[Congressional Record Volume 148, Number 113 (Tuesday, September 10, 2002)]
[Senate]
[Pages S8462-S8463]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself and Mr. Inouye):
  S. 2921. A bill to encourage Native contracting over the management 
of Federal lands, and for other purposes; to the Committee on Indian 
Affairs.
  Mr. CAMPBELL. Mr. President, today I am pleased to be joined by 
Senator Inouye to introduce the ``Native American Contracting and 
Federal Lands Management Demonstration Project Act'' to expand the 
highly-successful Indian Self Determination and Education Assistance 
Act of 1975 and to bring Native knowledge and sensitivity to the 
management of Federal lands.
  Next week is the 140th anniversary of the bloodiest day in U.S. 
military history--the Battle at Antietam Creek in Sharpsburg, Maryland. 
Many Civil War historians see Antietam as the turning point in the 
Union's victory over the Confederacy and as the victory President 
Lincoln needed to issue the Emancipation Proclamation.
  Americans have a visceral impulse to restrict development of the 
lands like those at Antietam, not because we are sons of the Union or 
daughters of the Confederacy, but because we are Americans.
  We know that Antietam, like Omaha Beach and Little Bighorn and other 
places, is a sacred place.
  In 1978, Congress passed the American Indian Religious Freedom Act, 
AIRFA, which declared that it is ``the policy of the United States to 
protect and preserve for American Indians their inherent right of 
freedom to believe, express and exercise the traditional religions of 
the American Indian, Eskimo, Aleut, and Native Hawaiians, including but 
not limited to access to sites, use and possession of sacred objects, 
and the freedom to worship through ceremonials and traditional rites.''
  It is clear that twenty-five years after the enactment of the AIRFA, 
the tools available to protect Native sacred places and religious 
beliefs are insufficient.
  At the same time, as our need for economic activities, such as 
logging, energy and mining, increases, the clashes between economic and 
cultural interests also increase.
  In 1970, President Nixon's Special Message to Congress on Indian 
Affairs changed forever Federal Indian law and policy. The President 
also signed into law legislation transferring the sacred Blue Lake 
lands back to the Pueblo of Taos. These two events set the stage for 
both the Indian Self Determination and Education Assistance Act, 1975, 
as well as the AIRFA, 1978.
  The legislation I am introducing builds on these precedents by 
setting up a demonstration project to expand opportunities for Native 
contracting on Federal lands. One goal of this bill is to bring to bear 
the knowledge and sensitivity of Native people to activities that are 
currently being carried out by Federal agencies.
  Under the bill, the Secretary of Interior would select up to 12 
tribes or tribal organizations per year to provide archaeological, 
anthropological, ethnographic and cultural surveys and analysis; land 
management planning; and activities related to the identification, 
maintenance, or protection of lands considered to have religious, 
ceremonial or cultural significance to Indian tribes.
  I urge my colleagues to join me in supporting this measure.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2921

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Native American Contracting 
     and Federal Lands Management Demonstration Project Act''.

     SEC. 2. DEFINITIONS.

       For the purposes of this Act, the following definitions 
     shall apply:
       (1) Federal lands.--The term ``Federal lands'' means any 
     land or interests in land owned by the United States, 
     including leasehold interests held by the United States, 
     except Indian trust lands.
       (2) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given such term by section 4(e) of the Indian Self-
     Determination and Education Assistance Act.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. PURPOSES.

       (a) In General.--The purposes of this Act are--
       (1) to expand the provisions of the Indian Self 
     Determination and Education Assistance Act, as amended (25 
     U.S.C. 450 et seq.), in order to expand Native employment and 
     income through greater contracting opportunities with the 
     Federal Government;
       (2) to encourage Native contracting on Federal lands for 
     purposes of benefiting from the knowledge and expertise of 
     Native people in order to promote innovative management 
     strategies on Federal lands that will lead to greater 
     sensitivity toward, and respect for, Native American 
     religious beliefs and sacred sites;
       (3) to better accommodate access to and ceremonial use of 
     Indian sacred lands by Indian religious practitioners; and

[[Page S8463]]

       (4) to prevent significant damage to Indian sacred lands.

     SEC. 4. NATIVE AMERICAN FEDERAL LANDS MANAGEMENT 
                   DEMONSTRATION PROJECT.

       (a) In General.--The Indian Self Determination and 
     Education Assistance Act is amended by adding a new 
     subsection as follows:

     ``SEC._. NATIVE AMERICAN FEDERAL LANDS MANAGEMENT 
                   DEMONSTRATION PROJECT.

       ``(a) In General.--The Secretary of the Interior shall 
     establish the `Native American Federal Lands Management 
     Demonstration Project' to enter contracts with Indian tribes 
     or tribal organizations to perform functions including, but 
     not limited to, archeological, anthropological and cultural 
     surveys and analyses, and activities related to the 
     identification, maintenance, or protection of lands 
     considered to have religious, ceremonial or cultural 
     significance to Indian tribes.
       ``(b) Participation.--During each of the 2 fiscal years 
     immediately following the date of the enactment, the 
     Secretary shall select not less than 12 eligible Indian 
     tribes or tribal organizations to participate in the 
     demonstration project.
       ``(c) Eligibility.--To be eligible to participate in the 
     demonstration project, an Indian tribe or tribal 
     organization, shall--
       ``(1) request participation by resolution or other official 
     action of the governing body of the Indian tribe or tribal 
     organization;
       ``(2) demonstrate financial and management stability and 
     capability, as evidenced by the Indian tribe or tribal 
     organization having no unresolved significant and material 
     audit exceptions for the previous 3 fiscal years; and
       (3) demonstrate significant use of or dependency upon the 
     relevant conservation system unit or other public land unit 
     for which programs, functions, services, and activities are 
     requested to be placed under contract.
       ``(d) Planning Phase.--Each Indian tribe and tribal 
     organization selected by the Secretary to participate in the 
     demonstration project shall complete a planning phase prior 
     to negotiating and entering into a conservation system unit 
     management contract. The planning phase shall be conducted to 
     the satisfaction of the Indian tribe or tribal organization 
     and shall include--
       ``(1) legal and budgetary research; and
       ``(2) internal tribal planning and organizational 
     preparation.
       ``(e) Contracts.--
       ``(1) In general.--Upon request of a participating Indian 
     tribe or tribal organization that has completed the planning 
     phase pursuant to subsection (e), the Secretary shall 
     negotiate and enter into a contract with the Indian tribe or 
     tribal organization for the Indian tribe or tribal 
     organization to plan, conduct, and administer programs, 
     services, functions, and activities, or portions thereof, 
     requested by the Indian tribe or tribal organization and 
     related to archeological, anthropological and cultural 
     surveys and analyses, and activities related to the 
     identification, maintenance or protection of lands considered 
     to have religious, ceremonial or cultural significance to 
     Indian tribes.
       ``(2) Time limitation for negotiation of contracts.--Not 
     later than 90 days after a participating Indian tribe or 
     tribal organization has notified the Secretary that it has 
     completed the planning phase required by subsection (e), the 
     Secretary shall initiate and conclude negotiations, unless an 
     alternative negotiation and implementation schedule is 
     otherwise agreed to by the parties. The declination and 
     appeals provisions of the Indian Self-Determination and 
     Education Assistance Act, including section 110 of such Act, 
     shall apply to contracts and agreements requested and 
     negotiated under this Act.
       ``(f) Contract Administration.--
       ``(1) Inclusion of certain terms.--At the request of the 
     contracting Indian tribe or tribal organization, the 
     benefits, privileges, terms, and conditions of agreements 
     entered into pursuant to titles I and IV of the Indian Self-
     Determination and Education Assistance Act may be included in 
     a contract entered into under this Act. If any provisions of 
     the Indian Self-Determination and Education Assistance Act 
     are incorporated, they shall have the same force and effect 
     as if set out in full in this Act and shall apply 
     notwithstanding any other provision of law. The parties may 
     include such other terms and conditions as are mutually 
     agreed to and not otherwise contrary to law.
       ``(2) Audit.--Contracts entered into under this Act shall 
     provide for a single-agency audit report to be filed as 
     required by chapter 75 of title 31, United States Code.
       ``(3) Transfer of employees.--Any career Federal employee 
     employed at the time of the transfer of an operation or 
     program to an Indian tribe or tribal organization shall not 
     be separated from Federal service by reason of such transfer. 
     Intergovernmental personnel actions may be used to transfer 
     supervision of such employees to the contracting Indian tribe 
     or tribal organization. Such transferred employees shall be 
     given priority placement for any available position within 
     their respective agency, notwithstanding any priority 
     reemployment lists, directives, rules, regulations, or other 
     orders from the Department of the Interior, the Office of 
     Management and Budget, or other Federal agencies.
       ``(g) Available Funding; Payment.--Under the terms of a 
     contract negotiated pursuant to subsection (f), the Secretary 
     shall provide each Indian tribe or tribal organization funds 
     in an amount not less than the Secretary would have otherwise 
     provided for the operation of the requested programs, 
     services, functions, and activities. Contracts entered into 
     under this Act shall provide for advance payments to the 
     tribal organizations in the form of annual or semiannual 
     installments.
       ``(h) Timing; Contract Authorization Period.--An Indian 
     tribe or tribal organization selected to participate in the 
     demonstration project shall complete the planning phase 
     required by subsection (c) not later than 1 calendar year 
     after the date that it was selected for participation and may 
     begin implementation of its requested contract no later than 
     the first day of the next fiscal year. The Indian tribe or 
     tribal organization and the Secretary may agree to an 
     alternate implementation schedule. Contracts entered into 
     pursuant to this Act are authorized to remain in effect for 5 
     consecutive fiscal years, starting from the fiscal year the 
     participating Indian tribe or tribal organization first 
     entered into its contract under this Act.
       ``(i) Report.--Not later than 90 days after the close of 
     each of fiscal years 2003 and 2006, the Secretary shall 
     present to the Congress detailed reports, including a 
     narrative, findings, and conclusions on the costs and 
     benefits of this demonstration project.
       ``(j) Planning Grants.--
       ``(1) In general.--Subject to the availability of 
     appropriated funds, upon application the Secretary shall 
     award a planning grant in the amount of $100,000 to any 
     Indian tribe or tribal organization selected for 
     participation in the demonstration project to enable it to 
     plan for the contracting of programs, functions, services, 
     and activities as authorized under this Act and meet the 
     planning phase requirement of subsection (e). An Indian tribe 
     or tribal organization may choose to meet the planning phase 
     requirement without applying for a grant under this 
     subsection. No Indian tribe or tribal organization may 
     receive more than 1 grant under this subsection.
       ``(2) Authorization of appropriations.--There is authorized 
     to be appropriated such sums as are necessary for each of the 
     2 fiscal years immediately following the date of the 
     enactment of this Act to fund planning grants under this 
     section.''.

     SEC. 5. TRIBAL PROCUREMENT CONTRACTING AND RESERVATION 
                   DEVELOPMENT.

       (a) In General.--Section 7 of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450e) is amended by 
     adding at the end thereof the following new subsection (d):
       ``(d) Fostering Tribal Procurement Contracting and 
     Reservation Development.--
       ``(1) Upon the request and application of an Indian tribe 
     to provide certain services or deliverables which the 
     Secretary of the Interior would otherwise procure from a 
     private sector entity, and absent a request to contract those 
     services or deliverables pursuant to section 102 of this Act 
     (25 U.S.C. 450f) made by the tribe or tribes to be directly 
     benefited by said services or deliverables, the Secretary of 
     the Interior shall contract for such services or deliverables 
     through the applicant Indian tribe pursuant to section 102 of 
     this Act (25 U.S.C. 450f).
       ``(2) Subsection (1) shall not apply unless the applicant 
     tribe provides assurances to the Secretary that the principal 
     beneficiary of the contracted services remains the tribe or 
     tribes originally intended to benefit from the services or 
     deliverables. For purposes of this subsection, the 
     contracting tribe shall enjoy no less than the same rights 
     and privileges under this Act as would the beneficiary tribe 
     if the beneficiary tribe exercised its rights to contract 
     under section 102 of this Act. If at any time the beneficiary 
     tribe (or tribes) seeks to contract services being provided 
     by the contracting tribe, the beneficiary tribe (or tribes) 
     shall give the contracting tribe and the Secretary of the 
     Interior no less than 180 days' notice.''.
                                 ______