[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 545 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 545

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 1997

  Mr. McCain (for himself, Mr. Domenici, Mr. Dorgan, and Mr. Thomas) 
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, PURPOSES, TABLE OF CONTENTS, AND DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Bureau of Indian 
Affairs Reorganization Act of 1997''.
    (b) Purposes.--The purposes of this Act are--
            (1) to ensure the meaningful involvement of Indian tribes 
        as full negotiation partners with the United States in all 
        efforts to reorganize and restructure the Bureau of Indian 
        Affairs; and
            (2) to ensure the active participation by Indian tribes in 
        the development of the budget requests for the Bureau of Indian 
        Affairs and the Indian Health Services which are submitted to 
        the President by the Secretary of the Interior and the 
        Secretary of Health and Human Services for inclusion in the 
        annual budget request submitted by the President to the 
        Congress pursuant to section 1108 of title 31, United States 
        Code.
    (c) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Reorganization of area offices.
Sec. 102. Reorganization of agency offices.
Sec. 103. Reorganization of central office.
Sec. 104. Authority to spend funds.
Sec. 105. Savings provisions.
Sec. 106. Additional conforming amendments.
Sec. 107. Authorization of appropriations.
Sec. 108. Effective date.
Sec. 109. Separability.
Sec. 110. Suspension of certain administrative actions.
Sec. 111. Statutory construction.
Sec. 112. Tribal authority recognized.
Sec. 113. Renegotiation authority.
Sec. 114. Disclosure of information.
  TITLE II--AMENDMENT TO THE INDIAN SELF-DETERMINATION AND EDUCATION 
                             ASSISTANCE ACT

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

Sec. 301. BIA Manual.
Sec. 302. Task force.
Sec. 303. Authorization of appropriations.
    (d) Definitions.--For purposes of this Act, the following 
definitions shall apply:
            (1) Area office.--The term ``area office'' means 1 of the 
        12 area offices of the Bureau of Indian Affairs in existence on 
        the date of enactment of this Act.
            (2) Area office plan.--The term ``area office plan'' means 
        a plan for the reorganization of an area office negotiated by 
        the Secretary and Indian tribes pursuant to section 101.
            (3) Agency office.--The term ``agency office'' means an 
        agency office of the Bureau of Indian Affairs in existence on 
        the date of enactment of this Act.
            (4) Agency office plan.--The term ``agency office plan'' 
        means a plan for the reorganization of an agency office 
        negotiated by the Secretary and 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, and includes the offices of the 
        Central Office that are housed in Washington, D.C. and 
        Albuquerque, New Mexico.
            (8) Central office plan.--The term ``central office plan'' 
        means the plan for the 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--
            (1) not later than 30 days after the date of enactment of 
        this Act, the Secretary shall notify in writing each Indian 
        tribe served by an area office of the time and place of the 
        initial prenegotiation meeting to establish a schedule for 
        negotiations under this subsection; and
            (2) not later than 150 days after the date of enactment of 
        this Act, the Secretary shall conclude negotiations with the 
        Indian tribes served by each area office on 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 a 
        majority of the Indian tribes served by the area office do not 
        exercise the option to maintain current organizational 
        structures, functions, or funding priorities pursuant to 
        paragraph (3), 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, Superintendents, or Indian tribes;
                    (D) transfers of functions;
                    (E) the specification of functions--
                            (i) retained by the Bureau; or
                            (ii) transferred to Indian tribes served by 
                        the 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 shall include, 
        for each Indian tribe served by the area office, a negotiated 
        determination of the share of the funds used by the area office 
        on an annual basis that is used to support functions and 
        services of the Indian tribe (in this subsection referred to as 
        the ``tribal share'').
            (3) Option of maintenance of current status.--At the option 
        of a majority of the Indian tribes served by an area office, a 
        reorganization plan may provide for the continuation of 
        organizational structures, functions, or funding priorities of 
        the area office that are substantially similar to those in 
        effect at the time of the negotiation of the area office plan.
            (4) Approval of area office plan by indian tribes.--
                    (A) In general.--On the date on which the 
                negotiation of an area office plan is concluded, the 
                Secretary shall submit the plan to the Indian tribes 
                served by the area office for approval.
                    (B) Effect of failure of indian tribe to approve 
                plan.--If an Indian tribe served by an area office 
                fails to approve an area office plan by the date that 
                is 60 days after the Secretary submits the plan 
                pursuant to subparagraph (A) to the Indian tribes 
                served by that office, the plan shall be considered to 
                have been disapproved by that Indian tribe.
                    (C) Reorganization compact.--If, by the date 
                specified in subparagraph (B), a majority of the Indian 
                tribes approve the area office plan by tribal 
                resolution or other official act of the governing body 
                of each Indian tribe involved, the Secretary shall 
                enter into a reorganization compact pursuant to 
                subsection (c).
            (5) Single tribe area office.--Not later than 30 days after 
        the date of enactment of this Act, the Secretary shall notify 
        in writing an Indian tribe that is served by an area office 
        that serves only that Indian tribe of the time and place of the 
        initial prenegotiation meeting to establish a schedule for 
        negotiations for an area office plan. If, by not later than 60 
        days after the date of enactment of this Act, an Indian tribe 
        that is served by an area office that serves only that Indian 
        tribe notifies the Secretary in writing that the Indian tribe 
        elects to enter into negotiations with the Secretary to prepare 
        a reorganization plan for the area office--
                    (A) not later than 150 days after the date of 
                enactment of this Act, the Secretary shall conclude 
                such negotiations; and
                    (B) if, by the date that is 60 days after the date 
                specified in subparagraph (A), the Indian tribe 
                approves the area office plan by tribal resolution or 
                other official act of the governing body of the Indian 
                tribe, the Secretary shall enter into a reorganization 
                compact with the Indian tribe to carry out the area 
                office plan.
            (6) Option to take tribal share.--
                    (A) In general.--If--
                            (i) by the date specified in paragraph 
                        (4)(B), a majority of the Indian tribes served 
                        by an area office fail to approve an area 
                        office plan, an Indian tribe may, not later 
                        than 60 days after the date specified in 
                        paragraph (4)(B), notify the Secretary in 
                        writing that the Indian tribe elects to receive 
                        directly the tribal share of the Indian tribe; 
                        or
                            (ii) by the date specified in paragraph 
                        (5)(B), the Indian tribe served by an area 
                        office fails to approve an area office plan, 
                        the Indian tribe may, not later than 60 days 
                        after the date specified in paragraph (5)(B), 
                        notify the Secretary in writing that the Indian 
                        tribe elects to receive directly the tribal 
                        share of the Indian tribe.
                    (B) Agreement.--Not later than 30 days after the 
                date on which the Secretary receives a notice under 
                subparagraph (A), the Secretary shall enter into an 
                agreement with the Indian tribe for the immediate and 
                direct transfer to the Indian tribe of an amount equal 
                to the tribal share (after taking into account any 
                residual amount determined under clause (i)), or if the 
                agreement covers a period of less than 12 months, a 
                prorated amount of the tribal share (after taking into 
                account any residual amount determined under clause 
                (i)). The agreement shall include--
                            (i) a negotiated determination of the 
                        amount, if any, of residual Federal funds to be 
                        retained by the Secretary for the area office 
                        that are minimally necessary to carry out 
                        trustee and other functions of the Federal 
                        Government that are not delegable to the Indian 
                        tribes served by the area office; and
                            (ii) a negotiated description of the 
                        responsibilities to be carried out by--
                                    (I) the area office; and
                                    (II) the Indian tribe.
            (7) Self-determination and self-governance authorities not 
        affected.--If an Indian tribe exercises the option to receive a 
        tribal share of funds in accordance with paragraph (6), the 
        exercise of that option may not be construed to limit or 
        restrict any right of that tribe or any other tribe to receive 
        funds under title I or IV of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450 et seq.), and funds 
        received under that Act may be included as part of the tribal 
        share identified in paragraph (6).
            (8) Secretarial authority.--If, by the date specified in 
        subsection (c), a majority of the Indian tribes served by an 
        area office fail to approve the plan pursuant to paragraph (4), 
        the organizational structure, functions, and funding priorities 
        of the area office in effect at the time of the negotiation of 
        the area office plan shall be determined by the Secretary, in 
        consultation with the Indian tribes served by that area office, 
        and in a manner consistent with the exercise by any Indian 
        tribe of the option to receive directly the tribal share of the 
        Indian tribe under paragraph (6).
    (c) Area Office Reorganization Compacts.--
            (1) In general.--Not later than 30 days after the date on 
        which a majority of the Indian tribes served by the area office 
        that is the subject of a reorganization plan have approved the 
        plan pursuant to subsection (b)(4), the Secretary shall enter 
        into an area office reorganization compact with the Indian 
        tribes that have approved the plan to carry out that plan (in 
        this subsection referred to as the ``area office reorganization 
        compact'').
            (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 would 
        otherwise receive pursuant to applicable Federal law (including 
        title I or IV of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450 et seq.)).

SEC. 102. REORGANIZATION OF AGENCY OFFICES.

    (a) In General.--Notwithstanding any other provision of law--
            (1) not later than 30 days after the date of enactment of 
        this Act, the Secretary shall notify each Indian tribe in 
        writing of the time and place of the initial prenegotiation 
        meeting to establish a schedule for negotiations under this 
        subsection; and
            (2) not later than 150 days after the date of enactment of 
        this Act, the Secretary, acting through the Superintendent (or 
        a designee of the Superintendent) of each agency office, shall 
        conclude negotiations with the Indian tribes served by each 
        agency office on 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 a majority of the Indian tribes served by 
        the agency office do not exercise the option to maintain 
        current organizational structures, functions, or funding 
        priorities pursuant to paragraph (3), the agency office plan 
        shall provide, with respect to the agency office covered under 
        the agency office plan, for--
                    (A) the reorganization of the 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 or Indian tribes;
                    (D) transfers of functions;
                    (E) the specification of functions--
                            (i) retained by the Bureau; or
                            (ii) transferred to Indian tribes served by 
                        the agency office;
                    (F) the issuance of waivers or other 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 shall include, 
        for each Indian tribe served by the agency office, a negotiated 
        determination of the share of the Indian tribe of the funds 
        used by the agency office on an annual basis that is used to 
        support functions and services of the Indian tribe (in this 
        subsection referred to as the ``tribal share'').
            (3) Option of maintenance of current status.--At the option 
        of a majority of the Indian tribes served by an 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.--
                    (A) In general.--On the date on which the 
                negotiation of an agency office plan is concluded, the 
                Secretary shall submit the agency office plan to the 
                Indian tribes served by the agency office for approval.
                    (B) Effect of failure of indian tribe to approve 
                plan.--If an Indian tribe served by an agency office 
                fails to approve an agency office plan by the date that 
                is 60 days after the Secretary submits the plan 
                pursuant to subparagraph (A) to the Indian tribes 
                served by that office, the plan shall be considered to 
                have been disapproved by that Indian tribe.
                    (C) Reorganization compact.--If, by the date 
                specified in subparagraph (B), a majority of the Indian 
                tribes approve the agency office plan by a tribal 
                resolution or other official act of the governing body 
                of each Indian tribe involved, the Secretary shall 
                enter into a reorganization compact pursuant to 
                subsection (c).
            (5) Single tribe agency office.--Not later than 30 days 
        after the date of enactment of this Act, the Secretary shall 
        notify in writing an Indian tribe that is served by an agency 
        office that serves only that Indian tribe of the time and place 
        of the initial prenegotiation meeting to establish a schedule 
        for negotiations for an agency office plan. If, by not later 
        than 60 days after the date of enactment of this Act, an Indian 
        tribe that is served by an agency office that serves only that 
        Indian tribe notifies the Secretary in writing that the Indian 
        tribe elects to enter into negotiations with the Secretary to 
        prepare a reorganization plan for the agency office--
                    (A) not later than 150 days after the date of 
                enactment of this Act, the Secretary shall conclude 
                such negotiations; and
                    (B) if, by the date that is 60 days after the date 
                specified in subparagraph (A), the Indian tribe 
                approves the agency office plan by tribal resolution or 
                other official act of the governing body of the Indian 
                tribe, the Secretary shall enter into a reorganization 
                compact with the Indian tribe to carry out the area 
                office plan.
            (6) Option to take tribal share.--
                    (A) In general.--If--
                            (i) by the date specified in paragraph 
                        (4)(B), a majority of the Indian tribes served 
                        by an agency office fail to approve an agency 
                        office plan, an Indian tribe may, not later 
                        than 60 days after the date specified in 
                        paragraph (4)(B), notify the Secretary in 
                        writing that the Indian tribe elects to receive 
                        directly the tribal share of the Indian tribe; 
                        or
                            (ii) by the date specified in paragraph 
                        (5)(B), the Indian tribe served by an agency 
                        office fails to approve an agency office plan, 
                        the Indian tribe may, not later than 60 days 
                        after the date specified in paragraph (5)(B), 
                        notify the Secretary in writing that the Indian 
                        tribe elects to receive directly the tribal 
                        share of the Indian tribe.
                    (B) Agreement.--Not later than 30 days after the 
                date on which the Secretary receives a notice under 
                subparagraph (A), the Secretary shall enter into an 
                agreement with the Indian tribe for the immediate and 
                direct transfer to the Indian tribe of an amount equal 
                to the tribal share (after taking into account any 
                residual amount under clause (i)), or if the agreement 
                covers a period of less than 12 months, a prorated 
                amount of the tribal share (after taking into account 
                any residual amount under clause (i)). The agreement 
                shall include--
                            (i) a negotiated determination of the 
                        amount, if any, of residual Federal funds to be 
                        retained by the Secretary for the agency office 
                        that are minimally necessary to carry out 
                        trustee and other functions of the Federal 
                        Government that are not delegable to the Indian 
                        tribes served by the agency office; and
                            (ii) a negotiated description of the 
                        responsibilities to be carried out by--
                                    (I) the agency office; and
                                    (II) the Indian tribe.
            (7) Self-determination and self-governance authorities not 
        affected.--If an Indian tribe exercises the option to receive a 
        tribal share of funds in accordance with paragraph (6), the 
        exercise of that option may not be construed to limit or 
        restrict any right of that tribe or any other tribe to receive 
        funds under title I or IV of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450 et seq.), and funds 
        received under that Act may be included as part of the tribal 
        share identified in paragraph (6).
            (8) Secretarial authority.--If, by the date specified in 
        subsection (c), a majority of the Indian tribes served by an 
        agency office fail to approve the plan pursuant to paragraph 
        (4), the organizational structure, functions, and funding 
        priorities of the agency office in effect at the time of the 
        negotiation of the agency office plan shall be determined by 
        the Secretary, in consultation with the Indian tribes served by 
        that agency office, and in a manner consistent with the 
        exercise by any Indian tribe of the option to receive directly 
        the tribal share of the Indian tribe under paragraph (6).
    (c) Agency Office Reorganization Compacts.--
            (1) In general.--Not later than 30 days after the date on 
        which a majority of the Indian tribes served by an agency 
        office that is the subject of an agency office plan have 
        approved that plan pursuant to subsection (b)(4), the Secretary 
        shall enter into a reorganization compact with the Indian 
        tribes to carry out the agency office plan (in this subsection 
        referred to as the ``agency office reorganization compact'').
            (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 would otherwise 
        receive pursuant to applicable Federal law (including title I 
        or IV of the Indian Self-Determination and Education Assistance 
        Act (25 U.S.C. 450 et seq.)).

SEC. 103. REORGANIZATION OF CENTRAL OFFICE.

    (a) In General.--Notwithstanding any other provision of law--
            (1) not later than 30 days after the date of enactment of 
        this Act, the Secretary shall notify in writing each Indian 
        tribe of the time and place of the initial prenegotiation 
        meeting to establish a schedule for negotiations under this 
        subsection; and
            (2) not later than 150 days after the date of enactment of 
        this Act, the Secretary shall conclude negotiations with Indian 
        tribes on a reorganization plan for the central office. The 
        Secretary shall negotiate 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 on the basis of the negotiations described in 
        subsection (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; or
                            (ii) be considered funds that may be 
                        transferred 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 transfer 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 transfer to the 
                Indian tribes of all or a portion of the funds 
                described in paragraph (1)(A)(ii).
            (3) Share of funding.--The central office plan shall 
        include, for each Indian tribe, a negotiated determination of 
        the share of the Indian tribe (in this subsection referred to 
        as the ``tribal share'') of the funds used by the central 
        office on an annual basis (after any funds identified in 
        paragraph (1)(A)(ii) have been allocated directly to Indian 
        tribes) to support functions and services of the Indian tribe 
        and to provide the personnel and services identified in 
        subsection (a) to serve the Indian tribe.
            (4) Option to take tribal share.--
                    (A) In general.--An Indian tribe may, not later 
                than 60 days after the date specified in subsection 
                (c), notify the Secretary in writing that the Indian 
                tribe elects to receive directly the tribal share for 
                that Indian tribe determined under paragraph (3) if 
                that Indian tribe--
                            (i) receives a tribal share of an area 
                        office under section 101(b) and also receives a 
                        tribal share of an agency office under section 
                        102(b); or
                            (ii) receives a share pursuant to title I 
                        or IV of the Indian Self-Determination and 
                        Education Assistance Act (25 U.S.C. 450 et 
                        seq.).
                    (B) Agreement.--Not later than 30 days after the 
                date on which an Indian tribe provides written 
                notification to the Secretary under subparagraph (A), 
                the Secretary shall enter into an agreement with the 
                Indian tribe for the immediate and direct transfer to 
                the Indian tribe of an amount equal to the tribal share 
                (taking into account any residual amount determined 
                under clause (i)), or if the period covered by the 
                agreement is less than 12 months, a prorated amount of 
                the tribal share (taking into account any residual 
                amount determined under clause (i)). The agreement 
                shall include--
                            (i) a negotiated determination of the 
                        amount of residual Federal funds to be retained 
                        by the Secretary for the central office that 
                        are minimally necessary to carry out trustee 
                        and other functions of the Federal Government 
                        that are not delegable to the Indian tribes 
                        served by the central office; and
                            (ii) a negotiated description of the 
                        responsibilities to be carried out by--
                                    (I) the central office; and
                                    (II) the Indian tribe.
            (5) Self-determination and self-governance authorities not 
        affected.--If an Indian tribe exercises the option to receive a 
        tribal share of funds in accordance with paragraph (4), the 
        exercise of that option may not be construed to limit or 
        restrict any right of that tribe or any other tribe to receive 
        funds under title I or IV of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450 et seq.), and funds 
        received under that Act may be included as part of the tribal 
        share identified in paragraph (4).
    (c) Central Office Reorganization Compacts.--
            (1) In general.--Not later than 90 days after the Secretary 
        has concluded a negotiation of 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 
        (in this subsection referred to 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 office 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 negotiation of the 
        central office plan shall be determined by the Secretary, in 
        consultation with the Indian tribes served by each area office, 
        and in a manner that is consistent with the exercise by any 
        Indian tribe of the option to receive directly the tribal share 
        of the Indian tribe under subsection (b)(4).
            (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 negotiation 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. AUTHORITY TO SPEND FUNDS.

    Each Indian tribe that receives funds under this title shall 
administer and expend those funds in a manner consistent with the 
authorities provided to Indian tribes under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

SEC. 105. SAVINGS PROVISIONS.

    (a) In General.--Notwithstanding any other provision of this title, 
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. 106. ADDITIONAL CONFORMING AMENDMENTS.

    (a) Recommended Legislation.--After consultation with Indian tribes 
and the appropriate committees of the Congress, the Secretary shall 
prepare and submit to the Congress appropriate recommendations for 
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. 107. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 108. EFFECTIVE DATE.

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

SEC. 109. 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. 110. 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 associated with reinventing 
government, national performance review, or other down sizing 
initiatives of the executive branch of the Federal Government.
    (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. 111. 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.

SEC. 112. TRIBAL AUTHORITY RECOGNIZED.

    Nothing in this title may be construed to prohibit or limit the 
capacity of 2 or more Indian tribes to authorize, by tribal resolution 
or other official act of the governing body of each Indian tribe 
involved, a group of Indian tribes to exercise any authority granted to 
an Indian tribe under this title, except that the approval of an area 
office or agency office reorganization plan under sections 101(b)(4) 
and 102(b)(4), and the entering into a central office reorganization 
compact under section 103(c)(1), shall be authorized by the separate 
tribal resolution or other official act of the governing body of each 
Indian tribe involved.

SEC. 113. RENEGOTIATION AUTHORITY.

    The Indian tribes served by an agency or area office may annually 
exercise any authorities that the Indian tribes are authorized to 
exercise under this title during any calendar year that begins after 
the date of enactment of this Act, including authorities relating to 
the negotiation of reorganization plans and the election to receive 
tribal shares. In any case in which an Indian tribe exercises an 
authority pursuant to the preceding sentence, the timeframes set forth 
in this title shall be calculated from the annual anniversary date of 
the date of enactment of this Act.

SEC. 114. DISCLOSURE OF INFORMATION.

    (a) In General.--Upon entering into negotiations required under 
sections 101, 102, and 103, and in a timely manner throughout that 
negotiation process, the Secretary shall provide to Indian tribes the 
budgetary, structural, administrative, and legal information that is 
necessary for the negotiated reorganization of the agency offices, area 
offices, and central office.
    (b) Technical Assistance.--Upon the request of an Indian tribe, the 
Secretary shall provide such technical assistance as may be required to 
interpret the information provided under subsection (a).

  TITLE II--AMENDMENT TO THE INDIAN SELF-DETERMINATION AND EDUCATION 
                             ASSISTANCE ACT

SEC. 201. BUDGET DEVELOPMENT.

    The Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.) 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 of Health and Human 
        Services 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) the authority and flexibility to 
                        design 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 (as in effect on the date of enactment of this title), promulgate 
standardized assessment methodologies to be used in carrying out any 
budget determination for the Bureau 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 the requirements of section 565 of 
        title 5, United States Code (as in effect on the date of 
        enactment of this title), 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.

    ``At the earliest practicable 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 for inclusion 
in the annual budget submitted to the Congress, 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 (hereafter in this section referred 
        to 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, appointed by the Secretary, 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) Report 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.--Members of the task force who 
        are not officers or employees of the Federal Government shall 
        serve without compensation, except for travel expenses, as 
        provided under paragraph (2). 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 
                under GS-13 of the General Schedule established under 
                section 5332 of title 5, United States Code.
    (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, 
no provision of any internal manual or handbook or other written 
procedure purporting to govern the conduct of the Department in 
relation to Indian tribes shall be binding upon any Indian tribe unless 
that provision has been promulgated as a final regulation in accordance 
with applicable Federal law.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

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