 39 of title 31, 
United States Code, shall apply to the payment of 
funds due under this Contract and the annual funding 
agreement referred to in clause (i). 
" '(7) RECORDS AND MONITORING.— 
" '(A) IN GENERAL.—Except for previously provided cop-
ies of tribal records that the Secretary demonstrates are 
clearly required to be maintained as part of the record-
keeping system of the Department of the Interior or the 
Department of Health and Human Services (or both), 
records of the Contractor shall not be considered Federal 
records for purposes of chapter 5 of title 5, United States 
Code. 
"'(B) RECORDKEEPING SYSTEM.—^The Contractor shall 
maintain a recordkeeping system and, upon reasonable 
advance request, provide reasonable access to such records 
to the Secretary. 
"'(C) RESPONSIBILITIES OF CONTRACTOR.—The Contrac-
tor shall be responsible for managing the day-to-day oper-
ations conducted under this Contract and for monitoring 
activities conducted under this Contract to ensure compli-
ance with the Contract and applicable Federal require-
ments. With respect to the monitoring activities of the 
Secretary, the routine monitoring visits shall be limited 
to not more than one performance monitoring visit for 
this Contract by the head of each operating division, depart-
mental bureau, or departmental agency, or duly authorized 
representative of such head unless— 
"'(i) the Contractor agrees to one or more addi-
tional visits; or 
"'(ii) the appropriate official determines that there 
is reasonable cause to believe that grounds for 
reassumption of the Contract, suspension of Contract 
payments, or other serious Contract performance defi-
ciency may exist. 
No additional visit referred to in clause (ii) shall be made 
until such time as reasonable advance notice that includes 
a description of the nature of the prdslem that requires 
the additional visit has been given to the Contractor. 
"'(8) PROPERTY.— 
'"(A) IN GENERAL.—^As provided in section 105(f) of 
the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 45Cj(f)), at the request of the Contractor, 
the Secretary may make available, or transfer to the Con-
tractor, all reasonably divisible real property, facilities, 
equipment, and personal property that the Secretary has 
used to provide or administer the programs, services, func-
tions, and activities covered by this Contract. A mutually 
agreed upon list specifying the property, facilities, and 
equipment so furnished shall also be prepared by the Sec-
retary, with the concurrence of the Contractor, and periodi-
108 STAT. 4264 
PUBLIC LAW 103-413—OCT. 25, 1994 
cally revised by the Secretary, with the concurrence of 
the Contractor. 
[•• 
"XB) RECORDS.^The Contractor shall maintain a 
record of all property referred to in subparagraph (A) or 
other property acquired by the Contractor under section 
105(f)(2)(A) of such Act for purposes of replacement. 
"XO JOINT USE AGREEMENTS.—Upon the request of 
the Contractor, the Secretary and the Contractor shall 
enter into a separate joint use agreement to address the 
shared use by the parties of real or personal property 
that is not reasonably divisible. 
"'(D) ACQUISITION OF PROPERTY.—The Contractor is 
granted the authority to acquire such excess property as 
the Contractor may determine to be appropriate in the 
judgment of the Contractor to support the programs, serv-
ices, functions, and activities operated pursuant to this 
Contract. 
"'(E) CONFISCATED OR EXCESS PROPERTY.—The Sec-
retary shall assist the Contractor in obtaining such con-
fiscated or excess property as may become available to 
tribes, tribal organizations, or local governments. 
'"(F) 
SCREENER 
IDENTIFICATION CARD.—A screener 
identification card (General Services Administration form 
numbered 2946) shall be issued to the Contractor not later 
than the effective date of this Contract. The designated 
official shall, upon request, assist the Contractor in secur-
ing the use of the card. 
" '(G) CAPITAL EQUIPMENT.—The Contractor shall deter-
mine the capital equipment, leases, rentals, property, or 
services the Contractor requires to perform the obligations 
of the Contractor under this subsection, and shall acquire 
and maintain records of such capital equipment, property 
rentals, leases, property, or services through applicable 
procurement procedures of the Contractor. 
"'(9) AVAILABILITY OF FUNDS.—Notwithstanding any other 
provision of law, any funds provided under this Contract— 
" '(A) shall remain available until expended; and 
" '(B) with respect to such funds, no further— 
" '(i) approval by the Secretary, or 
" '(ii) justifying documentation from the Contractor, 
shall be required prior to the expenditure of such funds. 
"'(10) TRANSPORTATION.—Beginning on the effective date 
of this Contract, the Secretary shall authorize the Contractor 
to obtain interagency motor pool vehicles and related services 
for performance of any activities carried out under this 
Contract. 
"'(11) FEDERAL PROGRAM GUIDELINES, MANUALS, OR POLICY 
DIRECTIVES.—Except as specifically provided in the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 
et seq.) the Contractor is not required to abide by program 
guidelines, manuals, or policy directives of the Secretary, unless 
otherwise agreed to by the Contractor and the Secretary, or 
otherwise required by law. 
"'(12) DISPUTES.— 
'"(A) THIRD-PARTY MEDIATION DEFINED.—For the pur-
poses of this Contract, the term "third-party mediation" 
means a form of mediation whereby the Secretary and 
• ''-'W 
PUBLIC LAW 103-413—OCT. 25, 1994 
108 STAT. 4265 
the Contractor nominate a third party who is not employed 
by or significantly involved with the Secretary of the 
Interior, the Secretary of Health and Human Services, 
or the Contractor, to serve as a third-party mediator to 
mediate disputes under this Contract. 
"'(B) ALTERNATIVE PROCEDURES.—In addition to, or as 
an alternative to, remedies and procedures prescribed by 
section 110 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450m-l), the parties to this 
Contract may jointly— 
"'(i) submit disputes under this Contract to third-
party mediation; 
"'(ii) submit the dispute to the adjudicatory body 
of the Contractor, including the tribal court of the 
Contractor; 
"'(iii) submit the dispute to mediation processes 
provided for under the laws, policies, or procedures 
of the Contractor; or 
"*(iv) use the administrative dispute resolution 
processes authorized in subchapter IV of chapter 5 
of title 5, United States Code. 
"'(C) EFFECT OF DECISIONS.—The Secretary shall be 
bound by decisions made pursuant to the processes set 
forth in subparagraph (B), except that the Secretary shall 
not be bound by any decision that significantly conflicts 
with the interests of Indians or the United States. 
"'(13) ADMINISTRATIVE 
PROCEDURES OF CONTRACTOR.— 
Pursuant to the Indian Civil Rights Act of 1968 (25 U.S.C. 
1301 et seq.), the laws, policies, and procedures of the Contrac-
tor shall provide for administrative due process (or the equiva-
lent of administrative due process) with respect to programs, 
services, functions, and activities that are provided by the Con-
tractor pursuant to this Contract. 
"'(14) SUCCESSOR ANNUAL FUNDING AGREEMENT.— 
" '(A) IN GENERAL.—Negotiations for a successor annual 
funding agreement, provided for in subsection (f)(2), shall 
begin not later than 120 days prior to the conclusion of 
the preceding annual funding agreement. Except as pro-
vided in section 105(c)(2) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450j(c)(2)) the 
funding for each such successor annual funding agreement 
shall only be reduced pursuant to section 106(b) of such 
Act (25 U.S.C. 450j-l(b)). 
" '(B) INFORMATION.—The Secretary shall prepare and 
supply relevant information, and promptly comply with 
any request by the Contractor for information that the 
Contractor reasonably needs to determine the amount of 
funds that may be available for a successor annual funding 
agreement, as provided for in subsection (f)(2) of this 
Contract. 
"'(15) 
CONTRACT 
REQUIREMENTS; 
APPROVAL 
BY 
SEC-
RETARY.— 
"'(A) IN GENERAL.—Except as provided in subpara-
graph (B), for the term of the Contract, section 2103 of 
the Revised Statutes (25 U.S.C. 81) and section 16 of the 
Act of June 18, 1934 (48 Stat. 987, chapter 576; 25 U.S.C. 
108 STAT. 4266 
PUBLIC LAW 103-413—OCT. 25, 1994 
476), shall not apply to any contract entered into in connec-
tion with this Contract. 
"'(B) REQUIREMENTS.—Each Contract entered into by 
the Contractor with a third party in connection with 
performing the obligations of the Contractor under this 
Contract shall— 
" *(i) be in writing; 
" Xii) identify the interested parties, the authorities 
of such parties, and purposes of the Contract; 
"'(iii) state the work to be performed under the 
Contract; and 
"'(iv) state the process for making any claim, the 
payments to be made, and the terms of the Contract, 
which shall be fixed. 
" '(c) OBLIGATION OF THE CONTRACTOR.— 
"'(1) CONTRACT PERFORMANCE.—Except as provided in sub-
section (d)(2), the Contractor shall perform the programs, serv-
ices, functions, and activities as provided in the annual funding 
agreement under subsection (f)(2) of this Contract. 
"'(2) AMOUNT OF FUNDS.—The total amount of funds to 
be paid under this Contract pursuant to section 106(a) shall 
be determined in an annual funding agreement entered into 
between the Secretary and the Contractor, which shall be incor-
porated into this Contract. 
"'(3) CONTRACTED PROGRAMS.—Subject to the availability 
of appropriated funds, the Contractor shall administer the pro-
grams, services, functions, and activities identified in this Con-
tract and funded through the annual funding agreement under 
subsection (f)(2). 
" '(4) TRUST SERVICES FOR INDIVIDUAL INDIANS.— 
" '(A) IN GENERAL.—To the extent that the annual fund-
ing agreement provides funding for the delivery of trust 
services to individual Indians that have been provided by 
the Secretary, the Contractor shall maintain at least the 
same level of service as the Secretary provided for such 
individual Indians, subject to the availability of appro-
priated funds for such services. 
" '(B) TRUST SERVICES TO INDIVIDUAL INDIANS.—For the 
purposes of this paragraph only, the term "trust services 
for individual Indians" means only those services that per-
tain to land or financial management connected to individ-
ually held allotments. 
"'(5) FAIR AND UNIFORM SERVICES.—^The Contractor shall 
provide services under this Contract in a fair and uniform 
manner and shall provide access to an administrative or judicial 
body empowered to adjudicate or otherwise resolve complaints, 
claims, and grievances brought by program beneficiaries against 
the Contractor arising out of the performance of the Contract. 
" '(d) OBLIGATION OF THE UNITED STATES.— 
"'(1) TRUST RESPONSIBILITY.— 
"'(A) IN GENERAL.—The United States reaffirms the 
trust responsibility of the United States to the 
Indian 
tribe(s) to protect and conserve the trust resources of the 
Indian tribe(s) and the trust resources of individual 
Indians. 
'"(B) CONSTRUCTION OF CONTRACT.—Nothing in this 
Contract may be construed to terminate, waive, modify. 
PUBLIC LAW 103-413—OCT. 25, 1994 
108 STAT. 4267 
or reduce the trust responsibility of the United States 
to the tribe(s) or individual Indians. The Secretary shall 
act in good faith in upholding such trust responsibility. 
"'(2) GOOD FAITH.—TO the extent that health programs 
are included in this Contract, and within available funds, the 
Secretary shall act in good faith in cooperating with the Con-
tractor to achieve the goals set forth in the Indian Health 
Care Improvement Act (25 U.S.C. 1601 et seq.). 
"'(3) PROGRAMS RETAINED.—AS specified in the annual 
funding agreement, the United States hereby retains the pro-
grams, services, functions, and activities with respect to the 
tribe(s) that are not specifically assumed by the Contractor 
in the annual funding agreement under subsection (f)(2). 
" '(e) OTHER PROVISIONS.— 
"'(1) DESIGNATED OFFICIALS.—Not later than the effective 
date of this Contract, the United States shall provide to the 
Contractor, and the Contractor shall provide to the United 
States, a written designation of a senior official to serve as 
a representative for notices, proposed amendments to the Con-
tract, and other purposes for this Contract. 
" X2) CONTRACT MODIFICATIONS OR AMENDMENT.— 
"'(A) IN GENERAL.—Except as provided in subpara-
graph (B), no modification to this Contract shall take effect 
unless such modification is made in the form of a written 
amendment to the Contract, and the Contractor and the 
Secretary provide written consent for the modification. 
" *(B) EXCEPTION.—The addition of supplemental funds 
for programs, functions, and activities (or portions thereof) 
already included in the annual funding agreement under 
subsection (f)(2), and the reduction of funds pursuant to 
section 106(b)(2), shall not be subject to subparagraph (A). 
"'(3) OFFICIALS NOT TO BENEFIT.—No Member of Congress, 
or resident commissioner, shall be admitted to any share or 
part of any contract executed pursuant to this Contract, or 
to any benefit that may arise from such contract. This para-
graph may not be construed to apply to any contract with 
a third party entered into under this Contract if such contract 
is made with a corporation for the general benefit of the cor-
poration. 
"'(4) COVENANT AGAINST CONTINGENT FEES.—The parties 
warrant that no person or selling agency has been employed 
or retained to solicit or secure any contract executed pursuant 
to this Contract upon an agreement or understanding for a 
commission, percentage, brokerage, or contingent fee, excepting 
bona fide employees or bona fide established commercial or 
selling agencies maintained by the Contractor for the purpose 
of securing business. 
" '(f) ATTACHMENTS.— 
"'(1) APPROVAL OF CONTRACT.—Unless previously furnished 
to the Secretary, the resolution of the 
Indian tribe(s) 
authorizing the contracting of the programs, services, functions, 
and activities identified in this Contract is attached to this 
Contract as attachment 1. 
" '(2) ANNUAL FUNDING AGREEMENT.— 
"'(A) IN GENERAL.—The annual funding agreement 
under this Contract shall only contain— . 
108 STAT. 4268 
PUBLIC LAW 103-413—OCT. 25, 1994 
"'(i) terms that identify the programs, services, 
functions, and activities to be performed or adminis-
tered, the general budget category assigned, the funds 
to be provided, and the time and method of payment; 
and 
"'(ii) such other provisions, including a brief 
description of the programs, services, functions, and 
activities to be performed (including those supported 
by financial resources other than those provided by 
the Secretary), to which the parties agree. 
"'(B) 
INCORPORATION 
BY REFERENCE.—The annual 
funding agreement is hereby incorporated in its entirety 
in this Contract and attached to this Contract as attach-
ment 2.'". 
SEC. 104. ADDITIONAL AMENDMENTS. 
The Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450 et seq.), as amended by sections 102 and 103, 
is further amended— 
25 use 450m. 
(1) in section 109— 
(A) by inserting after "pursuant to such contract or 
grant agreement," the following "or in the management 
of trust fund, trust lands or interests in such lands pursu-
ant to such contract or gremt agreement,"; 
(B) by striking "action as prescribed by him" and all 
that follows through "in such cases, he" and inserting the 
following: "action as prescribed by the Secretary to remedy 
the contract deficiency, except that the appropriate Sec-
retary may, upon written notice to a tribal organization, 
and the tribe served by the tribal organization, immediately 
rescind a contract or grant, in whole or in part, and resume 
control or operation of a program, activity, function, or 
service, if the Secretary finds that (i) there is an immediate 
threat of imminent harm to the safety of any person, or 
imminent substantial and irreparable harm to trust funds, 
trust lands, or interests in such lands, and (ii) such threat 
arises from the failure of the contractor to fulfill the 
requirements of the contract. In such cases, the Secretary"; 
(C) by inserting after "rescind such contract or grant 
agreement" the following: ", in whole or in part,"; 
(D) by striking the second period after "the tribal 
organization may approve"; and 
(E) by inserting before the last sentence, the following 
new sentence: "In any hearing or appeal provided for under 
this section, the Secretary shall have the burden of proof 
to establish, by clearly demonstrating the validity of the 
grounds for rescinding, assuming, or reassuming the con-
tract that is the subject of the hearing."; 
25 use 450m-l. 
(2) in section 110(a), by inserting immediately before the 
period at the end the following: "(including immediate injunc-
tive relief to reverse a declination finding under section 
102(a)(2) or to compel the Secretary to award and fund an 
approved self-determination contract)"; and 
(3) in section 110(d), by inserting immediately before the 
period at the end the following: ", except that all administrative 
appeals relating to such contracts shall be heard by the Interior 
PUBLIC LAW 103-413—OCT. 25, 1994 
108 STAT. 4269 
Board of Contract Appeals established pursuant to section 8 
ofsuchAct(41U.S.C. 607)". 
,.,.^ 
, 
SEC. 105. REGULATIONS. 
The Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450 et seq.), as amended by sections 2 through 4, is 
further amended— 
(1) by striking subsections (a) and (b) of section 107 and 25USC450k. 
inserting the following new subsections: 
"(a)(1) Except as may be specifically authorized in this sub-
section, or in any other provision of this Act, the Secretary of 
the Interior and the Secretary of Health and Human Services 
may not promulgate any regulation, nor impose any nonregulatory 
requirement, 
relating to self-determination 
contracts or 
the 
approval, award, or declination of such contracts, except that the 
Secretary of the Interior and the Secretary of Health and Human 
Services may promulgate regulations under this Act relating to 
chapter 171 of title 28, United States Code, commonly known as 
the 'Federal Tort Claims Act', the Contract Disputes Act of 1978 
(41 U.S.C. 601 et seq.), declination and waiver procedures, appeal 
procedures, reassumption procedures, discretionary grant proce-
dures for grants awarded under section 103, property donation 
procedures arising under section 105(f), internal agency procedures 
relating to the implementation of this Act, retrocession and tribal 
organization relinquishment procedures, contract proposal contents, 
conflicts of interest, construction, programmatic reports and data 
requirements, procurement standards, property management stand-
ards, and financial management standards. 
"(2)(A) The regulations promulgated under this Act, including 
the regulations referred to in this subsection, shall be promul-
gated— 
"(i) in conformance with sections 552 and 553 of title 5, 
United States Code and subsections (c), (d), and (e) of this 
section; and 
"(ii) as a single set of regulations in title 25 of the Code 
of Federal Regulations. 
"(B) The authority to promulgate regulations set forth in this 
Act shall expire if final regulations are not promulgated within 
18 months after the date of enactment of the Indian Self-Determina-
tion Contract Reform Act of 1994. 
"(b) The provisions of this Act shall supersede any conflicting 
provisions of law (including any conflicting regulations) in effect 
on the day before the date of enactment of the Indian Self-Deter-
mination Contract Reform Act of 1994, and the Secretary is author-
ized to repeal any regulation inconsistent with the provisions of 
this Act."; and 
(2) by adding at the end of section 107, the following 
new subsections: 
"(d)(1) In drafting and promulgating regulations as provided 
in subsection (a) (including drafting and promulgating any revised 
regulations), the Secretary of the Interior and the Secretary of 
Health and Human Services shall confer with, and allow for active 
participation by, representatives of Indian tribes, tribal organiza-
tions, and individual tribal members. 
"(2)(A) In carrying out rulemaking processes under this Act, 
the Secretary of the Interior and the Secretary of Health and 
Human Services shall follow the guidance o
f
— 
108 STAT. 4270 
PUBLIC LAW 103-413—OCT. 25, 1994 
Federal 
Register, 
publication. 
"(i) subchapter III of chapter 5 of title 5, United States 
Code, commonly known as the 'Negotiated Rulemaking Act 
of 1990'; and 
"(ii) the recommendations of the Administrative Conference 
of the United States numbered 82-4 and 85-5 entitled 'Proce-
dures for Negotiating Proposed Regulations' under sections 
305.82-4 and 305.85-5 of title 1, Code of Federal Regulations, 
and any successor recommendation or law (including any 
successor regulation). 
"(B) The tribal participants in the negotiation process referred 
to in subparagraph (A) shall be nominated by and shall represent 
the groups described in this paragraph and shall include tribal 
representatives from all geographic regions. 
"(C) The negotiations referred to in subparagraph (B) shall 
be conducted in a timely manner. Proposed regulations to imple-
ment the amendments made by the Indian Self-Determination Con-
tract Reform Act of 1994 shall be published in the Federal Register 
by the Secretary of the Interior and the Secretary of Health and 
Human Services not later than 180 days after the date of enactment 
of such Act. 
"(D) Notwithstanding any other provision of law (including 
any regulation), the Secretary of the Interior and the Secretary 
of Health and Human Services are authorized to jointly establish 
and fund such interagency committees or other interagency bodies, 
including advisory bodies comprised of tribal representatives, as 
may be necessary or appropriate to carry out the provisions of 
this Act. 
"(E) If the Secretary determines that an extension of the dead-
lines under subsection (a)(2)(B) and subparagraph (C) of this para-
graph is appropriate, the Secretary may submit proposed legislation 
to Congress for the extension of such deadlines. 
"(e) The Secretary may, with respect to a contract entered 
into under this Act, make exceptions in the regulations promulgated 
to carry out this Act, or waive such regulations, if the Secretary 
finds that such exception or waiver is in the best interest of the 
Indians served by the contract or is consistent with the policies 
of this Act, and is not contrary to statutory law. In reviewing 
each request, the Secretary shall follow the timeline, findings, 
assistance, hearing, and appeal procedures set forth in section 
102.". 
SEC. 106. CONFORMING AMENDMENTS. 
Section 105(h) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450j(h)) is amended by striking "and 
the rules and regulations adopted by the Secretaries of the Interior 
and Health and Human Services pursuant to section 107 of this 
Act". 
Tribal Self-
Grovernance Act 
of 1994. 
25 u s e 450 
note. 
25 u s e 458aa 
note. 
TITLE II—SELF-GOVERNANCE 
SEC. 201. SHORT TITLE. 
This title may be cited as the 
of 1994". 
SEC. 202. FINDINGS. 
Congress finds that— 
'Tribal Self-Governance Act 
PUBLIC LAW 103-413—OCT. 25, 1994 
108 STAT. 4271 
(1) the tribal right of self-government flows from the inher-
ent sovereignty of Indian tribes and nations; 
(2) the United States recognizes a special govemment-
to-government relationship with Indian tribes, including the 
right of the tribes to self-governance, as reflected in the Con-
stitution, treaties, Federal statutes, and the course of dealings 
of the United States with Indian tribes; 
(3) although progress has been made, the Federal bureauc-
racy, with its centralized rules and regulations, has eroded 
tribal self-governance and dominates tribal affairs; 
(4) the Tribal Self-Governance Demonstration Project was 
designed to improve and perpetuate the govemment-to-govern-
ment relationship between Indian tribes and the United States 
and to strengthen tribal control over Federal funding and pro-
gram management; and 
(5) Congress has reviewed the results of the Tribal Self-
Governance Demonstration Project and finds that— 
(A) transferring control to tribal governments, upon 
tribal request, over funding and decisionmaking for Federal 
programs, services, functions, and activities, or portions 
thereof, is an effective way to implement the Federal policy 
of government-to-govemment relations with Indian tribes; 
and 
(B) transferring control to tribal governments, upon 
tribal request, over funding and decisionmaking for Federal 
programs, services, functions, and activities strengthens 
the Federal policy of Indian self-determination. 
SEC. 203. DECLARATION OF POLICY. 
25 USC 458aa 
It is the policy of this title to permanently establish and imple-
ment tribal self-governance— 
(1) to enable the United States to maintain and improve 
its unique and continuing relationship with, and responsibility 
to, Indian tribes; 
(2) to permit each Indian tribe to choose the extent of 
the participation of such tribe in self-governance; 
(3) to coexist with the provisions of the Indian Self-Deter-
mination Act relating to the provision of Indian services by 
designated Federal agencies; 
(4) to ensure the continuation of the trust responsibility 
of the United States to Indian tribes and Indian individuals; r 
(5) to permit an orderly transition from Federal domination 
of programs and services to provide Indian tribes with meaning-
ful authority to plan, conduct, redesign, and administer pro-
grams, services, functions, and activities that meet the needs 
of the individual tribal communities; and 
(6) to provide for an orderly transition through a planned 
and measurable parallel reduction in the Federal bureaucracy. 
SEC. 204. TRIBAL SELF-GOVERNANCE. 
The Indian Self-Determination and Education Assistance Act 
is amended by adding at the end the following new title: 
108 STAT. 4272 
PUBLIC LAW 103-413—OCT. 25, 1994 
"TITLE IV—TRIBAL SELF-GOVERNANCE 
25 u s e 458aa. 
"SEC. 401. ESTABLISHMENT. 
"The Secretary of the Interior (hereinafter in this title referred 
to as the 'Secretary') shall establish and carry out a program within 
the Department of the Interior to be known as Tribal Self-Govern-
ance (hereinafter in this title referred to as 'Self-Governance') in 
accordance with this title. 
25 use 458bb. 
"SEC. 402. SELECTION OF PARTICIPATING INDIAN TRIBES. 
"(a) CONTINUING PARTICIPATION.—^Each Indian tribe that is 
participating in the Tribal Self-Governance Demonstration Project 
at the Department of the Interior under title III on the date of 
enactment of this title shall thereafter participate in Self-Govern-
ance under this title and cease participation in the Tribal Self-
Governance Demonstration Project under title III with respect to 
the Department of the Interior. 
"(b) ADDITIONAL PARTICIPANTS.—(1) In addition to those Indian 
tribes participating in Self-Governance under subsection (a), the 
Secretary, acting through the Director of the Office of Self-Govern-
ance, may select up to 20 new tribes per year from the applicant 
pool described in subsection (c) to participate in Self-Governance. 
"(2) If each 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 as a consortium. 
"(c) APPLICANT POOL.—The qualified appUcant pool for Self-
Governance shall consist of each tribe that— 
"(1) successfully completes the planning phase described 
in subsection (d); 
"(2) has requested participation in Self-Governance by reso-
lution or other official action by the tribal governing body; 
and 
"(3) has demonstrated, for the previous three fiscal years, 
financial stability and financial management capability as evi-
denced by the tribe having no material audit exceptions in 
the required annual audit of the self-determination contracts 
of the tribe. 
"(d) PLANNING PHASE.—Each Indian tribe seeking to begin 
participation in Self-Governance shall complete a planning phase 
in accordance with this subsection. The tribe shall be eligible for 
a grant to plan and negotiate participation in Self-Governance. 
The planning phase shall include— 
"(1) legal and budgetary Research; and 
"(2) internal tribal government planning and organizational 
preparation. 
25USC458CC. 
"SEC. 403. FUNDING AGREEMENTS. 
"(a) AUTHORIZATION.—^The Secretary shall negotiate and enter 
into an annual written funding agreement with the governing body 
of each participating tribal government in a manner consistent 
with the Federal Government's laws and trust relationship to and 
responsibility for the Indian people. 
"(b) CONTENTS.—^Each funding agreement shall— 
"(1) authorize the tribe to plan, conduct, consolidate, and 
administer programs, services, functions, and activities, or por-
tions thereof, administered by the Department of the Interior 
through the Bureau of Indian Affairs, without regard to the 
PUBLIC LAW 103-413—OCT. 25, 1994 
108 STAT. 4273 
agency or office of the Bureau of Indian Affairs within which 
the program, service, function, and activity, or portion thereof, 
is performed, including funding for agency, area, and central 
office functions in accordance with subsection (g)(3), and includ-
ing any program, service, function, and activity, or portion 
thereof, administered under the authority of— 
"(A) the Act of April 16, 1934 (25 U.S.C. 452 et seq.); 
"(B) the Act of November 2, 1921 (25 U.S.C. 13); and 
"(C) programs, services, functions, and activities or 
portions thereof administered by the Secretary of the 
Interior that are otherwise available to Indian tribes or 
Indians for which appropriations are made to agencies 
other than the Department of the Interior; 
"(2) subject to such terms as may be negotiated, authorize 
the tribe to plan, conduct, consolidate, and administer pro-
grams, services, functions, and activities, or portions thereof, 
administered by the Department of the Interior, other than 
through the Bureau of Indian Affairs, that are otherwise avail-
able to Indian tribes or Indians, as identified in section 405(c), 
except that nothing in this subsection may be construed to 
provide any tribe with a preference with respect to the oppor-
tunity of the tribe to administer programs, services, functions, 
and activities, or portions thereof, unless such preference is 
otherwise provided for by law; 
"(3) subject to the terms of the agreement, authorize the 
tribe to redesign or consolidate programs, services, functions, 
and activities, or portions thereof, and reallocate funds for 
such programs, services, functions, and activities, or portions 
thereof, except that, with respect to the reallocation, consolida-
tion, and redesign of programs described in paragraph (2), 
a joint agreement between the Secretary and the tribe shall 
be required; 
"(4) prohibit the inclusion of funds provided— 
"(A) pursuant to the Tribally Controlled Community 
College Assistance Act of 1978 (25 U.S.C. 1801 et seq.); 
"(B) for elementary and secondary schools under the 
formula developed pursuant to section 1128 of the Edu-
cation Amendments of 1978 (25 U.S.C. 2008); and 
"(C) the Flathead Agency Irrigation Division or the 
Flathead Agency Power Division, except that nothing in 
this section shall affect the contract authority of such divi-
sions under section 102; 
"(5) specify the services to be provided, the functions to 
be performed, and the responsibilities of the tribe and the 
Secretary pursuant to the agreement; 
"(6) authorize the tribe and the Secretary to reallocate 
funds or modify budget allocations within any year, and specify 
the procedures to be used; 
"(7) allow for retrocession of programs or portions of pro-
grams pursuant to section 105(e); 
"(8) provide that, for the year for which, and to the extent 
to which, funding is provided to a tribe under this section, 
the tribe— 
"(A) shall not be entitled to contract with the Secretary 
for such funds under section 102, except that such tribe 
shall be eligible for new programs on the same basis as 
other tribes; and 
• 
108 STAT. 4274 
PUBLIC LAW 103-413—OCT. 25, 1994 
"(B) shall be responsible for the administration of pro-
grams, services, functions, and activities pursuant to agree-
ments entered into under this section; and 
"(9) prohibit the Secretary from waiving, modifying, or 
diminishing in any way the trust responsibility of the United 
States with respect to Indian tribes and individual Indians 
that exists under treaties. Executive orders, and other laws. 
"(c) ADDITIONAL ACTIVITIES.—Each funding agreement nego-
tiated pursuant to subsections (a) and (b) may, in accordance to 
such additional terms as the parties deem appropriate, also include 
other programs, services, functions, and activities, or portions 
thereof, administered by the Secretary of the Interior which are 
of special geographic, historical, or cultural significance to the 
participating Indian tribe requesting a compact. 
"(d) PROVISIONS RELATING TO THE SECRETARY.—Funding agree-
ments negotiated between the Secretary and an Indian tribe shall 
include provisions— 
"(1) to monitor the performance of trust functions by the 
tribe through the annual trust evaluation, and 
"(2) for the Secretary to reassume a program, service, func-
tion, or activity, or portions thereof, if there is a finding of 
imminent jeopardy to a physical trust asset, natural resources, 
or public health and safety. 
"(e) CONSTRUCTION PROJECTS.—(1) Regarding construction pro-
grams or projects, the Secretary and Indian tribes may negotiate 
for the inclusion of specific provisions of the Office of Federal 
Procurement and Policy Act and Federal acquisition regulations 
in any funding agreement entered into under this Act. Absent 
a negotiated agreement, such provisions and regulatory require-
ments shall not apply. 
"(2) In all construction projects performed pursuant to this 
title, the Secretary shall ensure that proper health and safety 
standards are provided for in the funding agreements. 
"(f) SUBMISSION FOR REVIEW.—Not later than 90 days before 
the proposed effective date of an agreement entered into under 
this section, the Secretary shall submit a copy of such agreement 
to— 
"(1) each Indian tribe that is served by the Agency that 
is serving the tribe that is a party to the funding agreement; 
"(2) the Committee on Indian Affairs of the Senate; and 
"(3) the Subcommittee on Native American Affairs of the 
Committee on Natural Resources of the House of Representa-
tives. 
"(g) PAYMENT.—(1) At the request of the governing body of 
the tribe and under the terms of an agreement entered into under 
this section, the Secretary shall provide funding to the tribe to 
carry out the agreement. 
"(2) The funding agreements authorized by this title and title 
III of this Act shall provide for advance payments to the tribes 
in the form of annual or semi-annual installments at the discretion 
of the tribes. 
"(3) Subject to paragraph (4) of this subsection and paragraphs 
(1) through (3) of subsection (b), the Secretary shall provide funds 
to the tribe under an agreement under this title for programs, 
services, functions, and activities, or portions thereof, in an amount 
equal to the amount that the tribe would have been eligible to 
receive under contracts and grants under this Act, including 
PUBLIC LAW 103-413—OCT. 25, 1994 
108 STAT. 4275 
amounts for direct program and contract support costs and, in 
addition, any funds that are specifically or functionally related 
to the provision by the Secretary of services and benefits to the 
tribe or its members, without regard 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 professional contracts by Indian tribal governments 
participating in Self-Governance under this title. 
"(i) FACILITATION.—(1) Except as otherwise provided by law, 
the Secretary shall interpret each Federal law and regulation in 
a manner that will facilitate— 
"(A) the inclusion of programs, services, functions, 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 Secretary 
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 purposes of meeting matching require-
ments under any other Federal law. 
"(k) DISCLAIMER.—Nothing in this section is intended 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 establish-
ing the existing program does not authorize the type of participation 
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 included in a compact 
under section 403(b)(2). 
"SEC. 404. BUDGET REQUEST. 
25 USC 458dd. 
"The Secretary shall identify, in the annual budget request 
of the President to the Congress under section 1105 of title 31, 
108 STAT. 4276 
PUBLIC LAW 103-413—OCT. 25, 1994 
25 u s e 458ee. 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
United States Code, any funds proposed to be included in agree-
ments authorized under this title. 
"SEC. 405. REPORTS. 
"(a) REQUIREMENT.—^The Secretary shall submit to Congress 
a written report on January 1 of each year following 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-Govern-
ance; 
"(2) identify, with particularity, all funds that are specifi-
cally or functionally related to the provision 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 bureauc-
racy; 
"(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 Indian Affairs programs, 
services, functions, and activities, or portions thereof, in agreements 
with tribes participating 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, with-
out 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 programs, services, functions, and activities, 
or portions thereof, that the Secretary determines, with the 
concurrence 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 targets, 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 activi-
ties are actually included in the agreements negotiated under sec-
tion 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 January 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 pro-
grammatic 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 deter-
mine the individual tribal share of funds controlled by the Central 
PUBLIC LAW 103-413—OCT. 25, 1994 
108 STAT. 4277 
Office of the Bureau of Indian Affairs for inclusion in the Self-
Governance compacts. The Secretary shall include such formula 
in the annual report submitted to the Congress under subsection 
(b), together with the views of the affected Indian tribes. 
"SEC. 406. DISCLAIMERS. 
25 USC 458ff. 
"(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 Indians 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. 
25 USC 458gg. 
"(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 committee estab-
lished 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, a majority of whom shall 
be 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-govemment relationship 
between the United States and the Indian tribes. 
"(d) EFFECT.—^The lack of promulgated regulations shall not 
limit the effect of this title. 
108 STAT. 4278 
PUBLIC LAW 103-413—OCT. 25, 1994 
25 u s e 458hh. 
"SEC. 408. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated such sums as may 
be necessary to carry out this title.". 
Approved October 25, 1994. 
LEGISLATIVE HISTCHtY—H.R. 4842: 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Oct. 6, considered and passed House. 
Oct. 7, considered and passed Senate.