[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 814 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 814

To provide for the reorganization of the Bureau of Indian Affairs, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 17 (legislative day, May 15), 1995

 Mr. McCain (for himself, Mr. Inouye, and Mr. Domenici) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To provide for the reorganization of the Bureau of Indian Affairs, and 
                          for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE, TABLE OF CONTENTS, AND DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Bureau of Indian 
Affairs Reorganization Act of 1995''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title, definitions, and table of contents.
                    TITLE I--REORGANIZATION COMPACTS

Sec. 101. Reorganization of area offices.
Sec. 102. Reorganization of agency offices.
Sec. 103. Reorganization of central office.
Sec. 104. Savings provisions.
Sec. 105. Additional conforming amendments.
Sec. 106. Authorization of appropriations.
Sec. 107. Effective date.
Sec. 108. Separability.
Sec. 109. Suspension of certain administrative actions.
Sec. 110. Statutory construction.
        TITLE II--AMENDMENT TO THE INDIAN SELF-DETERMINATION ACT

Sec. 201. Budget development.
  TITLE III--REFORM OF THE REGULATIONS OF THE BUREAU OF INDIAN AFFAIRS

Sec. 301. BIA Manual.
Sec. 302. Task force.
Sec. 303. Authorization of appropriations.
    (c) Definitions.--For purposes of this Act, the following 
definitions shall apply:
            (1) Area office.--The term ``area office'' means 1 of the 
        12 area offices of the Bureau of Indian Affairs.
            (2) Area office plan.--The term ``area office plan'' means 
        a plan for the reorganization of an area office negotiated by 
        the Secretary and Indian tribes pursuant to section 101.
            (3) Agency office.--The term ``agency office'' means an 
        agency office of the Bureau of Indian Affairs.
            (4) Agency office plan.--The term ``agency office plan'' 
        means a plan for the reorganization of an agency office 
        negotiated by the Secretary and Indian tribes pursuant to 
        section 102.
            (5) BIA manual.--The term ``BIA Manual'' means the most 
        recent edition of the Bureau of Indian Affairs Manual issued by 
        the Department of the Interior.
            (6) Bureau.--The term ``Bureau'' means the Bureau of Indian 
        Affairs.
            (7) Central office.--The term ``central office'' means the 
        central office of the Bureau, that is housed in the offices of 
        the Department in Washington, D.C. and in Albuquerque, New 
        Mexico.
            (8) Central office plan.--The term ``central office plan'' 
        means the plan for the reorganization of the central office 
        negotiated by the Secretary and Indian tribes pursuant to 
        section 103.
            (9) Department.--The term ``Department'' means the 
        Department of the Interior.
            (10) Director.--The term ``Director'' means, with respect 
        to an area office, the Director of the area office.
            (11) Function.--The term ``function'' means any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program.
            (12) Indian tribe.--The term ``Indian tribe'' has the same 
        meaning as in section 4(e) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(e)).
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (14) Superintendent.--The term ``Superintendent'' means the 
        Superintendent of an agency office.
            (15) Tribal priority allocation account.--The term ``tribal 
        priority allocation account'', means an account so designated 
        by the Bureau, with respect to which program priorities and 
        funding levels are established by individual Indian tribes.
            (16) Tribal recurring base funding.--The term ``tribal 
        recurring base funding'' means recurring base funding (as 
        defined and determined by the Secretary) for the tribal 
        priority allocation accounts of an Indian tribe allocated to a 
        tribe by the Bureau.
                    TITLE I--REORGANIZATION COMPACTS
SEC. 101. REORGANIZATION OF AREA OFFICES.

    (a) In General.--Notwithstanding any other provision of law, not 
later than 120 days after the date of enactment of this Act, the 
Secretary shall enter into negotiations with the Indian tribes served 
by each area office to prepare a reorganization plan for the area 
office.
    (b) Contents of Area Office Plans.--
            (1) In general.--Each area office plan that is prepared 
        pursuant to this subsection shall provide for the organization 
        of the area office covered under the plan. To the extent that 
        the majority of Indian tribes served by the area office do not 
        exercise the option to maintain current organizational 
        structures, functions, or funding priorities pursuant to 
        paragraph (2), the reorganization plan shall provide, with 
        respect to the area office covered under the plan, for--
                    (A) the reorganization of the administrative 
                structure of the area office;
                    (B) the reallocation of personnel (including 
                determinations of office size and functions);
                    (C) the delegation of authority of the Secretary to 
                the Director;
                    (D) transfers of functions;
                    (E) the specification of functions--
                            (i) retained by the Bureau; or
                            (ii) transferred to Indian tribes served by 
                        the area office;
                    (F) the issuance of waivers or other authorities by 
                the Secretary so that functions and other 
                responsibilities of the Secretary may be carried out by 
                the area office or transferred to Indian tribes;
                    (G) the promulgation of revised regulations 
                relating to the functions of the area office that are 
                performed by the area office or transferred to Indian 
                tribes;
                    (H) the reordering of funding priorities; and
                    (I) a formula for the transfer, to the tribal 
                recurring base funding for each Indian tribe served by 
                the area office, of unexpended balances of 
                appropriations and other Federal funds made available 
                to the area office in connection with any function 
                transferred to Indian tribes pursuant to subparagraph 
                (E)(ii).
            (2) Share of funding.--An area office plan may include, for 
        each Indian tribe served by the area office, a determination of 
        the share of the Indian tribe of the funds used by the area 
        office to carry out programs, services, functions and 
        activities of the tribe (referred to in this subsection as the 
        ``tribal share'').
            (3) Option of maintenance of current status.--At the option 
        of a majority of the Indian tribes served by an area office, a 
        reorganization plan may provide for the continuation of 
        organizational structures, functions, or funding priorities of 
        the area office that are substantially similar to those in 
        effect at the time of the development of the area office plan.
            (4) Approval of area office plan by indian tribes.--Upon 
        completion of the negotiation of an area office plan, the 
        Secretary shall submit the plan to the Indian tribes served by 
        the area office for approval. If a majority of the Indian 
        tribes approve the area office plan by a tribal resolution 
        pursuant to the applicable procedures established by the Indian 
        tribes, the Secretary shall enter into a reorganization compact 
        pursuant to subsection (c).
            (5) Single tribe area office.--In an area office that 
        serves only 1 Indian tribe, if the tribe elects to develop a 
        reorganization plan for the area office, the Secretary shall 
        enter into negotiations with the tribe to prepare a 
        reorganization plan for the area office. Not later than 60 days 
        after the date on which a reorganization plan referred to in 
        the preceding sentence is approved by the Indian tribe, the 
        Secretary shall enter into a reorganization compact with the 
        tribe to carry out the area office plan.
            (6) Option to take tribal share.--
                    (A) In general.--If a majority of the Indian tribes 
                served by an area office fail to approve an area office 
                plan, an Indian tribe may elect to receive directly the 
                tribal share of the Indian tribe.
                    (B) Determination of tribal share.--If an Indian 
                tribe elects to receive a tribal share under 
                subparagraph (A), the Secretary shall enter into 
                negotiations with the Indian tribe to determine the 
                tribal share of the Indian tribe.
                    (C) Agreement.--Upon the determination of a tribal 
                share of an Indian tribe under subparagraph (B), the 
                Secretary shall enter into an agreement with the Indian 
                tribe for transferring directly to the Indian tribe an 
                amount equal to the tribal share. The agreement shall 
                include--
                            (i) a determination of the amount of 
                        residual Federal funds to be retained by the 
                        Secretary for the area office; and
                            (ii) the responsibilities of--
                                    (I) the area office; and
                                    (II) the Indian tribe.
    (c) Area Office Reorganization Compact.--
            (1) In general.--Not later than 60 days after the date on 
        which a majority of the Indian tribes served by the area office 
        that is the subject of a reorganization plan have approved the 
        plan pursuant to subsection (b)(3), the Secretary shall enter 
        into an area office reorganization compact with the Indian 
        tribes to carry out the area office plan (referred to in this 
        subsection as the ``area office reorganization compact''). The 
        Secretary may not implement the area office plan until such 
        time as the Indian tribes have entered into an area office 
        reorganization compact with the Secretary pursuant to this 
        paragraph. If the Indian tribes do not enter into an area 
        office reorganization compact with the Secretary pursuant to 
        this paragraph, the organizational structure, functions, and 
        funding priorities of the area office in effect at the time of 
        the development of the area office plan shall remain in effect.
            (2) Prohibition against certain limitations.--With respect 
        to an Indian tribe that is not a party to an area office 
        reorganization compact entered into by the Secretary under this 
        subsection, nothing in this section may limit or reduce the 
        level of any service or funding that the Indian tribe is 
        entitled to pursuant to applicable Federal law (including any 
        contract that the Indian tribe is entitled to enter into 
        pursuant to applicable Federal law).

SEC. 102. REORGANIZATION OF AGENCY OFFICES.

    (a) In General.--Notwithstanding any other provision of law, not 
later than 120 days after the date of enactment of this Act, the 
Secretary, acting through the Superintendent (or a designee of the 
Superintendent) of each agency office, shall enter into negotiations 
with the Indian tribes served by each agency office to prepare an 
agency office plan for each agency office.
    (b) Contents of Agency Office Plans.--
            (1) In general.--Each agency office plan that is prepared 
        by the Secretary pursuant to this subsection shall provide for 
        the organization of the agency office covered under the plan. 
        To the extent that the majority of Indian tribes served by the 
        agency office do not exercise the option to maintain current 
        organizational structures, functions, or funding priorities 
        pursuant to paragraph (2), the agency office plan shall 
        provide, with respect to the agency office covered under the 
        agency office plan, for--
                    (A) the reorganization of the administrative 
                structure of the agency office;
                    (B) the reallocation of personnel (including 
                determinations of office size and functions);
                    (C) the delegation of authority of the Secretary to 
                the Superintendent;
                    (D) transfers of functions;
                    (E) the specification of functions--
                            (i) retained by the Bureau; or
                            (ii) transferred to Indian tribes served by 
                        the agency office;
                    (F) the issuance of waivers or other authorities by 
                the Secretary so that functions and other 
                responsibilities of the Secretary may be carried out by 
                the agency office or transferred to Indian tribes;
                    (G) the promulgation of revised regulations 
                relating to the functions of the agency office that are 
                carried by the agency office or transferred to Indian 
                tribes;
                    (H) the reordering of funding priorities; and
                    (I) a formula for the transfer, to the tribal 
                recurring base funding for each Indian tribe served by 
                the agency office, of unexpended balances of 
                appropriations and other Federal funds made available 
                to the agency office in connection with any function 
                transferred to Indian tribes pursuant to subparagraph 
                (E)(ii).
            (2) Share of funding.--An agency office plan may include, 
        for each Indian tribe served by the agency office, a 
        determination of the share of the Indian tribe of the funds 
        used by the agency office to carry out programs, services, 
        functions and activities of the tribe (referred to in this 
        subsection as the ``tribal share'').
            (3) Option of maintenance of current status.--At the option 
        of a majority of the Indian tribes served by an agency office, 
        an agency office plan may provide for the continuation of 
        organizational structures, functions, or funding priorities of 
        the agency office that are substantially similar to those in 
        effect at the time of the development of the agency office 
        plan.
            (4) Approval of agency office plan by indian tribes.--Upon 
        completion of the negotiation of an agency office plan, the 
        Secretary shall submit the agency office plan to the Indian 
        tribes served by the agency office for approval. If a majority 
        of the Indian tribes approve the agency office plan by a tribal 
        resolution pursuant to the applicable procedures established by 
        the Indian tribes, the Secretary shall enter into a 
        reorganization compact pursuant to subsection (c).
            (5) Single tribe agency office.--In an agency office that 
        serves only 1 Indian tribe, if the tribe elects to develop a 
        reorganization plan for the agency office, the Secretary shall 
        enter into negotiations with the tribe to prepare a 
        reorganization plan for the agency office. Not later than 60 
        days after the date on which a reorganization plan referred to 
        in the preceding sentence is approved by the Indian tribe, the 
        Secretary shall enter into a reorganization compact with the 
        tribe to carry out the agency office plan.
            (6) Option to take tribal share.--
                    (A) In general.--If a majority of the Indian tribes 
                served by an agency office fail to approve an agency 
                office plan, an Indian tribe may elect to receive 
                directly the tribal share of the Indian tribe.
                    (B) Determination of tribal share.--If an Indian 
                tribe elects to receive a tribal share under 
                subparagraph (A), the Secretary shall enter into 
                negotiations with the Indian tribe to determine the 
                tribal share of the Indian tribe.
                    (C) Agreement.--Upon the determination of a tribal 
                share of an Indian tribe under subparagraph (B), the 
                Secretary shall enter into an agreement with the Indian 
                tribe for transferring directly to the Indian tribe an 
                amount equal to the tribal share. The agreement shall 
                include--
                            (i) a determination of the amount of 
                        residual Federal funds to be retained by the 
                        Secretary for the agency office; and
                            (ii) the responsibilities of--
                                    (I) the agency office; and
                                    (II) the Indian tribe.
    (c) Agency Office Reorganization Compacts.--
            (1) In general.--Not later than 60 days after the date on 
        which a majority of the Indian tribes served by the agency 
        office that is the subject of an agency office plan have 
        approved the agency office plan pursuant to subsection (b)(3), 
        the Secretary shall enter into a reorganization compact with 
        the Indian tribes to carry out the agency office plan (referred 
        to in this subsection as the ``agency office reorganization 
        compact''). The Secretary may not implement the agency office 
        plan until such time as the Indian tribes have entered into an 
        agency office reorganization compact with the Secretary 
        pursuant to this paragraph. If the Indian tribes do not enter 
        into an agency office reorganization compact with the Secretary 
        pursuant to this paragraph, the organizational structure, 
        functions, and funding priorities of the agency office in 
        effect at the time of the development of the agency office plan 
        shall remain in effect.
            (2) Prohibition against certain limitations.--With respect 
        to an Indian tribe that is not a party to an agency office 
        reorganization compact entered into under this subsection, 
        nothing in this section may limit or reduce the level of any 
        service or funding that the Indian tribe is entitled to 
        pursuant to applicable Federal law (including any contract that 
        the Indian tribe is entitled to enter into pursuant to 
        applicable Federal law).
            (3) Coordination with area office plans.--Each agency 
        office reorganization compact entered into by the Secretary 
        under this subsection shall specify that in the event that the 
        Secretary determines that the agency office reorganization 
        compact is inconsistent with an area office reorganization 
        compact entered into under section 101(c), the Secretary, in 
        consultation with the Indian tribes that are parties to the 
        compact, shall make such amendments to the agency office 
        reorganization compact entered into under this subsection as 
        are necessary to ensure consistency with the applicable area 
        office plan.

SEC. 103. REORGANIZATION OF CENTRAL OFFICE.

    (a) In General.--Notwithstanding any other provision of law, not 
later than 120 days after the date of enactment of this Act, the 
Secretary shall enter into negotiations with Indian tribes to develop a 
central office plan. In developing the plan, the Secretary shall enter 
into negotiations on an area-by-area basis with a representative from 
each of the Indian tribes in each area, to determine the appropriate 
allocation of personnel and funding made available to the central 
office to serve the area and agency offices and Indian tribes in each 
area office.
    (b) Content of Central Office Plan.--
            (1) In general.--The central office plan shall provide for 
        determinations by the Secretary, on the basis of the 
        negotiations described in subparagraph (a), concerning--
                    (A) which portion of the funds made available to 
                the Secretary for the central office shall--
                            (i) be used to support the area and agency 
                        offices in each area; and
                            (ii) be considered excess funds that may be 
                        allocated directly to Indian tribes in each 
                        area pursuant to a formula developed pursuant 
                        to paragraph (2)(J); and
                    (B) the allocation of the personnel of the central 
                office to provide support to the area and agency 
                offices.
            (2) Reallocation of funds and personnel.--In developing the 
        central office plan, to the extent that the Secretary and the 
        Indian tribes do not exercise the option to maintain current 
        organizational structures, functions, or funding priorities, 
        the central office plan shall provide, to the extent necessary 
        to accommodate the determinations made under paragraph (1), 
        for--
                    (A) the reorganization of the administrative 
                structure of the central office;
                    (B) the reallocation of personnel (including 
                determinations of office size and functions);
                    (C) the delegation of authority of the Secretary 
                carried out through the central office to the 
                Directors, Superintendents, or Indian tribes;
                    (D) transfers of functions;
                    (E) the specification of functions--
                            (i) retained by the central office; or
                            (ii) transferred to area offices, agency 
                        offices or Indian tribes;
                    (F) the issuance of waivers or other authorities by 
                the Secretary so that functions and other 
                responsibilities of the Secretary may be carried out by 
                the central office or transferred to area offices, 
                agency offices, or Indian tribes;
                    (G) the promulgation of revised regulations 
                relating to the functions of the central office that 
                are carried by the central office or transferred to 
                area offices, agency offices, or Indian tribes;
                    (H) the reordering of funding priorities;
                    (I) allocation formulas to provide for the 
                remaining services to be provided to the area and 
                agency offices and Indian tribes by the central office; 
                and
                    (J) with respect to the allocation of funds to the 
                area and agency offices and Indian tribes in each area, 
                a formula, negotiated with the tribal representatives 
                identified in subsection (a), for the allocation to the 
                Indian tribes of a portion of excess funds described in 
                paragraph (1)(A)(ii).
    (c) Central Office Reorganization Compacts.--
            (1) In general.--Not later than 60 days after the Secretary 
        develops a central office plan pursuant to subsection (a), the 
        Secretary shall, for each area office, enter into a central 
        office reorganization compact with the Indian tribes in that 
        area to implement the central office plan (referred to in this 
        subsection as the ``central office reorganization compact''). 
        The Secretary may not implement the component of a central 
        office plan relating to an area until such time as a majority 
        of the Indian tribes in that area have entered into a central 
        office reorganization compact. If a majority of the Indian 
        tribes in an area do not enter into a central reorganization 
        compact with the Secretary pursuant to this paragraph, the 
        organizational structure, functions, and funding priorities of 
        the central office relating to the area and agency offices and 
        Indian tribes in that area and in effect at the time of the 
        development of the central office plan shall remain in effect.
            (2) Coordination with area and agency office plans.--Each 
        central office reorganization compact entered into by the 
        Secretary under this subsection shall specify that in the event 
        the Secretary determines that a central office reorganization 
        compact is inconsistent with a related area office 
        reorganization compact entered into under section 101(c) or a 
        related agency office reorganization compact entered into under 
        section 102(c), the Secretary, in consultation with the Indian 
        tribes that are parties to the central office reorganization 
        compact, shall amend the compact to make such modifications as 
        are necessary to ensure consistency with the applicable area or 
        agency office plan.

SEC. 104. SAVINGS PROVISIONS.

    (a) In General.--All orders, determinations, rules, regulations, 
permits, agreements, grants, contracts, certificates, licenses, 
registrations, privileges, and other administrative actions--
            (1) that have been issued, made, granted, or allowed to 
        become effective by the President, any Federal agency or 
        official thereof, or by a court of competent jurisdiction, in 
        the performance of any function that is transferred to Indian 
        tribes pursuant to a reorganization compact that the Secretary 
        enters into pursuant to section 101, 102, or 103; and
            (2) that are in effect on the effective date of the 
        reorganization compact, or were final before the effective date 
        of the reorganization compact and are to become effective on or 
        after such date;
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Secretary, or other authorized official, a court of 
competent jurisdiction, or by operation of law.
    (b) Proceedings Not Affected.--
            (1) In general.--The provisions of a reorganization compact 
        that the Secretary enters into pursuant to section 101, 102, or 
        103 shall not affect any proceedings, including notices of 
        proposed rulemaking, or any application for any license, 
        permit, certificate, or financial assistance pending before the 
        Bureau at the time the reorganization compact takes effect, 
        with respect to the functions transferred by the reorganization 
        compact.
            (2) Continuation of proceedings.--The proceedings and 
        applications referred to in paragraph (1) shall be continued. 
        Orders shall be issued in such proceedings, appeals shall be 
        taken from such orders, and payments shall be made pursuant to 
        such orders, as if the compact had not been entered into, and 
        orders issued in any such proceedings shall continue in effect 
        until modified, terminated, superseded, or revoked by a duly 
        authorized official, by a court of competent jurisdiction, or 
        by operation of law.
            (3) Statutory construction.--Nothing in this subsection 
        shall be deemed to prohibit the discontinuance or modification 
        of any such proceeding under the same terms and conditions and 
        to the same extent that such proceeding could have been 
        discontinued or modified if this title had not been enacted.
    (c) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the Bureau or by or against any individual in 
the official capacity of such individual as an officer of the Bureau 
shall abate by reason of the enactment of this title.

SEC. 105. ADDITIONAL CONFORMING AMENDMENTS.

    (a) Recommended Legislation.--After consultation with Indian 
tribes, the appropriate committees of the Congress and the Director of 
the Office of Management and Budget, the Secretary shall prepare and 
submit to the Congress recommended legislation containing technical and 
conforming amendments to reflect the changes made pursuant to this 
title.
    (b) Submission to the Congress.--Not later than 120 days after the 
effective date of this title, the Secretary
 shall submit to the Congress the recommended legislation referred to 
in subsection (a).

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 107. EFFECTIVE DATE.

    This title shall take effect on the date of enactment of this Act.

SEC. 108. SEPARABILITY.

    If a provision of this title or its application to any person or 
circumstance is held invalid, neither the remainder of this title nor 
the application of the provision to other persons or circumstances 
shall be affected.

SEC. 109. SUSPENSION OF CERTAIN ADMINISTRATIVE ACTIONS.

    (a) In General.--Notwithstanding any other provision of law, during 
the 2-year period beginning on the date of enactment of this Act, the 
Secretary shall suspend the implementation of all administrative 
activities that affect the Bureau of Indian Affairs associated with 
reinventing government, national performance review, or other 
downsizing initiatives.
    (b) Consideration of Compacts.--During the period specified in 
subsection (a), the reorganization compacts entered into under this 
title shall be deemed to satisfy the goals of the initiatives referred 
to in subsection (a).

SEC. 110. STATUTORY CONSTRUCTION.

    Nothing in this title may be construed to alter or diminish the 
Federal trust responsibility to Indian tribes, individual Indians, or 
Indians with trust allotments.

        TITLE II--AMENDMENT TO THE INDIAN SELF-DETERMINATION ACT

SEC. 201. BUDGET DEVELOPMENT.

    The Indian Self-Determination Act (25 U.S.C. 450f et seq.), as 
amended by the Tribal Self-Governance Act of 1994, is amended by adding 
at the end the following new title:

                     ``TITLE V--BUDGET DEVELOPMENT

``SEC. 501. PARTICIPATION OF INDIAN TRIBES IN THE DEVELOPMENT OF BUDGET 
              REQUESTS.

    ``(a) Budget Requests for the Bureau of Indian Affairs.--
Notwithstanding any other provision of law, not later than 120 days 
after the date of enactment of this title, the Secretary of the 
Interior shall establish a program--
            ``(1) to provide information to Indian tribes concerning 
        the development of budget requests for the Bureau of Indian 
        Affairs that are submitted to the President by the Secretary of 
        the Interior for inclusion in the annual budget of the 
        President submitted to the Congress pursuant to section 1108 of 
        title 31, United States Code; and
            ``(2) to ensure, to the maximum extent practicable, the 
        participation by each Indian tribe in the development of the 
        budget requests referred to in paragraph (1).
    ``(b) Budget Requests for the Indian Health Service.--
Notwithstanding any other provision of law, not later than 120 days 
after the date of enactment of this title, the Secretary of Health and 
Human Services shall establish a program--
            ``(1) to provide information to Indian tribes concerning 
        the development of budget requests by the Secretary of Health 
        and Human Services for the Indian Health Service that are 
        submitted to the President by the Secretary for inclusion in 
        the annual budget referred to in subsection (a)(1); and
            ``(2) to ensure, to the maximum extent practicable, the 
        participation by each Indian tribe in the development of the 
        budget requests referred to in paragraph (1).
    ``(c) Requirements for Programs.--
            ``(1) In general.--Each program established under this 
        section shall, to the maximum extent practicable--
                    ``(A) provide for the estimation of--
                            ``(i) the funds authorized to be 
                        appropriated on an annual basis for the benefit 
                        of Indian tribes; and
                            ``(ii) for each Indian tribe, the portion 
                        of the funds described in clause (i) that will 
                        be provided for the benefit of the Indian 
                        tribe;
                    ``(B) provide, for each Indian tribe--
                            ``(i) the opportunity to establish 
                        priorities for using the estimated funds 
                        described in subparagraph (A)(ii); and
                            ``(ii) flexibility in the design of tribal 
                        and Federal programs that receive Federal funds 
                        to best meet the needs of the community served 
                        by the Indian tribe; and
                    ``(C) provide for the collection and dissemination 
                of information that is necessary for effective 
                planning, evaluation, and reporting by the Secretary of 
                the Interior or the Secretary of Health and Human 
                Services and Indian tribes concerning the comparative 
                social and public health conditions of Indian 
                communities (as defined and determined by the Secretary 
                of the Interior and the Secretary of Health and Human 
                Services) at local, regional, and national levels.
            ``(2) Duties of the secretaries.--In carrying out the 
        programs established under this section, the Secretary of the 
        Interior and the Secretary of Health and Human Services shall--
                    ``(A) use any information provided by Indian tribes 
                concerning the priorities referred to in paragraph 
                (1)(B);
                    ``(B) support the creation of stable recurring base 
                funding (as defined and determined by each such 
                Secretary) for each Indian tribe;
                    ``(C) seek to maintain stability in the planning 
                and allocation of the amounts provided for in the 
                budget of the Bureau of Indian Affairs and the Indian 
                Health Service for Indian tribes; and
                    ``(D) assess the Federal programs or assistance 
                provided to each Indian tribe to determine--
                            ``(i) the relative need for providing 
                        Federal funds to carry out each such program; 
                        and
                            ``(ii) the amount of recurring base funding 
                        available to each Indian tribe to carry out 
                        each such program.
            ``(3) Contracts, grants, and annual funding agreements.--To 
        provide, to the maximum extent practicable, for the full 
        participation by the governing bodies of Indian tribes on an 
        effective government-to-government basis in carrying out the 
        collection and sharing of information under this section, the 
        Secretary of the Interior or the Secretary of Health and Human 
        Services may--
                    ``(A) enter into a self-determination contract with 
                an Indian tribe or make a grant to an Indian tribe 
                pursuant to section 102 or 103;
                    ``(B) with respect to the Secretary of Health and 
                Human Services, enter into a funding agreement with a 
                participating Indian tribe pursuant to title III; and
                    ``(C) with respect to the Secretary of the 
                Interior, enter into a funding agreement with a 
                participating Indian tribe pursuant to title IV.

``SEC. 502. ASSESSMENT METHODOLOGY.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of this title, the Secretary shall, in cooperation with 
Indian tribes, and in accordance with the negotiated rulemaking 
procedures under subchapter III of chapter 5 of title 5, United States 
Code, promulgate standardized assessment methodologies to be used in 
carrying out any budget determination for the Bureau of Indian Affairs 
concerning the levels of funding that are necessary to fund each 
program area (as defined and determined by the Secretary) of the 
Bureau.
    ``(b) Participation by Indian Tribes.--In carrying out subsection 
(a), the Secretary shall take such action as may be necessary to 
ensure, to the maximum extent practicable, the direct and active 
participation of Indian tribes at the local, regional, and national 
levels in the negotiated rulemaking process specified in subchapter III 
of chapter 5 of title 5, United States Code.
    ``(c) Committee.--
            ``(1) Composition.--The negotiated rulemaking committee 
        established pursuant to section 565 of title 5, United States 
        Code, to carry out subsection (a) shall only be comprised of--
                    ``(A) individuals who represent the Federal 
                Government; and
                    ``(B) individuals who represent Indian tribes.
            ``(2) Representation by indian tribes.--A majority of the 
        members of the committee referred to in paragraph (1) shall be 
        individuals who represent Indian tribes.
    ``(d) Adaptation of Procedures.--The Secretary shall adapt the 
negotiated rulemaking procedures carried out under this section in the 
same manner as the Secretary adapts, in accordance with section 407(c), 
the procedures carried out pursuant to section 407.

``SEC. 503. REPORTS TO THE CONGRESS.

    ``(a) Report on Budget Needs.--Not later than the earliest date 
after the date of promulgation of the regulations under section 502 on 
which the Secretary of the Interior submits a budget request to the 
President for inclusion in the annual budget of the President submitted 
to the Congress pursuant to section 1108 of title 31, United States 
Code, and annually thereafter, the Secretary shall prepare and submit 
to the President a report that--
            ``(1) describes the standardized methodologies that are the 
        subject of the regulations promulgated pursuant to section 502; 
        and
            ``(2) includes--
                    ``(A) for each program area of the Bureau of Indian 
                Affairs, an assessment of the level of funding that is 
                necessary to fund the program area; and
                    ``(B) for each Indian tribe served by a program 
                area referred to in paragraph (2)--
                            ``(i) an assessment of the level of funding 
                        that is necessary for each Indian tribe served 
                        by the program area;
                            ``(ii) the total amount of funding 
                        necessary to cover all program areas with 
                        respect to which the tribe receives services 
                        (as determined by taking the aggregate of the 
                        applicable amounts determined under paragraph 
                        (3)); and
                            ``(iii) a breakdown, for each program area 
                        with respect to which the Indian tribe receives 
                        service, of the amount determined under clause 
                        (ii).

``SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

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

  TITLE III--REFORM OF THE REGULATIONS OF THE BUREAU OF INDIAN AFFAIRS

SEC. 301. BIA MANUAL.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall--
            (1) conduct a review of all provisions of the BIA Manual;
            (2) promulgate as proposed regulations those provisions of 
        the BIA Manual that the Secretary deems necessary for the 
        efficient implementation of the Federal functions retained by 
        the Bureau under the reorganization compacts authorized by this 
        Act; and
            (3) revoke all provisions of the BIA Manual that are not 
        promulgated as proposed regulations under paragraph (2).
    (b) Consultation With Indian Tribes.--In carrying out subsection 
(a), the Secretary shall, to the maximum extent practicable, consult 
with Indian tribes in such manner as to provide for the full 
participation of Indian tribes.

SEC. 302. TASK FORCE.

    (a) Establishment of Task Force.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall establish a task 
        force on regulatory reform (referred to in this section as the 
        ``task force'').
            (2) Duties.--The task force shall--
                    (A) review the regulations under title 25, Code of 
                Federal Regulations; and
                    (B) make recommendations concerning the revision of 
                the regulations.
            (3) Membership.--The task force shall be composed of 16 
        members, including 12 members who are representatives of Indian 
        tribes from each of the 12 areas served by area offices.
            (4) Initial meeting.--Not later than 60 days after the date 
        on which all members of the task force have been appointed, the 
        task force shall hold its first meeting.
            (5) Meetings.--The task force shall meet at the call of the 
        Chairperson.
            (6) Quorum.--A majority of the members of the task force 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            (7) Chairperson.--The task force shall select a Chairperson 
        from among its members.
    (b) Reports.--
            (1) Reports to secretary.--The task force shall submit to 
        the Secretary such reports as the Secretary determines to be 
        appropriate.
            (2) Reports to the congress and to indian tribes.--In 
        addition to submitting the reports described in paragraph (1), 
        not later than 120 days after its initial meeting, the task 
        force shall prepare, and submit to the Congress and to the 
        governing body of each Indian tribe, a report that includes--
                    (A) the findings of the task force concerning the 
                review conducted pursuant to subsection (a)(2)(A); and
                    (B) the recommendations described in subsection 
                (a)(2)(B).
    (c) Powers of the Task Force.--
            (1) Hearings.--The task force may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the task force considers advisable to 
        carry out the duties of the task force specified in subsection 
        (a)(2).
            (2) Information from federal agencies.--The task force may 
        secure directly from any Federal department or agency such 
        information as the task force considers necessary to carry out 
        the duties of the task force specified in subsection (a)(2).
            (3) Postal services.--The task force may use the United 
        States mails in the same manner and under the same conditions 
        as other departments and agencies of the Federal Government.
            (4) Gifts.--The task force may accept, use, and dispose of 
        gifts or donations of services or property.
    (d) Task Force Personnel Matters.--
            (1) Compensation of members.--Each member of the task force 
        who is not an officer or employee of the Federal Government 
        shall be compensated at a rate equal to the daily equivalent of 
        the annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which such 
        member is engaged in the performance of the duties of the task 
        force. All members of the task force who are officers or 
        employees of the United States shall serve without compensation 
        in addition to that received for their services as officers or 
        employees of the United States.
            (2) Travel expenses.--The members of the task force shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the task force.
            (3) Staff.--
                    (A) In general.--The Chairperson of the task force 
                may, without regard to the civil service laws, appoint 
                and terminate such personnel as may be necessary to 
                enable the task force to perform its duties.
                    (B) Procurement of temporary and intermittent 
                services.--The Chairperson of the task force may 
                procure temporary and intermittent service under 
                section 3109(b) of title 5, United States Code, at 
                rates for individuals that do not exceed the daily 
                equivalent of the annual rate of basic pay prescribed 
                for level V of the Executive Schedule under section 
                5316 of such title.
    (e) Termination of Task Force.--The task force shall terminate 30 
days after the date on which the task force submits its reports to the 
Congress and to Indian tribes under subsection (b)(2).
    (f) Exemption From Federal Advisory Committee Act.--All of the 
activities of the task force conducted under this title shall be exempt 
from the Federal Advisory Committee Act (5 U.S.C. App.).
    (g) Prohibition.--Beginning on the date of enactment of this Act, 
the Secretary may not--
            (1) promulgate any unpublished regulation or agency 
        guidance that affects Indian tribes; or
            (2) impose any nonregulatory requirement that affects 
        Indian tribes.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

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