[Congressional Record Volume 142, Number 29 (Wednesday, March 6, 1996)]
[Extensions of Remarks]
[Pages E288-E289]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




EXTENSION OF AGENCY RULEMAKING PERIOD UNDER TITLE I OF THE INDIAN SELF-
               DETERMINATION AND EDUCATION ASSISTANCE ACT

                                 ______


                           HON. GEORGE MILLER

                             of california

                    in the house of representatives

                        Wednesday, March 6, 1996

  Mr. MILLER of California. Mr. Speaker, today I am introducing a 
simple bill that amends title I of the Indian Self-Determination and 
Education Assistance Act. The act, which was enacted in 1975, empowers 
tribes and tribal organizations to take over the operation of Federal 
programs that directly benefit American Indian and Alaska Native 
tribes. In giving tribes greater control of the programs which affect 
their lives on a daily basis, we sought to foster true Indian self-
determination as well as to limit the growth of the attendant Federal 
bureaucracy which had sprung up around the Federal Indian programs.
  In the 103d Congress, we amended the Indian Self-Determination Act in 
response to the 6-year refusal of the Departments of the Interior and 
Health and Human Services to promulgate rules to carry out certain 
provisions in the act. Through the Indian Self-Determination Act 
Amendments of 1994, we streamlined the contracting process, curbed the 
Departments' rulemaking authority, and required the Departments to 
negotiate new regulations with the Indian tribes.

[[Page E289]]

  In order to prevent any further agency intransigence in promulgating 
regulations pursuant to the Departments' remaining rulemaking 
authority, the 1994 amendments contained a sunset provision which 
terminates the Departments' ability to issue regulations if they fail 
to do so within 18 months of the date of enactment. The Departments' 
rulemaking authority is set to expire on April 25, 1996.
  Since enactment of the 1994 amendments, the tribes and the 
Departments have proceeded to negotiate a draft set of regulations to 
carry out the terms of the act. Although the tribes and the Departments 
finished work on the draft regulations by the end of October 1995, the 
two Government shutdowns and a spate of bad weather prevented the 
agencies from publishing the proposed regulations until January 24, 
1996. The 60-day public comment period runs until March 25. The tribes 
and the Departments have both committed to a final meeting prior to 
publication of the final regulations in order to review, discuss, and 
reach a consensus regarding the comments received by the Departments.
  The tribes and the Departments both fear that there will not be 
enough time to conduct a final meeting and allow for adequate agency 
review and integration of tribal comments into the final regulations by 
April 25. The tribes and agencies are in agreement that they are better 
off with the negotiated regulations than with no regulations at all. 
Thus, the tribes and the Departments have asked Congress to amend 
section 107(a)(2)(B) of the Indian Self-Determination Act to extend the 
sunset provision by 2 months.
  Mr. Speaker, that is what this bill does. I would like to note that 
not only does this bill have the support of the Indian tribes and the 
administration, but it enjoys bipartisan support in the Congress. I 
urge my colleagues to support its swift passage.

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