PROVISIONS
of
Public Law 106-260

Regarding Self-Governance Demonstration Feasibility Study:

As directed in the law, the study (and report) required by the Congress in Title VI of the "Tribal Self-Governance Amendments Act of 2000," P.L. 106-260 (click here for full text of the law), which is supposed to provide advice to the Congress regarding the feasibility of including particular programs in a Tribal self-governance demonstration project, must address the following questions:

• probable effects on specific programs and program beneficiaries of such a demonstration project;
• statutory, regulatory, or other impediments to implementation of such a demonstration project;
• strategies for implementing such a demonstration project;
• probable costs or savings associated with such a demonstration project;
• methods to assure quality and accountability in such a demonstration project; and
• such other issues that may be determined by the Secretary (of the Department of Health and Human Services) or developed through consultation.

In consultation with the Tribes, a study protocol must first be developed requiring that:

• the Secretary consult with Indian tribes and "other entities" ["States, counties, municipalities, program beneficiaries, interested public interest groups (sic), and other entities as appropriate"];
• the basis for the consultation process is a government-to-government relationship with Indian tribes;
• the consultation be conducted jointly by Tribes and the Secretary; and that
• the consultation process allow for separate and direct recommendations from the Indian tribes and other entities.

To see the protocol click here.

By February 18, 2001, the Secretary must submit a report to the Committee on Indian Affairs of the Senate and the Committee on Resources of the House of Representatives which contains

1. the results of the study described above;
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 in item 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, in a tribal self-governance demonstration project, those programs, services, functions, and activities (or portions thereof) included in the list in item 2 but not included in the list in item 3;
5. any separate views, regarding items 1-4 above, of tribes and other entities consulted.

INHERENT GOVERNMENT FUNCTIONS -- Although not discussed in this Act, a key element that will need to be considered by the Department and Tribes as they analyze the feasibility of conducting a program, service, function, or activity (PSFA) to self-governance is whether the PSFA is an "inherently governmental function" which therefore cannot be included. Identitification and treatment of inherently governmental functions are discussed at length in recent law and Office of Management and Budget guidance.

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This Page Last Updated on November 29, 2000.