Tribal Self-Governance Health Care and Social Services Delivery Effectiveness Evaluation Feasibility Study: Legislative History and Development of Tribal Self-Governance and Contracting. Appendix 1. Indian Self-Determination and Education Assistance Act Tribal Self-Governance Act – Statutes and Regulations

01/24/2003

DATES                        STATUTES

January 4, 1975:            Indian Self-Determination and Education Assistance Act, PL 93-638

88 Stat. 2203, ISDEA.  Enacted Title I Indian Self-Determination Act

and Title II Indian Education Assistance Act.

April 3, 1984:                 1984 Amendment to ISDEA, PL 98-250, 98 Stat.118.  Made technical and clarifying language on US code sections.

December 22, 1987:       1987 Amendment to ISDEA, PL 100-202, 101 Stat.1329-213, 1329-246.

                                    Made technical and clarifying language on personal injury claims.

September 27, 1988:      1988 Amendment to ISDEA, PL 100-446, 102 Stat. 1817.

                                    Amended PL 100-202 clarifying claims filed by different persons.

October 5 ,1988:            1988 Amendment to ISDEA, PL 100-472, 102 Stat. 2285.

                                    Made technical clarifying language on policy, definitions, reporting and audit requirements, carryover of funds, contracts, grants, assignment of Federal employees, administrative provisions, payments, contract amounts, funding, accounting, indirect costs, rules and regulations, consultation, civil actions and disputes; renumbering of sections; and addition of Title III Tribal Self-Governance Demonstration Project for five years and addition of 20 Tribes. 

November 1, 1988:        1988 Amendment to ISDEA, PL 100-581, 102 Stat. 2941.

Made technical clarifying language on tribal organization, planning, annual reporting, Indian owned enterprises, notice and hearing, civil actions, and Equal Access to Justice.

May 24, 1990:               1990 Amendment to ISDEA, PL 101-301, 104 Stat. 4665.

Made technical clarifying language on Indian Tribe, grant or cooperative agreements, Single Agency Audit Act, construction contracts, agency personnel, notice and hearing, and contract amendment.

November 29, 1990:       1990 Amendment to ISDEA, PL 101-644,108 Stat. 4251.

Made technical clarifying language on mature contract, self-determination contract, funds paid, annual reporting, personal injury claims, contract term, fiscal year and amounts, property, dates, and revision of rules and regulations.

December 4, 1991:        1991 Amendment to ISDEA, PL 102-184

Extended the Tribal Self-Governance Demonstration Project for three additional years and the number of additional Tribes was increased to 30.

1992                             Amendments added – IHS Self –Governance demonstration

October 25, 1994:          1994 Amendment to ISDEA, PL 103-413, 108 Stat. 4250.

Made the Tribal Self-Governance Demonstration Project into a permanent program in Interior (Title IV) by enacting the Tribal Self-Governance Act of 1994; and authorized continuing participation of Tribes in the project.  Authorized up to 20 Tribes per year. 

February 12, 1996:         1996 Amendment to ISDEA, PL104-109.

An Act to make technical corrections and law related to Native Americans.  Section 403 amended to permit incorporation of self-determination provisions into funding agreements.

In addition, extended DOI Self-Governance provision to non-BIA, but non-BIA administration discretion retained by DOI.

September 30, 1996:      1996 Amendment to ISDEA, PL 104-208.

                                    Amended PL 103-413, to allow up to 50 Tribes per year to participate.

August 18, 2000:            2000 Amendments to ISDEA, PL 106-260, 114 Stat.711.

Added Title V Tribal Self-Governance for IHS programs and Title VI for a self-governance demonstration feasibility study; also provided technical clarifying language for other Titles.  Provides for additional Fed-Tribe negotiated rule-making authority.

AGENCY                   REGULATIONS

DOI/DHHS:              25 Code of Federal Regulations, Chapter V Part 900, “Contracts under the Indian Self-Determination and Education Assistance Act”.  Joint DOI/DHHS Indian Self-Determination Act contracting.

DOI:                                      25 Code of Federal Regulations, Chapter VI Part 1000, “Annual funding agreements under the Tribal Self-Governance Act amendments to the Indian Self-Determination Act.”

                                    25 Code of Federal Regulations, Chapter VI Part 1001, “Self-Governance Program.”

DHHS:                         Subchapter M – Indian Health Service, Department of Health and Human Services, Part 137 – Tribal Self-Governance. “Tribal Self-Governance”.  [NPRM Fed. Reg./vol.67, No. 31/ Thursday, February 14, 2002. Proposed Rules].  Final—May 2002, IHS self-government.

 

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