FILE s814.is
104th CONGRESS
1st Session
To provide for the reorganization of the Bureau of Indian Affairs,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
May 17 (legislative day, May 15), 1995
Mr. McCain (for himself, Mr. Inouye, and Mr. Domenici) introduced
the following bill; which was read twice and referred to the
Committee on Indian Affairs
A BILL
To provide for the reorganization of the Bureau of Indian Affairs,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE, TABLE OF CONTENTS, AND DEFINITIONS.
(a) Short Title: This Act may be cited as the `Bureau of Indian
Affairs Reorganization Act of 1995'.
(b) Table of Contents: The table of contents for this Act is as
follows:
Sec. 1. Short title, definitions, and table of contents.
TITLE I--REORGANIZATION COMPACTS
Sec. 101. Reorganization of area offices.
Sec. 102. Reorganization of agency offices.
Sec. 103. Reorganization of central office.
Sec. 104. Savings provisions.
Sec. 105. Additional conforming amendments.
Sec. 106. Authorization of appropriations.
Sec. 107. Effective date.
Sec. 108. Separability.
Sec. 109. Suspension of certain administrative actions.
Sec. 110. Statutory construction.
TITLE II--AMENDMENT TO THE INDIAN SELF-DETERMINATION ACT
Sec. 201. Budget development.
TITLE III--REFORM OF THE REGULATIONS OF THE BUREAU OF INDIAN AFFAIRS
Sec. 301. BIA Manual.
Sec. 302. Task force.
Sec. 303. Authorization of appropriations.
(c) Definitions: For purposes of this Act, the following
definitions shall apply:
(1) Area office: The term `area office' means 1 of the 12
area offices of the Bureau of Indian Affairs.
(2) Area office plan: The term `area office plan' means a
plan for the reorganization of an area office negotiated by the
Secretary and Indian tribes pursuant to section 101.
(3) Agency office: The term `agency office' means an agency
office of the Bureau of Indian Affairs.
(4) Agency office plan: The term `agency office plan' means a
plan for the reorganization of an agency office negotiated by
the Secretary and Indian tribes pursuant to section 102.
(5) BIA manual: The term `BIA Manual' means the most recent
edition of the Bureau of Indian Affairs Manual issued by the
Department of the Interior.
(6) Bureau: The term `Bureau' means the Bureau of Indian
Affairs.
(7) Central office: The term `central office' means the
central office of the Bureau, that is housed in the offices of
the Department in Washington, D.C. and in Albuquerque, New
Mexico.
(8) Central office plan: The term `central office plan' means
the plan for the reorganization of the central office
negotiated by the Secretary and Indian tribes pursuant to
section 103.
(9) Department: The term `Department' means the Department of
the Interior.
(10) Director: The term `Director' means, with respect to an
area office, the Director of the area office.
(11) Function: The term `function' means any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
(12) Indian tribe: The term `Indian tribe' has the same
meaning as in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)).
(13) Secretary: The term `Secretary' means the Secretary of
the Interior.
(14) Superintendent: The term `Superintendent' means the
Superintendent of an agency office.
(15) Tribal priority allocation account: The term `tribal
priority allocation account', means an account so designated by
the Bureau, with respect to which program priorities and
funding levels are established by individual Indian tribes.
(16) Tribal recurring base funding: The term `tribal
recurring base funding' means recurring base funding (as
defined and determined by the Secretary) for the tribal
priority allocation accounts of an Indian tribe allocated to a
tribe by the Bureau.
TITLE I--REORGANIZATION COMPACTS
SEC. 101. REORGANIZATION OF AREA OFFICES.
(a) In General: Notwithstanding any other provision of law, not
later than 120 days after the date of enactment of this Act, the
Secretary shall enter into negotiations with the Indian tribes
served by each area office to prepare a reorganization plan for the
area office.
(b) Contents of Area Office Plans:
(1) In general: Each area office plan that is prepared
pursuant to this subsection shall provide for the organization
of the area office covered under the plan. To the extent that
the majority of Indian tribes served by the area office do not
exercise the option to maintain current organizational
structures, functions, or funding priorities pursuant to
paragraph (2), the reorganization plan shall provide, with
respect to the area office covered under the plan, for--
(A) the reorganization of the administrative structure of
the area office;
(B) the reallocation of personnel (including
determinations of office size and functions);
(C) the delegation of authority of the Secretary to the
Director;
(D) transfers of functions;
(E) the specification of functions--
(i) retained by the Bureau; or
(ii) transferred to Indian tribes served by the area
office;
(F) the issuance of waivers or other authorities by the
Secretary so that functions and other responsibilities of
the Secretary may be carried out by the area office or
transferred to Indian tribes;
(G) the promulgation of revised regulations relating to
the functions of the area office that are performed by the
area office or transferred to Indian tribes;
(H) the reordering of funding priorities; and
(I) a formula for the transfer, to the tribal recurring
base funding for each Indian tribe served by the area
office, of unexpended balances of appropriations and other
Federal funds made available to the area office in
connection with any function transferred to Indian tribes
pursuant to subparagraph (E)(ii).
(2) Share of funding: An area office plan may include, for
each Indian tribe served by the area office, a determination of
the share of the Indian tribe of the funds used by the area
office to carry out programs, services, functions and
activities of the tribe (referred to in this subsection as the
`tribal share').
(3) Option of maintenance of current status: At the option of
a majority of the Indian tribes served by an area office, a
reorganization plan may provide for the continuation of
organizational structures, functions, or funding priorities of
the area office that are substantially similar to those in
effect at the time of the development of the area office plan.
(4) Approval of area office plan by indian tribes: Upon
completion of the negotiation of an area office plan, the
Secretary shall submit the plan to the Indian tribes served by
the area office for approval. If a majority of the Indian
tribes approve the area office plan by a tribal resolution
pursuant to the applicable procedures established by the Indian
tribes, the Secretary shall enter into a reorganization compact
pursuant to subsection (c).
(5) Single tribe area office: In an area office that serves
only 1 Indian tribe, if the tribe elects to develop a
reorganization plan for the area office, the Secretary shall
enter into negotiations with the tribe to prepare a
reorganization plan for the area office. Not later than 60 days
after the date on which a reorganization plan referred to in
the preceding sentence is approved by the Indian tribe, the
Secretary shall enter into a reorganization compact with the
tribe to carry out the area office plan.
(6) Option to take tribal share:
(A) In general: If a majority of the Indian tribes served
by an area office fail to approve an area office plan, an
Indian tribe may elect to receive directly the tribal share
of the Indian tribe.
(B) Determination of tribal share: If an Indian tribe
elects to receive a tribal share under subparagraph (A),
the Secretary shall enter into negotiations with the Indian
tribe to determine the tribal share of the Indian tribe.
(C) Agreement: Upon the determination of a tribal share
of an Indian tribe under subparagraph (B), the Secretary
shall enter into an agreement with the Indian tribe for
transferring directly to the Indian tribe an amount equal
to the tribal share. The agreement shall include--
(i) a determination of the amount of residual Federal
funds to be retained by the Secretary for the area
office; and
(ii) the responsibilities of--
(I) the area office; and
(II) the Indian tribe.
(c) Area Office Reorganization Compact:
(1) In general: Not later than 60 days after the date on
which a majority of the Indian tribes served by the area office
that is the subject of a reorganization plan have approved the
plan pursuant to subsection (b)(3), the Secretary shall enter
into an area office reorganization compact with the Indian
tribes to carry out the area office plan (referred to in this
subsection as the `area office reorganization compact'). The
Secretary may not implement the area office plan until such
time as the Indian tribes have entered into an area office
reorganization compact with the Secretary pursuant to this
paragraph. If the Indian tribes do not enter into an area
office reorganization compact with the Secretary pursuant to
this paragraph, the organizational structure, functions, and
funding priorities of the area office in effect at the time of
the development of the area office plan shall remain in effect.
(2) Prohibition against certain limitations: With respect to
an Indian tribe that is not a party to an area office
reorganization compact entered into by the Secretary under this
subsection, nothing in this section may limit or reduce the
level of any service or funding that the Indian tribe is
entitled to pursuant to applicable Federal law (including any
contract that the Indian tribe is entitled to enter into
pursuant to applicable Federal law).
SEC. 102. REORGANIZATION OF AGENCY OFFICES.
(a) In General: Notwithstanding any other provision of law, not
later than 120 days after the date of enactment of this Act, the
Secretary, acting through the Superintendent (or a designee of the
Superintendent) of each agency office, shall enter into
negotiations with the Indian tribes served by each agency office to
prepare an agency office plan for each agency office.
(b) Contents of Agency Office Plans:
(1) In general: Each agency office plan that is prepared by
the Secretary pursuant to this subsection shall provide for the
organization of the agency office covered under the plan. To
the extent that the majority of Indian tribes served by the
agency office do not exercise the option to maintain current
organizational structures, functions, or funding priorities
pursuant to paragraph (2), the agency office plan shall
provide, with respect to the agency office covered under the
agency office plan, for--
(A) the reorganization of the administrative structure of
the agency office;
(B) the reallocation of personnel (including
determinations of office size and functions);
(C) the delegation of authority of the Secretary to the
Superintendent;
(D) transfers of functions;
(E) the specification of functions--
(i) retained by the Bureau; or
(ii) transferred to Indian tribes served by the
agency office;
(F) the issuance of waivers or other authorities by the
Secretary so that functions and other responsibilities of
the Secretary may be carried out by the agency office or
transferred to Indian tribes;
(G) the promulgation of revised regulations relating to
the functions of the agency office that are carried by the
agency office or transferred to Indian tribes;
(H) the reordering of funding priorities; and
(I) a formula for the transfer, to the tribal recurring
base funding for each Indian tribe served by the agency
office, of unexpended balances of appropriations and other
Federal funds made available to the agency office in
connection with any function transferred to Indian tribes
pursuant to subparagraph (E)(ii).
(2) Share of funding: An agency office plan may include, for
each Indian tribe served by the agency office, a determination
of the share of the Indian tribe of the funds used by the
agency office to carry out programs, services, functions and
activities of the tribe (referred to in this subsection as the
`tribal share').
(3) Option of maintenance of current status: At the option of
a majority of the Indian tribes served by an agency office, an
agency office plan may provide for the continuation of
organizational structures, functions, or funding priorities of
the agency office that are substantially similar to those in
effect at the time of the development of the agency office plan.
(4) Approval of agency office plan by indian tribes: Upon
completion of the negotiation of an agency office plan, the
Secretary shall submit the agency office plan to the Indian
tribes served by the agency office for approval. If a majority
of the Indian tribes approve the agency office plan by a tribal
resolution pursuant to the applicable procedures established by
the Indian tribes, the Secretary shall enter into a
reorganization compact pursuant to subsection (c).
(5) Single tribe agency office: In an agency office that
serves only 1 Indian tribe, if the tribe elects to develop a
reorganization plan for the agency office, the Secretary shall
enter into negotiations with the tribe to prepare a
reorganization plan for the agency office. Not later than 60
days after the date on which a reorganization plan referred to
in the preceding sentence is approved by the Indian tribe, the
Secretary shall enter into a reorganization compact with the
tribe to carry out the agency office plan.
(6) Option to take tribal share:
(A) In general: If a majority of the Indian tribes served
by an agency office fail to approve an agency office plan,
an Indian tribe may elect to receive directly the tribal
share of the Indian tribe.
(B) Determination of tribal share: If an Indian tribe
elects to receive a tribal share under subparagraph (A),
the Secretary shall enter into negotiations with the Indian
tribe to determine the tribal share of the Indian tribe.
(C) Agreement: Upon the determination of a tribal share
of an Indian tribe under subparagraph (B), the Secretary
shall enter into an agreement with the Indian tribe for
transferring directly to the Indian tribe an amount equal
to the tribal share. The agreement shall include--
(i) a determination of the amount of residual Federal
funds to be retained by the Secretary for the agency
office; and
(ii) the responsibilities of--
(I) the agency office; and
(II) the Indian tribe.
(c) Agency Office Reorganization Compacts:
(1) In general: Not later than 60 days after the date on
which a majority of the Indian tribes served by the agency
office that is the subject of an agency office plan have
approved the agency office plan pursuant to subsection (b)(3),
the Secretary shall enter into a reorganization compact with
the Indian tribes to carry out the agency office plan (referred
to in this subsection as the `agency office reorganization
compact'). The Secretary may not implement the agency office
plan until such time as the Indian tribes have entered into an
agency office reorganization compact with the Secretary
pursuant to this paragraph. If the Indian tribes do not enter
into an agency office reorganization compact with the Secretary
pursuant to this paragraph, the organizational structure,
functions, and funding priorities of the agency office in
effect at the time of the development of the agency office plan
shall remain in effect.
(2) Prohibition against certain limitations: With respect to
an Indian tribe that is not a party to an agency office
reorganization compact entered into under this subsection,
nothing in this section may limit or reduce the level of any
service or funding that the Indian tribe is entitled to
pursuant to applicable Federal law (including any contract that
the Indian tribe is entitled to enter into pursuant to
applicable Federal law).
(3) Coordination with area office plans: Each agency office
reorganization compact entered into by the Secretary under this
subsection shall specify that in the event that the Secretary
determines that the agency office reorganization compact is
inconsistent with an area office reorganization compact entered
into under section 101(c), the Secretary, in consultation with
the Indian tribes that are parties to the compact, shall make
such amendments to the agency office reorganization compact
entered into under this subsection as are necessary to ensure
consistency with the applicable area office plan.
SEC. 103. REORGANIZATION OF CENTRAL OFFICE.
(a) In General: Notwithstanding any other provision of law, not
later than 120 days after the date of enactment of this Act, the
Secretary shall enter into negotiations with Indian tribes to
develop a central office plan. In developing the plan, the
Secretary shall enter into negotiations on an area-by-area basis
with a representative from each of the Indian tribes in each area,
to determine the appropriate allocation of personnel and funding
made available to the central office to serve the area and agency
offices and Indian tribes in each area office.
(b) Content of Central Office Plan:
(1) In general: The central office plan shall provide for
determinations by the Secretary, on the basis of the
negotiations described in subparagraph (a), concerning--
(A) which portion of the funds made available to the
Secretary for the central office shall--
(i) be used to support the area and agency offices in
each area; and
(ii) be considered excess funds that may be allocated
directly to Indian tribes in each area pursuant to a
formula developed pursuant to paragraph (2)(J); and
(B) the allocation of the personnel of the central office
to provide support to the area and agency offices.
(2) Reallocation of funds and personnel: In developing the
central office plan, to the extent that the Secretary and the
Indian tribes do not exercise the option to maintain current
organizational structures, functions, or funding priorities,
the central office plan shall provide, to the extent necessary
to accommodate the determinations made under paragraph (1), for--
(A) the reorganization of the administrative structure of
the central office;
(B) the reallocation of personnel (including
determinations of office size and functions);
(C) the delegation of authority of the Secretary carried
out through the central office to the Directors,
Superintendents, or Indian tribes;
(D) transfers of functions;
(E) the specification of functions--
(i) retained by the central office; or
(ii) transferred to area offices, agency offices or
Indian tribes;
(F) the issuance of waivers or other authorities by the
Secretary so that functions and other responsibilities of
the Secretary may be carried out by the central office or
transferred to area offices, agency offices, or Indian
tribes;
(G) the promulgation of revised regulations relating to
the functions of the central office that are carried by the
central office or transferred to area offices, agency
offices, or Indian tribes;
(H) the reordering of funding priorities;
(I) allocation formulas to provide for the remaining
services to be provided to the area and agency offices and
Indian tribes by the central office; and
(J) with respect to the allocation of funds to the area
and agency offices and Indian tribes in each area, a
formula, negotiated with the tribal representatives
identified in subsection (a), for the allocation to the
Indian tribes of a portion of excess funds described in
paragraph (1)(A)(ii).
(c) Central Office Reorganization Compacts:
(1) In general: Not later than 60 days after the Secretary
develops a central office plan pursuant to subsection (a), the
Secretary shall, for each area office, enter into a central
office reorganization compact with the Indian tribes in that
area to implement the central office plan (referred to in this
subsection as the `central office reorganization compact'). The
Secretary may not implement the component of a central office
plan relating to an area until such time as a majority of the
Indian tribes in that area have entered into a central office
reorganization compact. If a majority of the Indian tribes in
an area do not enter into a central reorganization compact with
the Secretary pursuant to this paragraph, the organizational
structure, functions, and funding priorities of the central
office relating to the area and agency offices and Indian
tribes in that area and in effect at the time of the
development of the central office plan shall remain in effect.
(2) Coordination with area and agency office plans: Each
central office reorganization compact entered into by the
Secretary under this subsection shall specify that in the event
the Secretary determines that a central office reorganization
compact is inconsistent with a related area office
reorganization compact entered into under section 101(c) or a
related agency office reorganization compact entered into under
section 102(c), the Secretary, in consultation with the Indian
tribes that are parties to the central office reorganization
compact, shall amend the compact to make such modifications as
are necessary to ensure consistency with the applicable area or
agency office plan.
SEC. 104. SAVINGS PROVISIONS.
(a) In General: All orders, determinations, rules, regulations,
permits, agreements, grants, contracts, certificates, licenses,
registrations, privileges, and other administrative actions--
(1) that have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of any function that is transferred to Indian
tribes pursuant to a reorganization compact that the Secretary
enters into pursuant to section 101, 102, or 103; and
(2) that are in effect on the effective date of the
reorganization compact, or were final before the effective date
of the reorganization compact and are to become effective on or
after such date;
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with
law by the President, the Secretary, or other authorized official,
a court of competent jurisdiction, or by operation of law.
(b) Proceedings Not Affected:
(1) In general: The provisions of a reorganization compact
that the Secretary enters into pursuant to section 101, 102, or
103 shall not affect any proceedings, including notices of
proposed rulemaking, or any application for any license,
permit, certificate, or financial assistance pending before the
Bureau at the time the reorganization compact takes effect,
with respect to the functions transferred by the reorganization
compact.
(2) Continuation of proceedings: The proceedings and
applications referred to in paragraph (1) shall be continued.
Orders shall be issued in such proceedings, appeals shall be
taken from such orders, and payments shall be made pursuant to
such orders, as if the compact had not been entered into, and
orders issued in any such proceedings shall continue in effect
until modified, terminated, superseded, or revoked by a duly
authorized official, by a court of competent jurisdiction, or
by operation of law.
(3) Statutory construction: Nothing in this subsection shall
be deemed to prohibit the discontinuance or modification of any
such proceeding under the same terms and conditions and to the
same extent that such proceeding could have been discontinued
or modified if this title had not been enacted.
(c) Nonabatement of Actions: No suit, action, or other proceeding
commenced by or against the Bureau or by or against any individual
in the official capacity of such individual as an officer of the
Bureau shall abate by reason of the enactment of this title.
SEC. 105. ADDITIONAL CONFORMING AMENDMENTS.
(a) Recommended Legislation: After consultation with Indian
tribes, the appropriate committees of the Congress and the Director
of the Office of Management and Budget, the Secretary shall prepare
and submit to the Congress recommended legislation containing
technical and conforming amendments to reflect the changes made
pursuant to this title.
(b) Submission to the Congress: Not later than 120 days after the
effective date of this title, the Secretary
shall submit to the Congress the recommended legislation referred
to in subsection (a).
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
SEC. 107. EFFECTIVE DATE.
This title shall take effect on the date of enactment of this Act.
SEC. 108. SEPARABILITY.
If a provision of this title or its application to any person or
circumstance is held invalid, neither the remainder of this title
nor the application of the provision to other persons or
circumstances shall be affected.
SEC. 109. SUSPENSION OF CERTAIN ADMINISTRATIVE ACTIONS.
(a) In General: Notwithstanding any other provision of law,
during the 2-year period beginning on the date of enactment of this
Act, the Secretary shall suspend the implementation of all
administrative activities that affect the Bureau of Indian Affairs
associated with reinventing government, national performance
review, or other downsizing initiatives.
(b) Consideration of Compacts: During the period specified in
subsection (a), the reorganization compacts entered into under this
title shall be deemed to satisfy the goals of the initiatives
referred to in subsection (a).
SEC. 110. STATUTORY CONSTRUCTION.
Nothing in this title may be construed to alter or diminish the
Federal trust responsibility to Indian tribes, individual Indians,
or Indians with trust allotments.
TITLE II--AMENDMENT TO THE INDIAN SELF-DETERMINATION ACT
SEC. 201. BUDGET DEVELOPMENT.
The Indian Self-Determination Act (25 U.S.C. 450f et seq.), as
amended by the Tribal Self-Governance Act of 1994, is amended by
adding at the end the following new title:
`TITLE V--BUDGET DEVELOPMENT
`SEC. 501. PARTICIPATION OF INDIAN TRIBES IN THE DEVELOPMENT OF
BUDGET REQUESTS.
`(a) Budget Requests for the Bureau of Indian Affairs:
Notwithstanding any other provision of law, not later than 120 days
after the date of enactment of this title, the Secretary of the
Interior shall establish a program--
`(1) to provide information to Indian tribes concerning the
development of budget requests for the Bureau of Indian Affairs
that are submitted to the President by the Secretary of the
Interior for inclusion in the annual budget of the President
submitted to the Congress pursuant to section 1108 of title 31,
United States Code; and
`(2) to ensure, to the maximum extent practicable, the
participation by each Indian tribe in the development of the
budget requests referred to in paragraph (1).
`(b) Budget Requests for the Indian Health Service:
Notwithstanding any other provision of law, not later than 120 days
after the date of enactment of this title, the Secretary of Health
and Human Services shall establish a program--
`(1) to provide information to Indian tribes concerning the
development of budget requests by the Secretary of Health and
Human Services for the Indian Health Service that are submitted
to the President by the Secretary for inclusion in the annual
budget referred to in subsection (a)(1); and
`(2) to ensure, to the maximum extent practicable, the
participation by each Indian tribe in the development of the
budget requests referred to in paragraph (1).
`(c) Requirements for Programs:
`(1) In general: Each program established under this section
shall, to the maximum extent practicable--
`(A) provide for the estimation of--
`(i) the funds authorized to be appropriated on an
annual basis for the benefit of Indian tribes; and
`(ii) for each Indian tribe, the portion of the funds
described in clause (i) that will be provided for the
benefit of the Indian tribe;
`(B) provide, for each Indian tribe--
`(i) the opportunity to establish priorities for
using the estimated funds described in subparagraph
(A)(ii); and
`(ii) flexibility in the design of tribal and Federal
programs that receive Federal funds to best meet the
needs of the community served by the Indian tribe; and
`(C) provide for the collection and dissemination of
information that is necessary for effective planning,
evaluation, and reporting by the Secretary of the Interior
or the Secretary of Health and Human Services and Indian
tribes concerning the comparative social and public health
conditions of Indian communities (as defined and determined
by the Secretary of the Interior and the Secretary of
Health and Human Services) at local, regional, and national
levels.
`(2) Duties of the secretaries: In carrying out the programs
established under this section, the Secretary of the Interior
and the Secretary of Health and Human Services shall--
`(A) use any information provided by Indian tribes
concerning the priorities referred to in paragraph (1)(B);
`(B) support the creation of stable recurring base
funding (as defined and determined by each such Secretary)
for each Indian tribe;
`(C) seek to maintain stability in the planning and
allocation of the amounts provided for in the budget of the
Bureau of Indian Affairs and the Indian Health Service for
Indian tribes; and
`(D) assess the Federal programs or assistance provided
to each Indian tribe to determine--
`(i) the relative need for providing Federal funds to
carry out each such program; and
`(ii) the amount of recurring base funding available
to each Indian tribe to carry out each such program.
`(3) Contracts, grants, and annual funding agreements: To
provide, to the maximum extent practicable, for the full
participation by the governing bodies of Indian tribes on an
effective government-to-government basis in carrying out the
collection and sharing of information under this section, the
Secretary of the Interior or the Secretary of Health and Human
Services may--
`(A) enter into a self-determination contract with an
Indian tribe or make a grant to an Indian tribe pursuant to
section 102 or 103;
`(B) with respect to the Secretary of Health and Human
Services, enter into a funding agreement with a
participating Indian tribe pursuant to title III; and
`(C) with respect to the Secretary of the Interior, enter
into a funding agreement with a participating Indian tribe
pursuant to title IV.
`SEC. 502. ASSESSMENT METHODOLOGY.
`(a) In General: Not later than 180 days after the date of
enactment of this title, the Secretary shall, in cooperation with
Indian tribes, and in accordance with the negotiated rulemaking
procedures under subchapter III of chapter 5 of title 5, United
States Code, promulgate standardized assessment methodologies to be
used in carrying out any budget determination for the Bureau of
Indian Affairs concerning the levels of funding that are necessary
to fund each program area (as defined and determined by the
Secretary) of the Bureau.
`(b) Participation by Indian Tribes: In carrying out subsection
(a), the Secretary shall take such action as may be necessary to
ensure, to the maximum extent practicable, the direct and active
participation of Indian tribes at the local, regional, and national
levels in the negotiated rulemaking process specified in subchapter
III of chapter 5 of title 5, United States Code.
`(c) Committee:
`(1) Composition: The negotiated rulemaking committee
established pursuant to section 565 of title 5, United States
Code, to carry out subsection (a) shall only be comprised of--
`(A) individuals who represent the Federal Government; and
`(B) individuals who represent Indian tribes.
`(2) Representation by indian tribes: A majority of the
members of the committee referred to in paragraph (1) shall be
individuals who represent Indian tribes.
`(d) Adaptation of Procedures: The Secretary shall adapt the
negotiated rulemaking procedures carried out under this section in
the same manner as the Secretary adapts, in accordance with section
407(c), the procedures carried out pursuant to section 407.
`SEC. 503. REPORTS TO THE CONGRESS.
`(a) Report on Budget Needs: Not later than the earliest date
after the date of promulgation of the regulations under section 502
on which the Secretary of the Interior submits a budget request to
the President for inclusion in the annual budget of the President
submitted to the Congress pursuant to section 1108 of title 31,
United States Code, and annually thereafter, the Secretary shall
prepare and submit to the President a report that--
`(1) describes the standardized methodologies that are the
subject of the regulations promulgated pursuant to section 502;
and
`(2) includes--
`(A) for each program area of the Bureau of Indian
Affairs, an assessment of the level of funding that is
necessary to fund the program area; and
`(B) for each Indian tribe served by a program area
referred to in paragraph (2)--
`(i) an assessment of the level of funding that is
necessary for each Indian tribe served by the program
area;
`(ii) the total amount of funding necessary to cover
all program areas with respect to which the tribe
receives services (as determined by taking the
aggregate of the applicable amounts determined under
paragraph (3)); and
`(iii) a breakdown, for each program area with
respect to which the Indian tribe receives service, of
the amount determined under clause (ii).
`SEC. 504. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated such sums as may be
necessary to carry out this title.'.
TITLE III--REFORM OF THE REGULATIONS OF THE BUREAU OF INDIAN AFFAIRS
SEC. 301. BIA MANUAL.
(a) In General: Not later than 180 days after the date of
enactment of this Act, the Secretary shall--
(1) conduct a review of all provisions of the BIA Manual;
(2) promulgate as proposed regulations those provisions of
the BIA Manual that the Secretary deems necessary for the
efficient implementation of the Federal functions retained by
the Bureau under the reorganization compacts authorized by this
Act; and
(3) revoke all provisions of the BIA Manual that are not
promulgated as proposed regulations under paragraph (2).
(b) Consultation With Indian Tribes: In carrying out subsection
(a), the Secretary shall, to the maximum extent practicable,
consult with Indian tribes in such manner as to provide for the
full participation of Indian tribes.
SEC. 302. TASK FORCE.
(a) Establishment of Task Force:
(1) In general: Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a task
force on regulatory reform (referred to in this section as the
`task force').
(2) Duties: The task force shall--
(A) review the regulations under title 25, Code of
Federal Regulations; and
(B) make recommendations concerning the revision of the
regulations.
(3) Membership: The task force shall be composed of 16
members, including 12 members who are representatives of Indian
tribes from each of the 12 areas served by area offices.
(4) Initial meeting: Not later than 60 days after the date on
which all members of the task force have been appointed, the
task force shall hold its first meeting.
(5) Meetings: The task force shall meet at the call of the
Chairperson.
(6) Quorum: A majority of the members of the task force shall
constitute a quorum, but a lesser number of members may hold
hearings.
(7) Chairperson: The task force shall select a Chairperson
from among its members.
(b) Reports:
(1) Reports to secretary: The task force shall submit to the
Secretary such reports as the Secretary determines to be
appropriate.
(2) Reports to the congress and to indian tribes: In addition
to submitting the reports described in paragraph (1), not later
than 120 days after its initial meeting, the task force shall
prepare, and submit to the Congress and to the governing body
of each Indian tribe, a report that includes--
(A) the findings of the task force concerning the review
conducted pursuant to subsection (a)(2)(A); and
(B) the recommendations described in subsection (a)(2)(B).
(c) Powers of the Task Force:
(1) Hearings: The task force may hold such hearings, sit and
act at such times and places, take such testimony, and receive
such evidence as the task force considers advisable to carry
out the duties of the task force specified in subsection (a)(2).
(2) Information from federal agencies: The task force may
secure directly from any Federal department or agency such
information as the task force considers necessary to carry out
the duties of the task force specified in subsection (a)(2).
(3) Postal services: The task force may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(4) Gifts: The task force may accept, use, and dispose of
gifts or donations of services or property.
(d) Task Force Personnel Matters:
(1) Compensation of members: Each member of the task force
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the task
force. All members of the task force who are officers or
employees of the United States shall serve without compensation
in addition to that received for their services as officers or
employees of the United States.
(2) Travel expenses: The members of the task force shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the task force.
(3) Staff:
(A) In general: The Chairperson of the task force may,
without regard to the civil service laws, appoint and
terminate such personnel as may be necessary to enable the
task force to perform its duties.
(B) Procurement of temporary and intermittent services:
The Chairperson of the task force may procure temporary and
intermittent service under section 3109(b) of title 5,
United States Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of such title.
(e) Termination of Task Force: The task force shall terminate 30
days after the date on which the task force submits its reports to
the Congress and to Indian tribes under subsection (b)(2).
(f) Exemption From Federal Advisory Committee Act: All of the
activities of the task force conducted under this title shall be
exempt from the Federal Advisory Committee Act (5 U.S.C. App.).
(g) Prohibition: Beginning on the date of enactment of this Act,
the Secretary may not--
(1) promulgate any unpublished regulation or agency guidance
that affects Indian tribes; or
(2) impose any nonregulatory requirement that affects Indian
tribes.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
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