Department of the Interior Tribal Self-Governance Act of 2004
Latest action · Nov 16, 2004 Placed on Senate Legislative Calendar under General Orders. Calendar No. 804.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedOct 3, 2003
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Department of the Interior Tribal Self-Governance Act of 2004 - (Sec. 2) Amends the Indian Self-determination and Education Assistance Act to revise title IV provisions for tribal self-governance.
Authorizes participation in the tribal self-governance program within the Department of the Interior by any Indian tribe that meets specified eligibility criteria. Prohibits the Secretary of the Interior from limiting the number of additional tribes to be selected each year from among tribes that are so eligible.
Allows an Indian tribe to opt to authorize another Indian tribe, an intertribal consortium, or a tribal organization to plan for or carry out an included program on its behalf under title IV. Allows two or more Indian tribes, not otherwise eligible, to be treated as a single tribe to participate in self-governance as a consortium, if each tribe so requests and if the consortium itself is eligible. Allows a tribe to withdraw from a consortium and participate in self-governance on its own if it meets eligibility criteria. Requires the planning phase to be conducted to the satisfaction of the Indian tribe.
Makes eligible for planning and negotiation grants those Indian tribes that have met certain requirements (involving their official request for participation in self-governance and their demonstration of financial stability and management capability); but provides that receipt of such a grant is not a requirement for participation in self-governance.
Revises requirements for compacts and funding agreements. Eliminates a requirement that funding agreements be annual.
Continues requirements that funding agreements include all programs carried out by the Bureau of Indian Affairs (BIA) that are provided for or administered by the Secretary under specified Acts or for the benefit of Indians from funds of agencies other than the Department. Adds to existing programs under this category those carried out by the Office of Special Trustee, programs provided for the benefit of Indians because of their status as Indians, and all programs with respect to which Indian tribes or Indians are primary or significant beneficiaries.
Requires, in addition, that funding agreements, as determined by the Indian tribe, authorize the Indian tribe to plan, conduct, consolidate, administer, and receive full tribal share funding for all programs carried out by the Secretary outside the BIA, without regard to the agency or office within which the program is performed, including funding for certain agency, area, and central office functions.
Allows a funding agreement, as the parties consider appropriate, to include additional programs administered by the Secretary that are of special geographical, historical, or cultural significance to the Indian tribe.
Continues current exclusions from funding agreements of programs under the Tribally Controlled Community College Assistance Act of 1978, or for elementary and secondary schools under a formula developed the Education Amendments of 1978, or for the Flathead Agency Irrigation or Power Divisions.
Authorizes Indian tribes, at their discretion, to negotiate multiyear funding agreements with the Secretary.
Revises requirements for monitoring by the Secretary of funding agreements with respect to Indian tribes' performance of trust functions. Declares that, before the Secretary may reassume an included program and its associated funding, there must be: (1) a specific finding regarding imminent jeopardy to a physical trust asset, natural resource, or public health and safety, or regarding gross mismanagement; and (2) provision of notice, hearing, and an opportunity for the tribe to correct the problem. Authorizes the Secretary, in exceptional cases where there is a finding of imminent, substantial, and irreparable harm, to give written notice to the tribe and immediately resume operation of an included program.
Sets forth procedures in cases of inability to agree on a compact or funding agreement.
Prescribes requirements for: (1) construction programs and projects; (2) payments to tribes to carry out funding agreements; (3) civil actions; (4) disclaimers; (5) annual budget requests; and (6) appeals of the Secretary's decisions under title IV.
Authorizes appropriations.
Cosponsors 1
Members who signed on, in the order they did. All signed on Oct 3, 2003.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-HI | Daniel K. Inouye | Original | Oct 3, 2003 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Indian Affairs Committee | Referred Oct 3, 2003Hearings May 12, 2004Markup Jun 16, 2004Reported Nov 16, 2004 |
Actions 7
Everything that happened, newest first.
- Nov 16, 2004Committee on Indian Affairs. Reported by Senator Campbell with amendments. With written report No. 108-413.
- Nov 16, 2004Placed on Senate Legislative Calendar under General Orders. Calendar No. 804.
- Jun 16, 2004Committee on Indian Affairs. Ordered to be reported with amendments favorably.
- May 12, 2004Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 108-584.
- Oct 3, 2003Introduced in Senate
- Oct 3, 2003Sponsor introductory remarks on measure. (CR S12462)
- Oct 3, 2003Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S12462-12468)
In the Congressional Record 1
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Senate | Debate and remarks S12462Text printed S12462–S12468 | Ben Nighthorse Campbell R-CO (text) | Oct 3, 2003 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimates 2
- Nov 10, 2004S. 1715, Department of the Interior Tribal Self-Governance Act of 2004<p>Cost estimate for the bill as ordered reported by the Senate Committee on Indian Affairs on june 16, 2004</p>
- Nov 10, 2004S. 1715, Department of the Interior Tribal Self-Governance Act of 2004Cost estimate for the bill as ordered reported by the Senate Committee on Indian Affairs on june 16, 2004
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| S. Hrg. 108-584 | DEPARTMENT OF INTERIOR TRIBAL SELF-GOVERNANCE ACT182 pages | Indian Affairs Committee | May 12, 2004–May 19, 2004 |
Titles 3
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- A bill to amend the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian tribes.
- Short Titles as Introduced
- Department of the Interior Tribal Self-Governance Act of 2003
- Short Titles as Reported to Senate
- Department of the Interior Tribal Self-Governance Act of 2004
Subjects
Assigned by the Library of Congress. Policy area: Native Americans.
- Administrative procedure
- Congress
- Congressional reporting requirements
- Department of the Interior
- Economics and Public Finance
- Federal aid to Indians
- Federal-Indian relations
- Government Operations and Politics
- Government paperwork
- Indian economic development
- Indian lands
- Infrastructure
- Minorities
- Native Americans
- Tribes and tribal system
- Trusts and trustees
Text 2
Each version as it was printed, newest first.
- Nov 16, 2004Reported to Senate
- Oct 3, 2003Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.