[Congressional Record Volume 161, Number 14 (Wednesday, January 28, 2015)]
[Senate]
[Pages S591-S592]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BARRASSO (for himself, Mr. Tester, and Ms. Murkowski):
  S. 286. A bill to amend the Indian Self-Determination and Education 
Assistance Act to provide further self-governance by Indian tribes, and 
for other purposes; to the Committee on Indian Affairs.
  Mr. BARRASSO. Mr. President, I rise today to introduce legislation 
that would further advance the goals of Indian self-governance and 
self-determination. The legislation is entitled, the Department of the 
Interior Self-Governance Act of 2015. I thank my colleagues who have 
joined me as original cosponsors of this legislation, including Indian 
Affairs Committee Vice Chairman Senator Tester and Senator Murkowski.
  One of the cornerstones of Federal Indian policy is the concept of 
tribal self-determination and self-governance. In 1975, Congress passed 
the Indian Self-Determination and Education Assistance Act. The Act, 
Public Law No. 93-638 authorizes Indian tribes to carry out certain 
Federal Indian programs, activities, and functions within the 
Department of the Interior and the Department of the Health and Human 
Services.
  Self-governance is both a policy and procedure whereby, pursuant to 
the Indian Self-Determination and Education Assistance Act, Indian 
tribes administer Federal programs for Indians. Tribal administration 
of these programs promotes local control and decision-making for these 
important programs that affect the local tribal community.
  Tribal administration through these processes also serves to reduce 
Federal bureaucracy. This legislation promotes accountability by 
maintaining requirements that Indian tribes must demonstrate a higher 
level of responsible governance and administration. Good governance is 
vital for continuing this policy.
  The act gives authority to the Secretaries of the Interior and Health 
and Human Services to enter into 638 contracts and self-governance 
compacts with Indian tribes. Each 638 contact or self-governance 
compact identifies functions and activities to be carried out by the 
tribe, as well as any administrative, reporting, or other requirements 
that must be followed.
  Despite the increased flexibility in the tribal self-governance 
program, Indian tribes have stated to Congress that the Department of 
the Interior has, for many years, resisted the efforts by tribes to 
carry out Interior programs. Without additional reforms, the success of 
the Indian Self-Determination and Education Assistance Act cannot reach 
its full potential.
  The bill intends to clarify and expand the provisions of the Indian 
Self-Determination and Education Assistance Act. This legislation will 
give tribes a better opportunity to advance the policy of tribal self-
governance by authorizing the Secretary of the Interior to select up to 
50 new Indian tribes to participate in the tribal self-governance 
program. In addition, the bill clarifies that provisions of water 
settlements and their authorizing legislation will not be affected by 
the self-governance amendments. Furthermore, nothing in this will 
expand or limit programs eligible for self-governance compacts beyond 
those already authorized under current law.
  This bipartisan bill is supported by Indian tribes across the 
country. I urge my colleagues to support this legislation.

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