[Congressional Record Volume 149, Number 20 (Tuesday, February 4, 2003)]
[Senate]
[Pages S1890-S1892]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 288. A bill to encourage contracting by Indians and Indian tribes 
for the management of Federal land, and for other purposes; to the 
Committee on Indian Affairs.
  Mr. CAMPBELL. Mr. President, as I did last session, I am again 
pleased to introduce the ``Indian Tribal 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, values and sensitivity to the management of our 
Federal lands.
  I want to emphasize that this initiative is a starting point for a 
broader discussion about whether Federal law sufficiently protects 
sacred Indian places that are located on Federal lands.
  Americans react viscerally when lands and sites held sacred are 
threatened. Whether the site in question is the Little Bighorn 
Battlefield in Montana; the American Cemetery at Omaha Beach in 
Normandy, France; or religious and ceremonial sites held dear by Native 
people.
  Twenty-five years ago Congress passed the American Indian Religious 
Freedom Act 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.''
  A series of hearings held by the Committee on Indian Affairs over the 
past two years revealed that the AIRFA policy remains aspirational and 
the goals of that Act have not been realized.
  The clashes between economic and cultural interests will also sharpen 
as our nation's needs for economic activities, such as logging, 
energy and mining, increases.

  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 re-introducing today will build 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 the 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.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 288

       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 ``Indian Contracting and 
     Federal Land Management Demonstration Project Act''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to expand the provisions of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.) to increase Indian employment and income through 
     greater contracting opportunities with the Federal 
     Government;
       (2) to encourage contracting by Indians and Indian tribes 
     with respect to management of Federal land--
       (A) to realize the benefit of Indian knowledge and 
     expertise with respect to the land; and
       (B) to promote innovative management strategies on Federal 
     land that will result in greater sensitivity toward, and 
     respect for, religious beliefs and sacred sites of Indians 
     and Indian tribes;
       (3) to better accommodate access to and ceremonial use of 
     Indian sacred land by Indian religious practitioners; and
       (4) to prevent significant damage to Indian sacred land.

[[Page S1891]]

     SEC. 3. TRIBAL PROCUREMENT CONTRACTING AND RESERVATION 
                   DEVELOPMENT.

       Section 7 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450e) is amended by adding at the 
     end the following:
       ``(d) Tribal Procurement Contracting and Reservation 
     Development.--
       ``(1) In general.--Subject to paragraph (2), on request by 
     and application of an Indian tribe to provide certain 
     services or deliverables that the Secretary of the Interior 
     would otherwise procure from a private-sector entity 
     (referred to in this subsection as an `applicant tribe'), and 
     absent a request made by 1 or more Indian tribes that would 
     receive a direct benefit from those services or deliverables 
     to enter into contracts for those services or deliverables in 
     accordance with section 102 (referred to in this subsection 
     as a `beneficiary tribe'), the Secretary of the Interior 
     shall enter into contracts for those services or deliverables 
     with the applicant tribe in accordance with section 102.
       ``(2) Assurances.--An applicant tribe shall provide the 
     Secretary of the Interior with assurances that the principal 
     beneficiary tribes that receive the services and deliverables 
     for which the applicant tribe has entered into a contract 
     with the Secretary of the Interior remain the Indian tribes 
     originally intended to benefit from the services or 
     deliverables.
       ``(3) Rights and privileges.--For the purpose of this 
     subsection, an applicant tribe shall enjoy, at a minimum, the 
     same rights and privileges under this Act as would a 
     beneficiary tribe if the beneficiary tribe exercised rights 
     to enter into a contract relating to services or deliverables 
     in accordance with section 102.
       ``(4) Notice of desire to contract.--If a beneficiary tribe 
     seeks to enter into a contract with the Secretary of the 
     Interior for services or deliverables being provided by an 
     applicant tribe--
       ``(A) the beneficiary tribe shall immediately provide 
     notice of the desire to enter into a contract for those 
     services and deliverables to the applicant tribe and the 
     Secretary; and
       ``(B) not later than the date that is 180 days after the 
     date on which the applicant tribe and the Secretary of the 
     Interior receive the notice, the contract between the 
     applicant tribe and the Secretary of the Interior for the 
     services or deliverables shall terminate.''.

     SEC. 4. INDIAN AND FEDERAL LAND MANAGEMENT DEMONSTRATION 
                   PROJECT.

       Section 403 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 458cc) is amended by adding at the 
     end the following:
       ``(m) Indian and Federal Land Management Demonstration 
     Project.--
       ``(1) Definitions.--In this subsection:
       ``(A) Federal land.--
       ``(i) In general.--The term `Federal land' means any land 
     or interest in or to land owned by the United States.
       ``(ii) Inclusion.--The term `Federal land' includes a 
     leasehold interest held by the United States.
       ``(iii) Exclusion.--The term `Federal land' does not 
     include land held in trust by the United States for the 
     benefit of an Indian tribe.
       ``(B) Project.--The term `project' means the Indian and 
     Federal Land Management Demonstration Project established 
     under paragraph (2).
       ``(C) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(2) Establishment.--The Secretary shall establish a 
     demonstration project, to be known as the `Indian and Federal 
     Land Management Demonstration Project', to enter into 
     contracts with Indian tribes or tribal organizations under 
     which the Indian tribes or tribal organizations shall carry 
     out activities relating to Federal land management, 
     including--
       ``(A) archaeological, anthropological, and cultural surveys 
     and analyses; and
       ``(B) activities relating to the identification, 
     maintenance, or protection of land considered to have 
     religious, ceremonial, or cultural significance to the Indian 
     tribe or tribal organization.
       ``(3) Participation.--During each of the 2 fiscal years 
     after the date of enactment of this subsection, the Secretary 
     shall select not less than 12 eligible Indian tribes or 
     tribal organizations to participate in the project.
       ``(4) Eligibility.--To be eligible to participate in the 
     project, an Indian tribe or tribal organization, shall--
       ``(A) request participation by resolution or other official 
     action of the governing body of the Indian tribe or tribal 
     organization;
       ``(B) with respect to the 3 fiscal years immediately 
     preceding the fiscal year for which participation is 
     requested, demonstrate financial stability and financial 
     management capability by showing that there were no 
     unresolved significant and material audit exceptions in the 
     required annual audit of the self-determination contracts of 
     the Indian tribe or tribal organization;
       ``(C) demonstrate significant use of or dependency on the 
     relevant conservation system unit or other public land unit 
     for which programs, functions, services, and activities are 
     requested to be placed under contract with respect to the 
     project; and
       ``(D) before entering into any contract described in 
     paragraph (6), complete a planning phase described in 
     paragraph (5).
       ``(5) Planning phase.--Not later than 1 year after the date 
     on which the Secretary selects an Indian tribe or tribal 
     organization to participate in the project, the Indian tribe 
     or tribal organization shall complete, to the satisfaction of 
     the Indian tribe or tribal organization, a planning phase 
     that includes--
       ``(A) legal and budgetary research; and
       ``(B) internal tribal planning and organizational 
     preparation.
       ``(6) Contracts.--
       ``(A) In general.--On request by an Indian tribe or tribal 
     organization that meets the eligibility criteria specified in 
     paragraph (4), the Secretary shall negotiate and enter into a 
     contract with the Indian tribe or tribal organization under 
     which the Indian tribe or tribal organization shall plan, 
     conduct, and administer programs, services, functions, and 
     activities (or portions of programs, services, functions, and 
     activities) requested by the Indian tribe or tribal 
     organization that relate to--
       ``(i) archaeological, anthropological, and cultural surveys 
     and analyses; and
       ``(ii) the identification, maintenance, or protection of 
     land considered to have religious, ceremonial, or cultural 
     significance to the Indian tribe or tribal organization.
       ``(B) Time limitation for negotiation of contracts.--Not 
     later than 90 days after a participating Indian tribe or 
     tribal organization notifies the Secretary of completion by 
     the Indian tribe or tribal organization of the planning phase 
     described in paragraph (5), the Secretary shall initiate and 
     conclude negotiations with respect to a contract described in 
     subparagraph (A) (unless an alternative negotiation and 
     implementation schedule is agreed to by the Secretary and the 
     Indian tribe or tribal organization).
       ``(C) Implementation.--An Indian tribe or tribal 
     organization that enters into a contract under this paragraph 
     shall begin implementation of the contract--
       ``(i) not later than October 1 of the fiscal year following 
     the fiscal year in which the Indian tribe or tribal 
     organization completes the planning phase under paragraph 
     (5); or
       ``(ii) in accordance with an alternative implementation 
     schedule agreed to under subparagraph (B).
       ``(D) Term.--A contract entered into under this paragraph 
     may have a term of not to exceed 5 fiscal years, beginning 
     with the fiscal year in which the contract is entered into.
       ``(E) Declination and appeals provisions.--The provisions 
     of this Act relating to declination and appeals of contracts, 
     including section 110, shall apply to a contract negotiated 
     under this paragraph.
       ``(7) Administration of contracts.--
       ``(A) Inclusion of certain terms.--
       ``(i) In general.--At the request of an Indian tribe or 
     tribal organization, the benefits, privileges, terms, and 
     conditions of agreements entered into in accordance with this 
     Act, and such other terms and conditions as are mutually 
     agreed to and not otherwise contrary to law, may be included 
     in a contract entered into under paragraph (6).
       ``(ii) Force and effect.--If any provision of this Act is 
     incorporated in a contract under clause (i), the provision 
     shall--

       ``(I) have the same force and effect as under this Act; and
       ``(II) apply notwithstanding any other provision of law.

       ``(B) Audit.--A contract entered into under paragraph (6) 
     shall provide for a single-agency audit report to be filed in 
     accordance with chapter 75 of title 31, United States Code.
       ``(C) Transfer of employees.--
       ``(i) In general.--A Federal employee employed at the time 
     of transfer of administrative responsibility for a program, 
     service, function, or activity to an Indian tribe or tribal 
     organization under this subsection shall not be separated 
     from Federal service by reason of the transfer.
       ``(ii) Intergovernmental actions.--An intergovernmental 
     personnel action may be used to transfer supervision of a 
     Federal employee described in clause (i) to an Indian tribe 
     or tribal organization.
       ``(iii) Treatment of transferred employees.--
     Notwithstanding any priority reemployment list, directive, 
     rule, regulation, or other order from the Department of the 
     Interior, the Office of Management and Budget, or any other 
     Federal agency, a Federal employee described in clause (i) 
     shall be given priority placement for any available position 
     within the respective agency of the employee.
       ``(8) Funding and payments.--A contract entered into under 
     paragraph (6) shall provide that, with respect to the 
     transfer of administrative responsibility for each program, 
     service, function, and activity covered by the contract--
       ``(A) for each fiscal year during which the contract is in 
     effect, the Secretary shall provide to the Indian tribe or 
     tribal organization that is a party to the contract funds in 
     an amount that is at least equal to the amount that the 
     Secretary would have otherwise expended in carrying out the 
     program, service, function, or activity for the fiscal year; 
     and
       ``(B) funds provided to an Indian tribe or tribal 
     organization under subparagraph (A) shall be paid by the 
     Secretary by such date before the beginning of the applicable 
     fiscal year as the Secretary and the Indian tribe or tribal 
     organization may jointly determine, in the form of annual or 
     semiannual installments.
       ``(9) Planning grants.--
       ``(A) In general.--Subject to the availability of 
     appropriations, on application by an Indian tribe or tribal 
     organization that is a participant in the project, the 
     Secretary

[[Page S1892]]

     shall provide to the Indian tribe or tribal organization a 
     grant in the amount of $100,000 to assist the Indian tribe or 
     tribal organization in--
       ``(i) completing the planning phase described in paragraph 
     (5); and
       ``(ii) planning for the contracting of programs, functions, 
     services, and activities in accordance with a contract 
     entered into under paragraph (6).
       ``(B) No requirement of grant.--An Indian tribe or tribal 
     organization may carry out responsibilities of the Indian 
     tribe or tribal organization described in subparagraph (A) 
     without applying for a grant under this paragraph.
       ``(C) Limitation on grants.--No Indian tribe or tribal 
     organization may receive more than 1 grant under this 
     paragraph.
       ``(D) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this paragraph 
     such sums as are necessary for each of the 2 fiscal years 
     following the fiscal year in which this subsection is 
     enacted.
       ``(10) Report.--Not later than 90 days after each of 
     December 31, 2003, and December 31, 2006, the Secretary shall 
     submit to Congress a detailed report on the project, 
     including--
       ``(A) a description of the project;
       ``(B) findings with respect to the project; and
       ``(C) an analysis of the costs and benefits of the 
     project.''.
                                 ______