The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TRIBAL SELF-GOVERNANCE AMENDMENTS OF 1997” mentioning the Department of Interior was published in the Extensions of Remarks section on pages E1147-E1148 on June 7, 1997.
The publication is reproduced in full below:
TRIBAL SELF-GOVERNANCE AMENDMENTS OF 1997
______
HON. GEORGE MILLER
of california
in the house of representatives
Saturday, June 7, 1997
Mr. MILLER of California. Mr. Speaker, today I am introducing the Tribal Self-Governance Amendments of 1997. I am pleased to have the chairman of Resources Committee, Representative Don Young, as an original cosponsor of this important measure, and similarly welcome Congressmen Dale Kildee, Eni Faleomavaega, and Patrick Kennedy as additional cosponsors.
The Tribal Self-Governance Amendments of 1997 establish a permanent self-governance program within the Department of Health and Human Services under which American Indian and Alaska Native tribes may enter into compacts with the Secretary for the direct operation, control, and redesign of Indian Health Service [IHS] activities. A limited number of Indian tribes have had a similar right since 1992 under title III of the Indiana Self-Determination and Education Assistance Act [the Act]. Title III contains authorization for a self-governance demonstration project within the IHS. And all Indian tribes have had a similar right to contract and operate individual IHS programs and functions under title I of the act since 1975, so called ``638 contracting''.
In brief, our legislation expands the number of tribes who can participate in self-governance, makes it a permanent fixture within the Department, allows but does not compel the Secretary to negotiate self-
governance compacts with Indian tribes for programs outside of the IHS on a demonstration project basis, and incorporates a number of Federal contracting laws and regulations that have worked well for Indian tribes and the Department in the past.
The legislation is modeled on existing self-governance legislation for tribal operation of programs within the Department of the Interior, as well as certain contracting terms incorporated in title I of the act. The legislation has had significant input and review by Indian tribes who have worked on this legislation for almost a year and have met twice, once in Las Vegas and once in St. Paul. Their help and patience has been considerable.
What the self-governance program does is give Indian tribes who met certain criteria--basically they have to have experience in government contracting, have clean books, and demonstrate management capability--
the right to take over the operation of Indian Health Service functions, including the funds necessary to run them. The aim of self-
governance is to remove the often needless and sometimes harmful layers of Federal bureaucracy that dictate Indian affairs. By giving tribes direct control over Federal programs run for their benefit and making them directly accountable to their members, Congress has enabled Indian tribes to run programs more efficiently and more innovatively than Federal officials have in the past. And, allowing tribes to run these programs furthers the congressional policy of strengthening and promoting tribal governments.
Self-governance is an evolution of the original 638 contracting law. Self-governance stands for the proposition that Indian tribes are legitimate sovereigns, fully capable of managing their own affairs and functioning as principled governments. Self-governance rejects the assumption that Indian tribes are incapable of managing their own affairs and thus seeks to reduce the role and presence of Federal officials. Self-governance recognizes that Indian tribes care for the health, safety, and welfare of their own members as well as that of non-Indians who either live on their reservations or conduct business with the tribes and are thus committed to safe and fair working conditions and practices.
The following are a few of the areas in which self-governance differs from 638 contracting law. Whereas a tribe choosing to assume programs with 638 contracts must execute a different contract for each program, self-governance allows the tribes and the IHS to execute just one large compact. Whereas a tribe with multiple 638 contracts cannot move funds from one program to another based on need or merit, self-governance permits tribes to shift funds where justified. Where 638 contracts limit a tribe's ability to redesign programs, self-governance compacts allow such redesign.
A brief section-by-section description follows:
101. Short Title. Tribal Self-Governance Amendments of 1997.
102. Findings. Self-Governance has worked well as a demonstration project and is in keeping with the federal trust responsibility and government-to-government relationship
103. Policy. Statement of Congressional policy calling for Dept. of Health and Human Services to promote Self-Governance program.
104. Creation of Title V of the Indian Self-Determination Act. As set forth below.
105. Establishment. Creates the Self-Governance program with the Department.
502. Definitions. Allows Indian tribes to join together to form consortia for purposes of compacting under the Act.
503. Selection of Tribes. Grandfathers in all tribes now participating in demonstration project. Allows for up to 50 new tribes a year to join the Self-Governance program. Requires that, in order to be eligible, a tribe must have completed a planning phase, passed a resolution requesting participation in the program, and proven that it has the financial stability and management capability to run a Self-Governance Program.
504. Compacts. Describes a Self-Governance compact between the Secretary and an Indian tribe, setting forth the general terms of agreement.
505. Funding Agreements. Describes the detailed funding arrangement by which the Secretary pays the tribe its share of funds necessary to run its portion of the IHS programs. Allows the Secretary to negotiate demonstration projects with Indian tribes for the operation of non-IHS programs within the Department but does not compel him to.
506. General Provisions. Describes the general provisions of the compacts and funding agreements. Includes provisions for audits, cost principles, and record keeping. Allows tribes with compacts to redesign IHS programs. Allows tribes to retrocede compacted programs back to the IHS. Allows tribes who formed a consortium to withdraw from the consortium.
507. Provisions Relating to Secretary. Allows the Secretary to impose additional reporting requirements on Indian tribes as long as they are not burdensome. Allows the Secretary to take back programs from a tribe if he finds that the tribe's operation of the program is endangering the health or welfare of people or that the tribe is mismanaging the program. Provides for a hearing on the record in such cases. Provides that when negotiating compact terms, if Secretary fails to reject tribe's offer, that offer is deemed accepted. Allows Secretary to reject tribe's offer if he finds that tribe's request exceeds allowable funding, the request is for operation of a function that cannot be delegated to tribes, or the tribe is not capable of running the program. Requires the Secretary to negotiate in good faith. Prevents the Secretary from waiving or diminishing the trust responsibility.
508. Transfer of Funds. Provides for prompt payment to tribes of funds necessary to run programs under Self-Governance. Provides that funds are available until expended. Requires Secretary to provide tribes with indirect costs. Allows Secretary to reduce amount of funds specified in contract when Congress reduces IHS appropriations. Allows tribes the same access to buildings, property and other resources that the federal government had. Allows tribes to retain interest on funding in keeping with present regulations.
509. Construction Projects. Exempts tribal construction compacts from Procurement Act and Federal Acquisition Regulations in keeping with existing Self-Governance law but requires compacts to incorporate health and safety standards.
510. Federal Procurement Laws. Exempts all tribal compacts from federal contracting laws in keeping with existing Self-Governance law.
511. Civil Actions. Provides tribes with access to federal courts in events of disputes.
512. Facilitation. Requires the Secretary to interpret laws and regulations in a manner that further Self-Governance compacting. Allows the Secretary to waive regulations where permitted by law. Allows the Secretary to donate excess property to tribes. Encourages the states to enter into agreements with tribes that supplement their Self-Governance compacts.
513. Budget Request. Requires that the Presidential budget request identify funding necessary to fund Self-Governance compacts, including the present level of funding for each tribe.
514. Reports. Provides for an annual Secretarial report to Congress on status of Self-Governance program.
515. Disclaimers. Provides that nothing in the Act shall be construed as diminishing the trust responsibility in any way. Exempts tribes from National Labor Relations Act as governmental entities in keeping with N.L.R.B. decisions.
516. Application of Other Sections. Incorporates parts of Title I (``638 contracting'') including penalties for criminal activities, wage and labor standards, liability insurance, retention of federal employee rights and benefits by tribal employees, leasing of tribal facilities, funding of indirect costs, preservation of tribal sovereign immunity, and Federal Tort Claims Act coverage.
517. Regulations. Requires the Secretary to publish draft regulations to carry out this Act within one year of enactment. Requires negotiated rulemaking with Indian tribes. Provides sunset clause eliminating Secretary's rulemaking authority if final regulations are not published within one year and nine months after the date of enactment.
518. Appeals. Sets the standard for burden of proof in cases of disputes. Provides that the Secretary bears the burden of proof of demonstrating by clear and convincing evidence his decisions.
519. Appropriations. Authorizes such sums as necessary.
In sum, self-governance is a program that represents that next step beyond 638 contracting. As a demonstration project in the IHS it has been a true success. The time has come to transform the demonstration project into a permanent program. I and my colleagues cosponsoring this measure urge support and passage of this measure.
____________________
