Tribal Self-Governance Health Care and Social Services Delivery Effectiveness Evaluation Feasibility Study: Legislative History and Development of Tribal Self-Governance and Contracting. 4.5 The 1994 Amendments to Title I


In 1994 Congress again amended ISDEA, and, according to Congressman George Miller of California, it was amended “in response to the 6-year refusal of the Departments of the Interior and Health and Human Services to promulgate rules to carry out certain provisions in the [1988] act.” [92]   The 1994 amendments provided changes to streamline the contracting process, limit the Departments’ rulemaking authorities, and require the Departments of Interior and IHS to negotiate new regulations with Indian Tribes. [93]   Title I of the amendments became the Indian Self-Determination Contract Reform Act. [94]   Title II enacted Part D, the Tribal Self-Governance Act of 1994 [95] making Self-Governance in the Bureau of Indian Affairs and DOI programs permanent.

Congressman Miller further stated, “In order to prevent any further agency intransigence in promulgating regulations the 1994 amendments contained a sunset provision to terminate the Departments’ ability to issue regulations if regulations were not passed by June 1996.” [96]   Joint responsibility for consulting, negotiating, preparing, and publishing final regulations was given to both Departments of the Interior and Health and Human Services under ISDEA Section 107.  Final regulations implementing Indian Self Determination contracts were passed. [97]

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