Summary: H.R.4842 — 103rd Congress (1993-1994)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (10/07/1994)


Title I: Indian Self-Determination Act Contracts

Title II: Self-Governance

Indian Self-Determination Act Amendments of 1994 - Title I: Indian Self-Determination Act Contracts - Indian Self-Determination Contract Reform Act of 1994 - Amends the Indian Self-Determination and Education Assistance Act to add a definition of the term "construction contract," excluding planning services contracts, Bureau of Indian Affairs (BIA) roads maintenance contracts, Housing Improvement Program contracts, and Health and Human Services health facility maintenance and improvement contracts.

Requires single-agency audit reports on contract activities.

Requires approval of severable portions of contract proposals that do not support a declination finding.

Establishes parameters covering burdens of proof in contract hearings and appeals, application of Office of Federal Procurement Policy Act provisions, retrocession of contracts, redesign of certain contract programs, facility leasing, precontract negotiations, and other specified matters.

Requires total amounts awarded in construction contracts to reflect an overall fair and reasonable price to the parties.

Provides rules for determining the rental rates for housing provided to an employee by the Federal Government in Alaska pursuant to a self-determination contract.

Provides for support costs, use of savings, start-up costs, cost adjustments, and other cost principles applicable to self- determination contracts.

Requires annual consultation with Indian tribes and organizations in the development of the budget for Indian Health Service and the BIA.

(Sec. 103) Sets forth model contract language for self- determination contracts, including provisions relating to payment options, reporting requirements, and property rights.

(Sec. 104) Amends existing law relating to partial contract rescissions, burdens of proof, and other matters.

(Sec. 105) Limits the authority of the Secretary of the Interior and the Secretary of Health and Human Services in promulgating regulations or imposing nonregulatory requirements relating to self- determination contracts or the approval, award, or declination of such contracts except as specifically authorized.

Title II: Self-Governance - Tribal Self-Governance Act of 1994 - Expresses congressional findings and declares that it is the policy of this title to permanently establish and implement tribal self- governance.

(Sec. 204) Amends the Indian Self-Determination and Education Assistance Act to add a new title on self-governance.

Directs the Secretary of the Interior to carry out a program to be known as Tribal Self-Governance. Requires that each Indian tribe participating in the Tribal Self-Governance Demonstration Project shall participate in this program and cease participation in the other. Provides for additional participants.

Requires the Secretary to enter into annual funding agreements with tribal governing bodies in a manner consistent with the Federal Government's laws and trust relationship to and responsibility for the Indian people.

Specifies the contents of such funding agreements, including authorizing tribes to plan, consolidate, and administer programs without regard to the BIA office within which such programs are performed. Provides for funding agreement provisions regarding trust function performance, construction projects, and funding.

Requires the Secretary to identify in the annual budget request of the President to the Congress funds proposed to be included in such agreements.

Requires reports by the Secretary to the Congress regarding program administration and non-BIA programs.

Directs the Secretary to develop a funding formula to determine the individual tribal share of funds controlled by BIA for inclusion in the self-governance compacts.

Requires the Secretary to: (1) at the request of a majority of the Indian tribes with agreements, initiate procedures to negotiate and promulgate regulations to carry out this Act; and (2) adapt negotiated rulemaking procedures to the unique context of self- governance and the government-to-government relationship between the United States and the Indian tribes.

States that the lack of promulgated regulations shall not limit the effect of this title.

Authorizes appropriations.