Tribal Self-governance Demonstration Feasibility Study. Appendix A

03/01/2003

Tribal Self-Governance Amendments of 2000
(P.L. 106-260, Enacted 8/18/00)

Section 5.

The Indian Self-Determination and Education Assistance Act is amended by adding at the end the following:

TITLE VI--TRIBAL SELF-GOVERNANCE-DEPARTMENT OF HEALTH AND HUMAN SERVICES

SEC. 601. DEFINITIONS.

  1. In General.--In this title, the Secretary may apply the definitions contained in title V.
  2. 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.

  1. 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.
  2. 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.
  3. 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.

  1. 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--
      1. the government-to-government relationship with Indian tribes forms the basis for the consultation process;
      2. the Indian tribes and the Secretary jointly conduct the consultations required by this section; and
      3. the consultation process allows for separate and direct recommendations from the Indian tribes and other entities described in subsection (b).
  2. 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.