United States 116th Congress ✓ Enacted · P.L. 116-180 1 R cosponsors

S 209 — PROGRESS for Indian Tribes Act

Last action — Became Public Law No: 116-180.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 24, 2019. Enacted.

Odds of enactment

High chance

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Prognosis

Advancing 52% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Practical Reforms and Other Goals To Reinforce the Effectiveness of Self-Governance and Self-Determination for Indian Tribes Act of 2019 or the PROGRESS for Indian Tribes Act This bill replaces the Tribal Self-Governance Demonstration Project with the Tribal Self-Governance Program. Under the program, Native American tribes or organizations may receive grants to plan for participation in self-governance and to negotiate the terms of participation. In addition, the bill revises the Department of the Interior's process for approving self-governance compacts and funding agreements with tribes. Interior must negotiate contracts and funding agreements to maximize implementation of the self-governance policy. The bill sets forth requirements for tribes participating in self-governance with respect to conflicts of interest, audits, redesign and consolidation of programs, retrocession of programs, non-duplication of funding, and records. Funding agreements must include provisions for Interior to monitor the performance of trust functions by the tribe and to reassume a program and funding under specified circumstances. Tribes participating in self-governance may elect to assume some federal responsibilities with respect to certain construction projects. The bill prohibits obligating a tribe to continue performance of a compact or funding agreement that provides insufficient funding.

Bill Text

What changed in the latest version

660 added · 653 removed

Plain-language change summary

The amendment adds a specific reference to the inclusion of any non-BIA program in a self-determination contract or funding agreement under the Indian Self-Determination and Education Assistance Act. This change clarifies the scope of what can be included in these agreements, which can affect how tribal governments utilize federal funding and programs.

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[Congressional Bills 116th Congress] [From the U.S.
[116th Congress Public Law 180] [From the U.S.
Government Publishing Office] [S.
Government Publishing Office] [[Page 134 STAT.
209 Reported in House (RH)] <DOC> Union Calendar No.
857]] Public Law 116-180 116th Congress An Act To amend the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian Tribes, and for other purposes.
338 116th CONGRESS 2d Session S.
<<NOTE:
209 [Report No.
Oct.
116-422] _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 28, 2019 Referred to the Committee on Natural Resources May 22, 2020 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ AN ACT To amend the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian Tribes, and for other purposes.
21, 2020 - [S.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
209]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE:
Practical Reforms and Other Goals To Reinforce the Effectiveness of Self- Governance and Self-Determination for Indian Tribes Act of 2019.>> SECTION 1.
(a) Short Title.--This Act may be cited as the ``Practical Reforms and Other Goals To Reinforce the Effectiveness of Self-Governance and Self-Determination for Indian Tribes Act of 2019'' or the ``PROGRESS for Indian Tribes Act''.
(a) <<NOTE:
25 USC 5301 note.>> Short Title.--This Act may be cited as the ``Practical Reforms and Other Goals To Reinforce the Effectiveness of Self-Governance and Self-Determination for Indian Tribes Act of 2019'' or the ``PROGRESS for Indian Tribes Act''.
TRIBAL SELF-GOVERNANCE.
<<NOTE:
25 USC 5361 note.>> TRIBAL SELF-GOVERNANCE.
(B) the meaning, application, or effect of any Tribal water rights settlement, including the performance required of a party thereto or any payment or funding obligation thereunder;
(B) the meaning, application, or effect of any Tribal water rights settlement, including the performance [[Page 134 STAT.
858]] required of a party thereto or any payment or funding obligation thereunder;
``(8) Program.--The term `program' means any program, function, service, or activity (or portion thereof) within the Department that is included in a funding agreement.
[[Page 134 STAT.
859]] ``(8) Program.--The term `program' means any program, function, service, or activity (or portion thereof) within the Department that is included in a funding agreement.
``(a) Establishment.--The Secretary shall establish and carry out a program within the Department to be known as the `Tribal Self- Governance Program'.
``(a) Establishment.--The Secretary shall establish and carry out a program within the Department to be known as the `Tribal Self-Governance Program'.
``(B) Joint participation.--On the request of each participating Indian Tribe, 2 or more otherwise eligible Indian Tribes may be treated as a single Indian Tribe for the purpose of participating in self- governance.
``(B) Joint participation.--On the request of each participating Indian Tribe, 2 or more otherwise eligible Indian Tribes may be treated as a single Indian Tribe for the purpose of participating in self-governance.
``(3) Joint participation as organization.--Two or more Indian Tribes that are not otherwise eligible under subsection (c) may be treated as a single Indian Tribe for the purpose of participating in self-governance as a Tribal organization if-- ``(A) each Indian Tribe so requests;
``(3) Joint participation as organization.--Two or more Indian Tribes that are not otherwise eligible under subsection (c) may be treated as a single Indian Tribe for the purpose [[Page 134 STAT.
860]] of participating in self-governance as a Tribal organization if-- ``(A) each Indian Tribe so requests;
``(ii) Notification.--The Indian Tribe shall provide a copy of the Tribal resolution described in clause (i) to the Secretary.
``(ii) <<NOTE:
Records.>> Notification.--The Indian Tribe shall provide a copy of the Tribal resolution described in clause (i) to the Secretary.
``(E) Distribution of funds.--If an Indian Tribe or Tribal organization eligible to enter into a self- determination contract or a compact or funding agreement fully or partially withdraws from a participating Tribal organization, the withdrawing Indian Tribe-- ``(i) may elect to enter into a self- determination contract or compact, in which case-- ``(I) the withdrawing Indian Tribe or Tribal organization shall be entitled to its Tribal share of unexpended funds and resources supporting the programs that the Indian Tribe will be carrying out under its own self-determination contract or compact and funding agreement (calculated on the same basis as the funds were initially allocated to the funding agreement of the Tribal organization);
``(E) <<NOTE:
and ``(II) the funds referred to in subclause (I) shall be withdrawn by the Secretary from the funding agreement of the Tribal organization and transferred to the withdrawing Indian Tribe, on the condition that sections 102 and 105(i), as appropriate, shall apply to the withdrawing Indian Tribe;
Contracts.>> Distribution of funds.-- If an Indian Tribe or Tribal organization eligible to enter into a self-determination contract or a compact or funding agreement fully or [[Page 134 STAT.
861]] partially withdraws from a participating Tribal organization, the withdrawing Indian Tribe-- ``(i) may elect to enter into a self- determination contract or compact, in which case-- ``(I) the withdrawing Indian Tribe or Tribal organization shall be entitled to its Tribal share of unexpended funds and resources supporting the programs that the Indian Tribe will be carrying out under its own self-determination contract or compact and funding agreement (calculated on the same basis as the funds were initially allocated to the funding agreement of the Tribal organization);
and ``(II) <<NOTE:
Applicability.>> the funds referred to in subclause (I) shall be withdrawn by the Secretary from the funding agreement of the Tribal organization and transferred to the withdrawing Indian Tribe, on the condition that sections 102 and 105(i), as appropriate, shall apply to the withdrawing Indian Tribe;
and ``(3) demonstrate, for the 3 fiscal years preceding the date on which the Indian Tribe requests participation, financial stability and financial management capability as evidenced by the Indian Tribe having no uncorrected significant and material audit exceptions in the required annual audit of its self-determination or self-governance agreements with any Federal agency.
and ``(3) <<NOTE:
Time period.>> demonstrate, for the 3 fiscal years preceding the date on which the Indian Tribe requests participation, financial stability and financial management capability as evidenced by the Indian Tribe having no uncorrected significant and material audit exceptions in the required annual audit of its self-determination or self- governance agreements with any Federal agency.
and ``(B) include-- ``(i) legal and budgetary research;
and [[Page 134 STAT.
862]] ``(B) include-- ``(i) legal and budgetary research;
and ``(B) to negotiate the terms of participation by the Indian Tribe or Tribal organization in self- governance, as set forth in a compact and a funding agreement.
and ``(B) to negotiate the terms of participation by the Indian Tribe or Tribal organization in self-governance, as set forth in a compact and a funding agreement.
``(C) any other program, service, function, or activity (or portion thereof) that is provided through the Bureau of Indian Affairs, the Office of the Assistant Secretary for Indian Affairs, or the Office of the Special Trustee for American Indians with respect to which Indian Tribes or Indians are primary or significant beneficiaries;'';
``(C) any other program, service, function, or activity (or portion thereof) that is provided through the Bureau [[Page 134 STAT.
863]] of Indian Affairs, the Office of the Assistant Secretary for Indian Affairs, or the Office of the Special Trustee for American Indians with respect to which Indian Tribes or Indians are primary or significant beneficiaries;'';
``(m) Other Provisions.-- ``(1) Excluded funding.--A funding agreement shall not authorize an Indian Tribe to plan, conduct, administer, or receive Tribal share funding under any program that-- ``(A) is provided under the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C.
``(m) <<NOTE:
Contracts.>> Other Provisions.-- ``(1) Excluded funding.--A funding agreement shall not authorize an Indian Tribe to plan, conduct, administer, or receive Tribal share funding under any program that-- ``(A) is provided under the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C.
``(4) No waiver of trust responsibility.--A funding agreement shall prohibit the Secretary from waiving, modifying, or diminishing in any way the trust responsibility of the United States with respect to Indian Tribes and individual Indians that exists under treaties, Executive orders, court decisions, and other laws.
``(4) No waiver of trust responsibility.--A funding agreement shall prohibit the Secretary from waiving, modifying, or diminishing in any way the trust responsibility of the United [[Page 134 STAT.
864]] States with respect to Indian Tribes and individual Indians that exists under treaties, Executive orders, court decisions, and other laws.
5361 et seq.) is amended by striking sections 404 through 408 and inserting the following:
5361 et seq.) is amended by striking sections 404 through 408 <<NOTE:
25 USC 5364-5368.>> and inserting the following:
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COMPACTS.
<<NOTE:
25 USC 5364.>> COMPACTS.
and ``(2) include such terms as the parties intend shall control during the term of the compact.
and [[Page 134 STAT.
865]] ``(2) include such terms as the parties intend shall control during the term of the compact.
GENERAL PROVISIONS.
<<NOTE:
25 USC 5365.>> GENERAL PROVISIONS.
``(b) Conflicts of Interest.--An Indian Tribe participating in self-governance shall ensure that internal measures are in place to address, pursuant to Tribal law and procedures, conflicts of interest in the administration of programs.
``(b) Conflicts of Interest.--An Indian Tribe participating in self- governance shall ensure that internal measures are in place to address, pursuant to Tribal law and procedures, conflicts of interest in the administration of programs.
``(c) Audits.-- ``(1) Single agency audit act.--Chapter 75 of title 31, United States Code, shall apply to a funding agreement under this title.
``(c) <<NOTE:
Applicability.>> Audits.-- ``(1) Single agency audit act.--Chapter 75 of title 31, United States Code, shall apply to a funding agreement under this title.
and ``(2) except that, with respect to the reallocation, consolidation, and redesign of programs described in subsection (b)(2) or (c) of section 403, a joint agreement between the Secretary and the Indian Tribe shall be required.
and [[Page 134 STAT.
866]] ``(2) except that, with respect to the reallocation, consolidation, and redesign of programs described in subsection (b)(2) or (c) of section 403, a joint agreement between the Secretary and the Indian Tribe shall be required.
``(f) Nonduplication.--A funding agreement shall provide that, for the period for which, and to the extent to which, funding is provided to an Indian Tribe under this title, the Indian Tribe-- ``(1) shall not be entitled to contract with the Secretary for funds under section 102, except that the Indian Tribe shall be eligible for new programs on the same basis as other Indian Tribes;
``(f) <<NOTE:
Contracts.>> Nonduplication.--A funding agreement shall provide that, for the period for which, and to the extent to which, funding is provided to an Indian Tribe under this title, the Indian Tribe-- ``(1) shall not be entitled to contract with the Secretary for funds under section 102, except that the Indian Tribe shall be eligible for new programs on the same basis as other Indian Tribes;
and ``(B) on a notice period of not less than 30 days, provide the Secretary with reasonable access to the records to enable the Department to meet the requirements of sections 3101 through 3106 of title 44, United States Code.
and ``(B) <<NOTE:
Notice.
Time period.>> on a notice period of not less than 30 days, provide the Secretary with reasonable access to the records to enable the Department to meet the requirements of sections 3101 through 3106 of title 44, United States Code.
PROVISIONS RELATING TO THE SECRETARY.
<<NOTE:
``(a) Trust Evaluations.--A funding agreement shall include a provision to monitor the performance of trust functions by the Indian Tribe through the annual trust evaluation.
25 USC 5366.>> PROVISIONS RELATING TO THE SECRETARY.
``(b) Reassumption.-- ``(1) In general.--A compact or funding agreement shall include provisions for the Secretary to reassume a program and associated funding if there is a specific finding relating to that program of-- ``(A) imminent jeopardy to a trust asset, a natural resource, or public health and safety that-- ``(i) is caused by an act or omission of the Indian Tribe;
``(a) <<NOTE:
and ``(ii) arises out of a failure to carry out the compact or funding agreement;
Contracts.>> Trust Evaluations.--A funding agreement shall include a provision to monitor the performance of trust functions by the Indian Tribe through the annual trust evaluation.
or ``(B) gross mismanagement with respect to funds transferred to an Indian Tribe under a compact or funding agreement, as determined by the Secretary in consultation with the Inspector General, as appropriate.
``(b) Reassumption.-- ``(1) <<NOTE:
``(2) Prohibition.--The Secretary shall not reassume operation of a program, in whole or part, unless-- ``(A) the Secretary first provides written notice and a hearing on the record to the Indian Tribe;
Compact.
Contracts.>> In general.--A compact or funding agreement shall include provisions for the Secretary to reassume a program and associated funding if there is a specific finding relating to that program of-- ``(A) imminent jeopardy to a trust asset, a natural resource, or public health and safety that-- ``(i) is caused by an act or omission of the Indian Tribe;
and [[Page 134 STAT.
867]] ``(ii) arises out of a failure to carry out the compact or funding agreement;
or ``(B) <<NOTE:
Determination.
Consultation.>> gross mismanagement with respect to funds transferred to an Indian Tribe under a compact or funding agreement, as determined by the Secretary in consultation with the Inspector General, as appropriate.
``(2) Prohibition.--The Secretary shall not reassume operation of a program, in whole or part, unless-- ``(A) <<NOTE:
Notice.
Hearing.>> the Secretary first provides written notice and a hearing on the record to the Indian Tribe;
``(3) Exception.-- ``(A) In general.--Notwithstanding paragraph (2), the Secretary may, on written notice to the Indian Tribe, immediately reassume operation of a program if-- ``(i) the Secretary makes a finding of imminent and substantial jeopardy and irreparable harm to a trust asset, a natural resource, or the public health and safety caused by an act or omission of the Indian Tribe;
``(3) Exception.-- ``(A) <<NOTE:
Notice.>> In general.-- Notwithstanding paragraph (2), the Secretary may, on written notice to the Indian Tribe, immediately reassume operation of a program if-- ``(i) the Secretary makes a finding of imminent and substantial jeopardy and irreparable harm to a trust asset, a natural resource, or the public health and safety caused by an act or omission of the Indian Tribe;
``(B) Reassumption.--If the Secretary reassumes operation of a program under subparagraph (A), the Secretary shall provide the Indian Tribe with a hearing on the record not later than 10 days after the date of reassumption.
``(B) <<NOTE:
Hearing.
Deadline.>> Reassumption.-- If the Secretary reassumes operation of a program under subparagraph (A), the Secretary shall provide the Indian Tribe with a hearing on the record not later than 10 days after the date of reassumption.
``(2) Determination.--Not more than 60 days after the date of receipt of a final offer by one or more of the officials designated pursuant to paragraph (4), the Secretary shall review and make a determination with respect to the final offer, except that the 60-day period may be extended for up to days for circumstances beyond the control of the Secretary, upon written request by the Secretary to the Indian tribe.
``(2) <<NOTE:
Deadline.
Review.
Time period.
Extension.>> Determination.--Not more than 60 days after the date of receipt of a final offer by one or more of the officials designated pursuant to paragraph (4), the Secretary shall review and make a determination with respect to the final offer, except that the 60-day period may be extended for up to 30 days for circumstances beyond the control of the Secretary, upon written request by the Secretary to the Indian tribe.
``(5) No timely determination.--If the Secretary fails to make a determination with respect to a final offer within the period specified in paragraph (2), including any extension agreed to under paragraph (3), the Secretary shall be deemed to have agreed to the offer, except that with respect to any compact or funding agreement provision concerning a program described under section 403(c), the Secretary shall be deemed to have rejected the offer with respect to such provision and the terms of clauses (ii) through (iv) of paragraphs (6)(A) shall apply.
[[Page 134 STAT.
``(6) Rejection of final offer.-- ``(A) In general.--If the Secretary rejects a final offer (or one or more provisions or funding levels in a final offer), the Secretary shall-- ``(i) provide timely written notification to the Indian Tribe that contains a specific finding that clearly demonstrates, or that is supported by a controlling legal authority, that-- ``(I) the amount of funds proposed in the final offer exceeds the applicable funding level as determined under section 106(a)(1);
868]] ``(5) <<NOTE:
Applicability.>> No timely determination.--If the Secretary fails to make a determination with respect to a final offer within the period specified in paragraph (2), including any extension agreed to under paragraph (3), the Secretary shall be deemed to have agreed to the offer, except that with respect to any compact or funding agreement provision concerning a program described under section 403(c), the Secretary shall be deemed to have rejected the offer with respect to such provision and the terms of clauses (ii) through (iv) of paragraphs (6)(A) shall apply.
``(6) Rejection of final offer.-- ``(A) In general.--If the Secretary rejects a final offer (or one or more provisions or funding levels in a final offer), the Secretary shall-- ``(i) <<NOTE:
Notification.>> provide timely written notification to the Indian Tribe that contains a specific finding that clearly demonstrates, or that is supported by a controlling legal authority, that-- ``(I) the amount of funds proposed in the final offer exceeds the applicable funding level as determined under section 106(a)(1);
``(iii) provide the Indian Tribe with a hearing on the record with the right to engage in full discovery relevant to any issue raised in the matter, and the opportunity for appeal on the objections raised, except that the Indian Tribe may, in lieu of filing such appeal, directly proceed to initiate an action in a United States district court under section 110(a);
``(iii) <<NOTE:
Hearing.>> provide the Indian Tribe with a hearing on the record with the right to engage in full discovery relevant to any issue raised in the matter, and the opportunity for appeal on the objections raised, except that the Indian Tribe may, in lieu of filing such appeal, directly proceed to initiate an action in a United States district court under section 110(a);
``(B) Effect of exercising certain option.--If an Indian Tribe exercises the option specified in subparagraph (A)(iv)-- ``(i) the Indian Tribe shall retain the right to appeal the rejection by the Secretary under this section;
[[Page 134 STAT.
and ``(ii) clauses (i), (ii), and (iii) of subparagraph (A) shall apply only to the portion of the proposed final compact or funding agreement that was rejected by the Secretary.
869]] ``(B) Effect of exercising certain option.--If an Indian Tribe exercises the option specified in subparagraph (A)(iv)-- ``(i) the Indian Tribe shall retain the right to appeal the rejection by the Secretary under this section;
and ``(ii) <<NOTE:
Applicability.>> clauses (i), (ii), and (iii) of subparagraph (A) shall apply only to the portion of the proposed final compact or funding agreement that was rejected by the Secretary.
``(i) Rules of Construction.--Subject to section 101(a) of the PROGRESS for Indian Tribes Act, each provision of this title and each provision of a compact or funding agreement shall be liberally construed for the benefit of the Indian Tribe participating in self- governance, and any ambiguity shall be resolved in favor of the Indian Tribe.
``(i) Rules of Construction.--Subject to section 101(a) of the PROGRESS for Indian Tribes Act, each provision of this title and each provision of a compact or funding agreement shall be liberally [[Page 134 STAT.
870]] construed for the benefit of the Indian Tribe participating in self- governance, and any ambiguity shall be resolved in favor of the Indian Tribe.
CONSTRUCTION PROGRAMS AND PROJECTS.
<<NOTE:
25 USC 5367.>> CONSTRUCTION PROGRAMS AND PROJECTS.
and ``(B) certify that-- ``(i) they are qualified to perform the work required by the specific construction involved;
and ``(B) <<NOTE:
Certification.>> certify that-- ``(i) they are qualified to perform the work required by the specific construction involved;
``(2) Requirements.--For each construction project carried out by an Indian Tribe under this title, the Indian Tribe and the Secretary shall negotiate a provision to be included in the funding agreement that identifies-- ``(A) the approximate start and completion dates for the project, which may extend over a period of one or more years;
``(2) Requirements.--For each construction project carried out by an Indian Tribe under this title, the Indian Tribe and the Secretary shall negotiate a provision to be included in the funding agreement that identifies-- [[Page 134 STAT.
871]] ``(A) the approximate start and completion dates for the project, which may extend over a period of one or more years;
``(f) Funding.-- ``(1) In general.--Funding appropriated for construction projects carried out under this title shall be included in funding agreements as annual or semiannual advance payments at the option of the Indian Tribe.
``(f) Funding.-- ``(1) <<NOTE:
Contracts.>> In general.--Funding appropriated for construction projects carried out under this title shall be included in funding agreements as annual or semiannual advance payments at the option of the Indian Tribe.
``(g) Negotiations.--At the option of the Indian Tribe, construction project funding proposals shall be negotiated pursuant to the statutory process in section 105, and any resulting construction project agreement shall be incorporated into the funding agreement as addenda.
``(g) <<NOTE:
Contracts.>> Negotiations.--At the option of the Indian Tribe, construction project funding proposals shall be negotiated pursuant to the statutory process in section 105, and any resulting construction project agreement shall be incorporated into the funding agreement as addenda.
``(3) Oversight visits.--The Secretary may conduct onsite project oversight visits semiannually or on an alternate schedule agreed to by the Secretary and the Indian Tribe.
[[Page 134 STAT.
872]] ``(3) Oversight visits.--The Secretary may conduct onsite project oversight visits semiannually or on an alternate schedule agreed to by the Secretary and the Indian Tribe.
PAYMENT.
<<NOTE:
25 USC 5368.>> PAYMENT.
``(b) Advance Annual Payment.--At the option of the Indian Tribe, a funding agreement shall provide for an advance annual payment to an Indian Tribe.
``(b) <<NOTE:
Contracts.>> Advance Annual Payment.--At the option of the Indian Tribe, a funding agreement shall provide for an advance annual payment to an Indian Tribe.
``(d) Timing.-- ``(1) In general.--Pursuant to the terms of any compact or funding agreement entered into under this title, the Secretary shall transfer to the Indian Tribe all funds provided for in the funding agreement, pursuant to subsection (c), and provide funding for periods covered by joint resolution adopted by Congress making continuing appropriations, to the extent permitted by such resolution.
``(d) Timing.-- ``(1) <<NOTE:
``(2) Transfers.--Not later than 1 year after the date of enactment of the PROGRESS for Indian Tribes Act, in any instance in which a funding agreement requires an annual transfer of funding to be made at the beginning of a fiscal year or requires semiannual or other periodic transfers of funding to be made commencing at the beginning of a fiscal year, the first such transfer shall be made not later than 10 days after the apportionment of such funds by the Office of Management and Budget to the Department, unless the funding agreement provides otherwise.
Transfer authority.>> In general.--Pursuant to the terms of any compact or funding agreement entered into under this title, the Secretary shall transfer to the Indian Tribe all funds provided for in the funding agreement, pursuant to subsection (c), and provide funding for periods covered by joint resolution adopted by Congress making continuing appropriations, to the extent permitted by such resolution.
``(2) <<NOTE:
Deadlines.>> Transfers.--Not later than 1 year after the date of enactment of the PROGRESS for Indian Tribes Act, in any instance in which a funding agreement requires an annual transfer of funding to be made at the beginning of a fiscal year or requires semiannual or other periodic transfers of funding to be made commencing at the beginning of a fiscal year, the first such transfer shall be made not later than 10 days after the apportionment of such funds by the Office [[Page 134 STAT.
873]] of Management and Budget to the Department, unless the funding agreement provides otherwise.
``(iv) a change in the amount of pass- through funds subject to the terms of the funding agreement;
``(iv) a change in the amount of pass-through funds subject to the terms of the funding agreement;
``(h) Federal Resources.--If an Indian Tribe elects to carry out a compact or funding agreement with the use of Federal personnel, Federal supplies (including supplies available from Federal warehouse facilities), Federal supply sources (including lodging, airline transportation, and other means of transportation, including the use of interagency motor pool vehicles), or other Federal resources (including supplies, services, and resources available to the Secretary under any procurement contracts in which the Department is eligible to participate), the Secretary shall, as soon as practicable, acquire and transfer such personnel, supplies, or resources to the Indian Tribe under this title.
``(h) <<NOTE:
``(i) Prompt Payment Act.--Chapter 39 of title 31, United States Code, shall apply to the transfer of funds due under a compact or funding agreement authorized under this title.
Acquisitions.
``(j) Interest or Other Income.-- ``(1) In general.--An Indian Tribe may retain interest or income earned on any funds paid under a compact or funding agreement to carry out governmental purposes.
Transfer authority.>> Federal Resources.--If an Indian Tribe elects to carry out a compact or funding agreement with the use of Federal personnel, Federal supplies (including supplies available from Federal warehouse facilities), Federal supply sources (including lodging, airline transportation, and other means of transportation, including the use of interagency motor pool vehicles), or other Federal resources (including supplies, services, and resources available to the Secretary under any procurement contracts in which the Department is eligible to participate), the Secretary shall, as soon as practicable, acquire and transfer such personnel, supplies, or resources to the Indian Tribe under this title.
``(i) <<NOTE:
Applicability.>> Prompt Payment Act.--Chapter 39 of title 31, United States Code, shall apply to the transfer of funds due under a compact or funding agreement authorized under this title.
``(j) Interest or Other Income.-- [[Page 134 STAT.
874]] ``(1) In general.--An Indian Tribe may retain interest or income earned on any funds paid under a compact or funding agreement to carry out governmental purposes.
FACILITATION.
<<NOTE:
25 USC 5369.>> FACILITATION.
``(b) Regulation Waiver.-- ``(1) Request.--An Indian Tribe may submit to the Secretary a written request for a waiver of applicability of a Federal regulation, including-- ``(A) an identification of the specific text in the regulation sought to be waived;
[[Page 134 STAT.
875]] ``(b) Regulation Waiver.-- ``(1) Request.--An Indian Tribe may submit to the Secretary a written request for a waiver of applicability of a Federal regulation, including-- ``(A) an identification of the specific text in the regulation sought to be waived;
``(2) Determination by the secretary.--Not later than 120 days after receipt by the Secretary and the designated officials under paragraph (4) of a request under paragraph (1), the Secretary shall approve or deny the requested waiver in writing to the Indian Tribe.
``(2) <<NOTE:
Deadline.>> Determination by the secretary.-- Not later than 120 days after receipt by the Secretary and the designated officials under paragraph (4) of a request under paragraph (1), the Secretary shall approve or deny the requested waiver in writing to the Indian Tribe.
DISCRETIONARY APPLICATION OF OTHER SECTIONS.
<<NOTE:
25 USC 5370.>> DISCRETIONARY APPLICATION OF OTHER SECTIONS.
and ``(3) apply to any agency otherwise governed by this title.
and ``(3) <<NOTE:
Applicability.>> apply to any agency otherwise governed by this title.
``SEC.
[[Page 134 STAT.
876]] ``SEC.
ANNUAL BUDGET LIST.
<<NOTE:
25 USC 5371.>> ANNUAL BUDGET LIST.
REPORTS.
<<NOTE:
25 USC 5372.>> REPORTS.
``(3) before being submitted to Congress, be distributed to the Indian Tribes for comment (with a comment period of not less than 30 days);
``(3) <<NOTE:
Comment period.>> before being submitted to Congress, be distributed to the Indian Tribes for comment (with a comment period of not less than 30 days);
and ``(5) include a list of-- ``(A) all such programs that the Secretary determines, in consultation with Indian Tribes participating in self-governance, are eligible for negotiation to be included in a funding agreement at the request of a participating Indian Tribe;
and ``(5) <<NOTE:
Lists.>> include a list of-- ``(A) <<NOTE:
Determination.
Consultation.>> all such programs that the Secretary determines, in consultation with Indian Tribes participating in self- governance, are eligible for negotiation to be included in a funding agreement at the request of a participating Indian Tribe;
``(2) Programmatic targets.--The Secretary shall establish programmatic targets, after consultation with Indian Tribes participating in self-governance, to encourage bureaus of the Department to ensure that an appropriate portion of those programs are available to be included in funding agreements.
[[Page 134 STAT.
``(3) Publication.--The lists under subsection (b)(5) and targets under paragraph (2) shall be published in the Federal Register and made available to any Indian Tribe participating in self-governance.
877]] ``(2) <<NOTE:
``(4) Annual review.-- ``(A) In general.--The Secretary shall annually review and publish in the Federal Register, after consultation with Indian Tribes participating in self- governance, revised lists and programmatic targets.
Consultation.>> Programmatic targets.--The Secretary shall establish programmatic targets, after consultation with Indian Tribes participating in self- governance, to encourage bureaus of the Department to ensure that an appropriate portion of those programs are available to be included in funding agreements.
``(3) <<NOTE:
Federal Register, publication.>> Publication.--The lists under subsection (b)(5) and targets under paragraph (2) shall be published in the Federal Register and made available to any Indian Tribe participating in self- governance.
``(4) Annual review.-- ``(A) <<NOTE:
Federal Register, publication.
Consultation.>> In general.--The Secretary shall annually review and publish in the Federal Register, after consultation with Indian Tribes participating in self-governance, revised lists and programmatic targets.
``(d) Report on Central Office Funds.--Not later than January 1, 2020, the Secretary shall, in consultation with Indian Tribes, develop a funding formula to determine the individual Tribal share of funds controlled by the Central Office of the Bureau of Indian Affairs and the Office of the Special Trustee for inclusion in the compacts.
``(d) <<NOTE:
Consultation.>> Report on Central Office Funds.--Not later than January 1, 2020, the Secretary shall, in consultation with Indian Tribes, develop a funding formula to determine the individual Tribal share of funds controlled by the Central Office of the Bureau of Indian Affairs and the Office of the Special Trustee for inclusion in the compacts.
REGULATIONS.
<<NOTE:
``(a) In General.-- ``(1) Promulgation.--Not later than 90 days after the date of enactment of the PROGRESS for Indian Tribes Act, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5, United States Code, to negotiate and promulgate such regulations as are necessary to carry out this title.
25 USC 5373.>> REGULATIONS.
``(2) Publication of proposed regulations.--Proposed regulations to implement this title shall be published in the Federal Register not later than 21 months after the date of enactment of the PROGRESS for Indian Tribes Act.
``(a) In General.-- ``(1) <<NOTE:
``(3) Expiration of authority.--The authority to promulgate regulations under paragraph (1) shall expire on the date that is 30 months after the date of enactment of the PROGRESS for Indian Tribes Act.
Deadline.>> Promulgation.--Not later than 90 days after the date of enactment of the PROGRESS for Indian Tribes Act, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5, United States Code, to negotiate and promulgate such regulations as are necessary to carry out this title.
``(2) <<NOTE:
Federal Register, publication.
Deadline.>> Publication of proposed regulations.--Proposed regulations to implement this title shall be published in the Federal Register not later than 21 months after the date of enactment of the PROGRESS for Indian Tribes Act.
``(3) Expiration of authority.--The authority to promulgate regulations under paragraph (1) shall expire on the date that is months after the date of enactment of the PROGRESS for Indian Tribes Act.
``(d) Effect.-- ``(1) Repeal.--The Secretary may repeal any regulation that is inconsistent with this Act.
``(d) Effect.-- [[Page 134 STAT.
878]] ``(1) Repeal.--The Secretary may repeal any regulation that is inconsistent with this Act.
EFFECT OF CIRCULARS, POLICIES, MANUALS, GUIDANCE, AND RULES.
<<NOTE:
25 USC 5374.>> EFFECT OF CIRCULARS, POLICIES, MANUALS, GUIDANCE, AND RULES.
APPEALS.
<<NOTE:
25 USC 5375.>> APPEALS.
APPLICATION OF OTHER PROVISIONS.
<<NOTE:
25 USC 5376.>> APPLICATION OF OTHER PROVISIONS.
AUTHORIZATION OF APPROPRIATIONS.
<<NOTE:
25 USC 5377.>> AUTHORIZATION OF APPROPRIATIONS.
``(j) `self-determination contract' means a contract entered into under title I (or a grant or cooperative agreement used under section 9) between a Tribal organization and the appropriate Secretary for the planning, conduct, and administration of programs or services that are otherwise provided to Indian Tribes and members of Indian Tribes pursuant to Federal law, subject to the condition that, except as provided in section 105(a)(3), no contract entered into under title I (or grant or cooperative agreement used under section 9) shall be-- ``(1) considered to be a procurement contract;
``(j) `self-determination contract' means a contract entered into under title I (or a grant or cooperative agreement used under section 9) between a Tribal organization and the appropriate Secretary for the planning, conduct, and administration of programs or services that are otherwise provided to Indian Tribes and members of Indian Tribes pursuant to Federal law, subject to the condition that, except as provided in section 105(a)(3), no contract entered [[Page 134 STAT.
879]] into under title I (or grant or cooperative agreement used under section 9) shall be-- ``(1) considered to be a procurement contract;
5304), as amended by paragraph (1), is further amended-- (A) in subsection (e), by striking ```Indian tribe' means'' and inserting ```Indian tribe' or `Indian Tribe' means'';
5304), as amended by paragraph (1), is further amended-- (A) in subsection (e), by striking `` `Indian tribe' means'' and inserting `` `Indian tribe' or `Indian Tribe' means'';
and (B) in subsection (l), by striking ```tribal organization' means'' and inserting ```Tribal organization' or `tribal organization' means''.
and (B) in subsection (l), by striking `` `tribal organization' means'' and inserting `` `Tribal organization' or `tribal organization' means''.
(b) Reporting and Audit Requirements.--Section 5 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
(b) Reporting and Audit Requirements.--Section 5 of the Indian Self- Determination and Education Assistance Act (25 U.S.C.
(c) Effective Date.--The amendment made by subsection (b)(2) shall not take effect until 14 months after the date of enactment of this Act.
(c) <<NOTE:
(d) Application of Other Provisions.--Sections 4, 5, 6, 7, 102(c), 104, 105(a)(1), 105(f), 110, and 111 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
25 USC 5305 note.>> Effective Date.--The amendment made by subsection (b)(2) shall not take effect until 14 months after the date of enactment of this Act.
5304, 5305, 5306, 5307, 5321(c), 5323, 5324(a)(1), 5324(f), 5331, and 5332) and section 314 of the Department of the Interior and Related Agencies Appropriations Act, (Public Law 101-512;
(d) <<NOTE:
25 USC 5361 note.>> Application of Other Provisions.-- Sections 4, 5, 6, 7, 102(c), 104, 105(a)(1), 105(f), 110, and 111 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
5304, 5305, 5306, 5307, 5321(c), 5323, 5324(a)(1), 5324(f), 5331, and 5332) and section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991 (Public Law 101-512;
1959), apply to compacts and funding agreements entered into under title IV of the Indian Self- Determination and Education Assistance Act (25 U.S.C.
1959), apply to compacts and funding agreements entered into under title IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
and ``(B) the PROGRESS for Indian Tribes Act.
and [[Page 134 STAT.
880]] ``(B) the PROGRESS for Indian Tribes Act.
``(q)(1) Technical Assistance for Internal Controls.--In considering proposals for, amendments to, or in the course of, a contract under this title and compacts under titles IV and V of this Act, if the Secretary determines that the Indian Tribe lacks adequate internal controls necessary to manage the contracted program or programs, the Secretary shall, as soon as practicable, provide the necessary technical assistance to assist the Indian Tribe in developing adequate internal controls.
``(q)(1) <<NOTE:
As part of that technical assistance, the Secretary and the Tribe shall develop a plan for assessing the subsequent effectiveness of such technical assistance.
Determination.>> Technical Assistance for Internal Controls.--In considering proposals for, amendments to, or in the course of, a contract under this title and compacts under titles IV and V of this Act, if the Secretary determines that the Indian Tribe lacks adequate internal controls necessary to manage the contracted program or programs, the Secretary shall, as soon as practicable, provide the necessary technical assistance to assist the Indian Tribe in developing adequate internal controls.
<<NOTE:
Plan.>> As part of that technical assistance, the Secretary and the Tribe shall develop a plan for assessing the subsequent effectiveness of such technical assistance.
``(2) The Secretary shall prepare a report to be included in the information required for the reports under sections 412(b)(2)(A) and 514(b)(2)(A).
``(2) <<NOTE:
Reports.>> The Secretary shall prepare a report to be included in the information required for the reports under sections 412(b)(2)(A) and 514(b)(2)(A).
and (B) in clause (ii), by striking ``expense related to the overhead incurred'' and inserting ``expense incurred by the governing body of the Indian Tribe or Tribal organization and any overhead expense incurred'';
and [[Page 134 STAT.
881]] (B) in clause (ii), by striking ``expense related to the overhead incurred'' and inserting ``expense incurred by the governing body of the Indian Tribe or Tribal organization and any overhead expense incurred'';
Union Calendar No.
Approved October 21, 2020.
338 116th CONGRESS 2d Session S.
LEGISLATIVE HISTORY--S.
209 [Report No.
209:
116-422] _______________________________________________________________________ AN ACT To amend the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian Tribes, and for other purposes.
--------------------------------------------------------------------------- HOUSE REPORTS:
_______________________________________________________________________ May 22, 2020 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
No.
116-422 (Comm.
on Natural Resources).
SENATE REPORTS:
No.
116-34 (Comm.
on Indian Affairs).
CONGRESSIONAL RECORD:
Vol.
165 (2019):
June 27, considered and passed Senate.
Vol.
166 (2020):
Sept.
21, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
Oct.
21, Presidential statement.
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Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on Indian Affairs.

  3. Committee on Indian Affairs. Ordered to be reported without amendment favorably.

  4. Committee on Indian Affairs. Reported by Senator Hoeven without amendment. With written report No. 116-34.

  5. Committee on Indian Affairs. Reported by Senator Hoeven without amendment. With written report No. 116-34.

  6. Placed on Senate Legislative Calendar under General Orders. Calendar No. 73.

  7. Passed/agreed to in Senate: Passed Senate without amendment by Voice Vote.(consideration: CR S4652-4664; text: CR S4653-4660)

  8. Passed Senate without amendment by Voice Vote. (consideration: CR S4652-4664; text: CR S4653-4660)

  9. Message on Senate action sent to the House.

  10. Received in the House.

  11. Referred to the House Committee on Natural Resources.

  12. Referred to the Subcommittee for Indigenous Peoples of the United States.

  13. Subcommittee for Indigenous Peoples of the United States Discharged.

  14. Committee Consideration and Mark-up Session Held.

  15. Ordered to be Reported by the Yeas and Nays: 22 - 10.

  16. Reported by the Committee on Natural Resources. H. Rept. 116-422.

  17. Reported by the Committee on Natural Resources. H. Rept. 116-422.

  18. Placed on the Union Calendar, Calendar No. 338.

  19. Ms. Haaland moved to suspend the rules and pass the bill.

  20. Considered under suspension of the rules. (consideration: CR H4549-4557)

  21. DEBATE - The House proceeded with forty minutes of debate on S. 209.

  22. Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.

  23. On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H4550-4556)

  24. Motion to reconsider laid on the table Agreed to without objection.

  25. Presented to President.

  26. Presented to President.

  27. Signed by President.

  28. Signed by President.

  29. Became Public Law No: 116-180.

  30. Became Public Law No: 116-180.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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Frequently asked questions

What does S 209 do?
Practical Reforms and Other Goals To Reinforce the Effectiveness of Self-Governance and Self-Determination for Indian Tribes Act of 2019 or the PROGRESS for Indian Tribes Act This bill replaces the Tribal Self-Governance Demonstration Project with the Tribal Self-Governance Program. Under the program, Native American tribes or organizations may receive grants to plan for participation in self-governance and to negotiate the terms of participation. In addition, the bill revises the Department of the Interior's process for approving self-governance compacts and funding agreements with tribes. Interior must negotiate contracts and funding agreements to maximize implementation of the self-governance policy. The bill sets forth requirements for tribes participating in self-governance with respect to conflicts of interest, audits, redesign and consolidation of programs, retrocession of programs, non-duplication of funding, and records. Funding agreements must include provisions for Interior to monitor the performance of trust functions by the tribe and to reassume a program and funding under specified circumstances. Tribes participating in self-governance may elect to assume some federal responsibilities with respect to certain construction projects. The bill prohibits obligating a tribe to continue performance of a compact or funding agreement that provides insufficient funding.
Who sponsors S 209?
S 209 is sponsored by Hoeven, John (Republican).
What is the current status of S 209?
This bill has been enacted into law. Introduced January 24, 2019. Enacted.
Where can I track S 209?
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