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H.R. 3394 (102nd): Tribal Self-Governance Demonstration Project Act


The text of the bill below is as of Dec 4, 1991 (Passed Congress).


H.R.3394

One Hundred Second Congress of the United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Thursday, the third day of January,

one thousand nine hundred and ninety-one

An Act

To amend the Indian Self-Determination and Education Assistance Act.

    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 ‘Tribal Self-Governance Demonstration Project Act’.

SEC. 2. EXTENSION OF TIME FOR TRIBAL SELF-GOVERNANCE DEMONSTRATION PROJECT.

    Section 301 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450f note) (hereafter in this Act referred to as the ‘Act’) is amended by striking out ‘five’ and inserting in lieu thereof ‘eight’.

SEC. 3. INCREASE IN NUMBER OF TRIBES PARTICIPATING IN PROJECT.

    Section 302(a) of the Act is amended by striking out ‘twenty’ and inserting in lieu thereof ‘thirty’.

SEC. 4. COMPLETION OF GRANTS AS A PRECONDITION TO NEGOTIATION OF WRITTEN ANNUAL FUNDING AGREEMENTS.

    Section 303(a) of the Act is amended by striking out ‘which--’ and inserting in lieu thereof ‘that successfully completes its Self-Governance Planning Grant. Such annual written funding agreement--’.

SEC. 5. ADDITIONAL FUNDING FOR SELF-GOVERNANCE PLANNING GRANTS.

    Title III of the Act is amended by adding at the end thereof the following new section:

    ‘SEC. 307. For the purpose of providing planning and negotiation grants to the ten tribes added by section 3 of the Tribal Self-Governance Demonstration Project Act to the number of tribes set forth by section 302 of this Act (as in effect before the date of enactment of this section), there is authorized to be appropriated $700,000.’.

SEC. 6. EXTENSION OF PROJECT; FEASIBILITY STUDIES.

    (a) PROJECT NOT LIMITED TO CERTAIN PROGRAMS- Section 303(a)(1) of the Act is amended by striking ‘authorized under’ and inserting in lieu thereof the following: ‘of the Department of the Interior that are otherwise available to Indian tribes or Indians, including but not limited to,’.

    (b) AUTHORIZED AGREEMENTS- Section 303(d) of the Act is amended by inserting immediately before the period at the end thereof a semicolon and the following: ‘except that for the term of the authorized agreements under this title, the provisions of section 2103 of the Revised Statutes of the United States (25 U.S.C. 81), and section 16 of the Act of June 18, 1934 (25 U.S.C. 476), shall not apply to attorney and other professional contracts by participating Indian tribal governments operating under the provisions of this title’.

    (c) INTERPRETATION- Section 303 of the Act is amended by adding at the end thereof the following:

    ‘(f) To the extent feasible, the Secretary shall interpret Federal laws and regulations in a manner that will facilitate the inclusion of activities, programs, services, and functions in the agreements authorized by this title.’.

    (d) STUDIES- Title III of the Act is amended by adding after section 307 (as added by section 5 of this Act) the following new sections:

    ‘SEC. 308. (a) The Secretary of Health and Human Services, in consultation with the Secretary of the Interior and Indian tribal governments participating in the demonstration project under this title, shall conduct a study for the purpose of determining the feasibility of extending the demonstration project under this title to the activities, programs, functions, and services of the Indian Health Service. The Secretary shall report the results of such study, together with his recommendations, to the Congress within the 12-month period following the date of the enactment of the Tribal Self-Governance Demonstration Project Act.

    ‘(b) The Secretary of Health and Human Services may establish within the Indian Health Service an office of self-governance to be responsible for coordinating the activities necessary to carry out the study required under subsection (a).

    ‘SEC. 309. The Secretary of the Interior shall conduct a study for the purpose of determining the feasibility of including in the demonstration project under this title those programs and activities excluded under section 303(a)(3). The Secretary of the Interior shall report the results of such study, together with his recommendations, to the Congress within the 12-month period following the date of the enactment of the Tribal Self-Governance Demonstration Project Act.’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.