P.L. 106-260, Enacted 8/18/00
Section 5. Amends “The Indian Self-Determination and Education Assistance Act” by adding at the end the following:
``TITLE VI--TRIBAL SELF-GOVERNANCE–DEPARTMENT OF HEALTH AND HUMAN SERVICES
``SEC. 601. DEFINITIONS.
``(a) In General.--In this title, the Secretary may apply the definitions
contained in title V.
``(b) Other Definitions.--In this title:
``(1) Agency.--The term `agency' means any agency or other organizational
unit of the Department of Health and Human Services, other than the Indian
Health Service.
``(2) Secretary.--The term `Secretary' means the Secretary of Health and
Human Services.
``SEC. 602. DEMONSTRATION PROJECT FEASIBILITY.
``(a) Study.--The Secretary shall conduct a study to determine the feasibility
of a tribal self-governance demonstration project for appropriate programs,
services, functions, and activities (or portions thereof ) of the agency.
``(b) Considerations.--In conducting the study, the Secretary shall consider--
``(1) the probable effects on specific programs and program beneficiaries
of such a demonstration project;
``(2) statutory, regulatory, or other impediments to implementation of such
a demonstration project;
``(3) strategies for implementing such a demonstration project;
``(4) probable costs or savings associated with such a demonstration project;
``(5) methods to assure quality and accountability in such a demonstration
project; and
``(6) such other issues that may be determined by the Secretary or developed
through consultation pursuant to section 603.
``(c) Report.--Not later than 18 months after the date of the enactment of
this title, the Secretary shall submit a report to the Committee on Indian
Affairs of the Senate and the Committee on Resources of the House of
Representatives. The report shall contain--
``(1) the results of the study under this section;
``(2) a list of programs, services, functions, and activities (or portions
thereof ) within each agency with respect to which it would be feasible to
include in a tribal self-governance demonstration project;
``(3) a list of programs, services, functions, and activities (or portions
thereof ) included in the list provided pursuant to paragraph (2) that could
be included in a tribal self-governance demonstration project without amending
statutes, or waiving regulations that the Secretary may not waive;
``(4) a list of legislative actions required in order to include those programs,
services, functions, and activities (or portions thereof ) included in the
list provided pursuant to paragraph (2) but not included in the list provided
pursuant to paragraph (3) in a tribal self-governance demonstration project;
and
``(5) any separate views of tribes and other entities consulted pursuant
to section 603 related to the information provided pursuant to paragraphs
(1) through (4).
``SEC. 603. CONSULTATION.
``(a) Study Protocol.--
``(1) Consultation with indian tribes.--The Secretary shall consult with
Indian tribes to determine a protocol for consultation under subsection (b)
prior to consultation under such subsection with the other entities described
in such subsection.
``(2) Requirements for protocol.--The protocol shall require, at a minimum,
that--
``(A) the government-to-government relationship with Indian tribes forms
the basis for the consultation process;
``(B) the Indian tribes and the Secretary jointly conduct the consultations
required by this section; and
``(C) the consultation process allows for separate and direct recommendations
from the Indian tribes and other entities described in subsection (b).
``(b) Conducting Study.--In conducting the study under this title, the Secretary
shall consult with Indian tribes, States, counties, municipalities, program
beneficiaries, and interested public interest groups, and may consult with
other entities as appropriate.
``SEC. 604. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as may be necessary to
carry out this title, Such sums shall remain available until expended.''.