[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3508 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3508

     To provide for tribal self-governance, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 15, 1993

Mr. Richardson introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
     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 ``Tribal Self-Governance Act of 
1993''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the tribal right of self-government flows from the 
        inherent sovereignty of Indian tribes and nations;
            (2) the United States recognizes a special government-to-
        government relationship with Indian tribes, including the right 
        of the tribes to self-governance, as reflected in the 
        Constitution, treaties, Federal statutes, and the course of 
        dealings of the United States with Indian tribes;
            (3) although progress has been made, the Federal 
        bureaucracy, 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 government-to-government 
        relationship between Indian tribes and the United States and to 
        strengthen tribal control over Federal funding and program 
        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 intended to benefit Indians is an effective 
                way to implement the Federal policy of government-to-
                government 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. 3. DECLARATION OF POLICY.

    It is the policy of this Act to permanently establish and implement 
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-
        Determination 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;
            (5) to permit an orderly transition from Federal domination 
        of programs and services to provide Indian tribes with 
        meaningful authority to plan, conduct, redesign, and administer 
        programs, 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. 4. TRIBAL SELF-GOVERNANCE.

    The Indian Self-Determination and Education Assistance Act is 
amended by adding at the end the following new title:

                   ``TITLE IV--TRIBAL SELF-GOVERNANCE

``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-Governance 
(hereinafter in this title referred to as `Self-Governance') in 
accordance with this title.

``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-Governance 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.--In addition to those Indian tribes 
participating in Self-Governance under subsection (a), the Secretary, 
acting through the Director of the Office of Self-Governance, may 
select up to 20 new tribes per year from the applicant pool described 
in subsection (c) to participate in Self-Governance.
    ``(c) Applicant Pool.--The qualified applicant 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; and
            ``(3) has demonstrated, for the previous three fiscal 
        years, financial stability and financial management capability 
        as evidenced 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.

``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.
    ``(b) Contents.--Each funding agreement shall--
            ``(1) authorize the tribe to plan, conduct, consolidate, 
        and administer programs, services, functions, and activities 
        administered by the Department of the Interior that are 
        otherwise available to Indian tribes or Indians, including (but 
        not limited to)--
                    ``(A) the Act of April 16, 1934 (25 U.S.C. 452 et 
                seq.); and
                    ``(B) the Act of November 2, 1921 (25 U.S.C. 13);
            ``(2) subject to the terms of the agreement, authorize the 
        tribe to redesign programs, services, functions, or activities 
        and to reallocate funds for such programs, services, functions, 
        or activities;
            ``(3) 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 
                Education 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 divisions under section 102;
            ``(4) specify the services to be provided, the functions to 
        be performed, and the responsibilities of the tribe and the 
        Secretary pursuant to the agreement;
            ``(5) authorize the tribe and the Secretary to reallocate 
        funds or modify budget allocations within any year, and specify 
        the procedures to be used;
            ``(6) allow for retrocession of programs or portions of 
        programs pursuant to section 105(e);
            ``(7) 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
                    ``(B) shall be responsible for the administration 
                of programs, services, functions, and activities 
                pursuant to agreements entered into under this section; 
                and
            ``(8) 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) 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 Representatives.
    ``(d) Payment.--
            ``(1) In general.--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) Amount.--Subject to paragraph (3) of this subsection 
        and paragraphs (1) and (3) of subsection (b), the Secretary 
        shall provide funds to the tribe for one or more programs, 
        services, functions, or activities in an amount equal to the 
        amount that the tribe would have been eligible to receive under 
        contracts and grants under this Act, including direct program 
        costs, and for any funds that are specifically or functionally 
        related to the provision by the Secretary of services and 
        benefits to the tribe and its members.
            ``(3) Trust services.--Funds for trust 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.
    ``(e) Civil Actions.--
            ``(1) Definition of contract.--Except as provided in 
        paragraph (2), for the purposes of section 110, the term 
        `contract' shall include agreements entered into under this 
        title.
            ``(2) Professional contracts.--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.
    ``(f) Facilitation.--
            ``(1) Interpretation.--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) Waiver.--
                    ``(A) Request.--A tribe may submit a written 
                request for a waiver to the Secretary identifying the 
                regulation sought to be waived and the basis for the 
                request.
                    ``(B) Decision.--Not later than 60 days after 
                receipt by the Secretary of a written 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 that regulation is expressly required by 
                Federal law.
                    ``(C) Appeal.--Not later than 60 days after denial 
                of a waiver request, the Secretary shall at the request 
                of the tribe, provide the tribe with a hearing on the 
                record and an opportunity for an appeal.

``SEC. 404. BUDGET REQUEST.

    ``The Secretary shall identify, in the annual budget request of the 
President to the Congress under section 1105 of title 31, United States 
Code, any funds proposed to be included in Self-Governance.

``SEC. 405. REPORTS.

    ``(a) Requirement.--The Secretary shall submit to Congress a 
written report on January 1 of each year following the date of 
enactment of this title regarding the administration of this title.
    ``(b) Contents.--The report shall contain--
            ``(1) the relative costs and benefit of Self-Governance;
            ``(2) identification of all funds that are specifically and 
        functionally related to the provision of services and benefits 
        to the tribe and its members and the corresponding reduction in 
        the Federal bureaucracy; and
            ``(3) the separate views of the tribes.

``SEC. 406. EFFECT ON OTHER AGREEMENTS AND LAWS.

    ``Nothing in this title shall be construed to limit or reduce in 
any way the services, contracts, or funds that any other Indian tribe 
or tribal organization is eligible to receive under section 102 or any 
other applicable Federal law.

``SEC. 407. NEGOTIATED RULEMAKING.

    ``(a) In General.--Not later than 90 days after the date of 
enactment of this title, at the request of a majority of the Indian 
tribes with agreements under this title, the Secretary shall initiate 
procedures under subchapter III of chapter 5 of title 5, United States 
Code, to negotiate and promulgate such regulations as are necessary to 
carry out this title.
    ``(b) Committee.--A negotiated rulemaking committee established 
pursuant to section 565 of title 5, United States Code, to carry out 
this section, shall have as a majority of its members representatives 
of Indian tribes with agreements under this title.
    ``(c) Adaptation of Procedures.--The Secretary shall adapt the 
negotiated rulemaking procedures to the unique context of Self-
Governance and the government-to-government relationship between the 
United States and the Indian tribes.
    ``(d) Effect.--The lack of promulgated regulations shall not limit 
the effect of this title.

``SEC. 408. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated such sums as may be 
necessary to carry out this title.''.

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