
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC450f]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER II--INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
 
                    Part A--Indian Self-Determination
 
Sec. 450f. Self-determination contracts


(a) Request by tribe; authorized programs

    (1) The Secretary is directed, upon the request of any Indian tribe 
by tribal resolution, to enter into a self-determination contract or 
contracts with a tribal organization to plan, conduct, and administer 
programs or portions thereof, including construction programs--
        (A) provided for in the Act of April 16, 1934 (48 Stat. 596), as 
    amended [25 U.S.C. 452 et seq.];
        (B) which the Secretary is authorized to administer for the 
    benefit of Indians under the Act of November 2, 1921 (42 Stat. 208) 
    [25 U.S.C. 13], and any Act subsequent thereto;
        (C) provided by the Secretary of Health and Human Services under 
    the Act of August 5, 1954 (68 Stat. 674), as amended [42 U.S.C. 2001 
    et seq.];
        (D) administered by the Secretary for the benefit of Indians for 
    which appropriations are made to agencies other than the Department 
    of Health and Human Services or the Department of the Interior; and
        (E) for the benefit of Indians because of their status as 
    Indians without regard to the agency or office of the Department of 
    Health and Human Services or the Department of the Interior within 
    which it is performed.

The programs, functions, services, or activities that are contracted 
under this paragraph shall include administrative functions of the 
Department of the Interior and the Department of Health and Human 
Services (whichever is applicable) that support the delivery of services 
to Indians, including those administrative activities supportive of, but 
not included as part of, the service delivery programs described in this 
paragraph that are otherwise contractable. The administrative functions 
referred to in the preceding sentence shall be contractable without 
regard to the organizational level within the Department that carries 
out such functions.
    (2) If so authorized by an Indian tribe under paragraph (1) of this 
subsection, a tribal organization may submit a proposal for a self-
determination contract, or a proposal to amend or renew a self-
determination contract, to the Secretary for review. Subject to the 
provisions of paragraph (4), the Secretary shall, within ninety days 
after receipt of the proposal, approve the proposal and award the 
contract unless the Secretary provides written notification to the 
applicant that contains a specific finding that clearly demonstrates 
that, or that is supported by a controlling legal authority that--
        (A) the service to be rendered to the Indian beneficiaries of 
    the particular program or function to be contracted will not be 
    satisfactory;
        (B) adequate protection of trust resources is not assured;
        (C) the proposed project or function to be contracted for cannot 
    be properly completed or maintained by the proposed contract;
        (D) the amount of funds proposed under the contract is in excess 
    of the applicable funding level for the contract, as determined 
    under section 450j-1(a) of this title; or
        (E) the program, function, service, or activity (or portion 
    thereof) that is the subject of the proposal is beyond the scope of 
    programs, functions, services, or activities covered under paragraph 
    (1) because the proposal includes activities that cannot lawfully be 
    carried out by the contractor.

Notwithstanding any other provision of law, the Secretary may extend or 
otherwise alter the 90-day period specified in the second sentence of 
this subsection,\1\ if before the expiration of such period, the 
Secretary obtains the voluntary and express written consent of the tribe 
or tribal organization to extend or otherwise alter such period. The 
contractor shall include in the proposal of the contractor the standards 
under which the tribal organization will operate the contracted program, 
service, function, or activity, including in the area of construction, 
provisions regarding the use of licensed and qualified architects, 
applicable health and safety standards, adherence to applicable Federal, 
State, local, or tribal building codes and engineering standards. The 
standards referred to in the preceding sentence shall ensure structural 
integrity, accountability of funds, adequate competition for 
subcontracting under tribal or other applicable law, the commencement, 
performance, and completion of the contract, adherence to project plans 
and specifications (including any applicable Federal construction 
guidelines and manuals), the use of proper materials and workmanship, 
necessary inspection and testing, and changes, modifications, stop work, 
and termination of the work when warranted.
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    \1\ So in original. Probably should be ``paragraph,''.
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    (3) Upon the request of a tribal organization that operates two or 
more mature self-determination contracts, those contracts may be 
consolidated into one single contract.
    (4) The Secretary shall approve any severable portion of a contract 
proposal that does not support a declination finding described in 
paragraph (2). If the Secretary determines under such paragraph that a 
contract proposal--
        (A) proposes in part to plan, conduct, or administer a program, 
    function, service, or activity that is beyond the scope of programs 
    covered under paragraph (1), or
        (B) proposes a level of funding that is in excess of the 
    applicable level determined under section 450j-1(a) of this title,

subject to any alteration in the scope of the proposal that the 
Secretary and the tribal organization agree to, the Secretary shall, as 
appropriate, approve such portion of the program, function, service, or 
activity as is authorized under paragraph (1) or approve a level of 
funding authorized under section 450j-1(a) of this title. If a tribal 
organization elects to carry out a severable portion of a contract 
proposal pursuant to this paragraph, subsection (b) of this section 
shall only apply to the portion of the contract that is declined by the 
Secretary pursuant to this subsection.

(b) Procedure upon refusal of request to contract

    Whenever the Secretary declines to enter into a self-determination 
contract or contracts pursuant to subsection (a) of this section, the 
Secretary shall--
        (1) state any objections in writing to the tribal organization,
        (2) provide assistance to the tribal organization to overcome 
    the stated objections, and
        (3) provide the tribal organization 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, under such rules and regulations as the Secretary 
    may promulgate, except that the tribe or tribal organization may, in 
    lieu of filing such appeal, exercise the option to initiate an 
    action in a Federal district court and proceed directly to such 
    court pursuant to section 450m-1(a) of this title.

(c) Liability insurance; waiver of defense

    (1) Beginning in 1990, the Secretary shall be responsible for 
obtaining or providing liability insurance or equivalent coverage, on 
the most cost-effective basis, for Indian tribes, tribal organizations, 
and tribal contractors carrying out contracts, grant agreements and 
cooperative agreements pursuant to this subchapter. In obtaining or 
providing such coverage, the Secretary shall take into consideration the 
extent to which liability under such contracts or agreements are covered 
by the Federal Tort Claims Act.
    (2) In obtaining or providing such coverage, the Secretary shall, to 
the greatest extent practicable, give a preference to coverage 
underwritten by Indian-owned economic enterprises as defined in section 
1452 of this title, except that, for the purposes of this subsection, 
such enterprises may include non-profit corporations.
    (3)(A) Any policy of insurance obtained or provided by the Secretary 
pursuant to this subsection shall contain a provision that the insurance 
carrier shall waive any right it may have to raise as a defense the 
sovereign immunity of an Indian tribe from suit, but that such waiver 
shall extend only to claims the amount and nature of which are within 
the coverage and limits of the policy and shall not authorize or empower 
such insurance carrier to waive or otherwise limit the tribe's sovereign 
immunity outside or beyond the coverage or limits of the policy of 
insurance.
    (B) No waiver of the sovereign immunity of an Indian tribe pursuant 
to this paragraph shall include a waiver to the extent of any potential 
liability for interest prior to judgment or for punitive damages or for 
any other limitation on liability imposed by the law of the State in 
which the alleged injury occurs.

(d) Tribal organizations and Indian contractors deemed part of Public 
        Health Service

    For purposes of section 233 of title 42, with respect to claims by 
any person, initially filed on or after December 22, 1987, whether or 
not such person is an Indian or Alaska Native or is served on a fee 
basis or under other circumstances as permitted by Federal law or 
regulations for personal injury, including death, resulting from the 
performance prior to, including, or after December 22, 1987, of medical, 
surgical, dental, or related functions, including the conduct of 
clinical studies or investigations, or for purposes of section 2679, 
title 28, with respect to claims by any such person, on or after 
November 29, 1990, for personal injury, including death, resulting from 
the operation of an emergency motor vehicle, an Indian tribe, a tribal 
organization or Indian contractor carrying out a contract, grant 
agreement, or cooperative agreement under sections \2\ 450f or 450h of 
this title is deemed to be part of the Public Health Service in the 
Department of Health and Human Services while carrying out any such 
contract or agreement and its employees (including those acting on 
behalf of the organization or contractor as provided in section 2671 of 
title 28 and including an individual who provides health care services 
pursuant to a personal services contract with a tribal organization for 
the provision of services in any facility owned, operated, or 
constructed under the jurisdiction of the Indian Health Service) are 
deemed employees of the Service while acting within the scope of their 
employment in carrying out the contract or agreement: Provided, That 
such employees shall be deemed to be acting within the scope of their 
employment in carrying out such contract or agreement when they are 
required, by reason of such employment, to perform medical, surgical, 
dental or related functions at a facility other than the facility 
operated pursuant to such contract or agreement, but only if such 
employees are not compensated for the performance of such functions by a 
person or entity other than such Indian tribe, tribal organization or 
Indian contractor.
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    \2\ So in original. Probably should be ``section''.
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(e) Burden of proof at hearing or appeal declining contract; final 
        agency action

    (1) With respect to any hearing or appeal conducted pursuant to 
subsection (b)(3) of this section or any civil action conducted pursuant 
to section 450m-1(a) of this title, the Secretary shall have the burden 
of proof to establish by clearly demonstrating the validity of the 
grounds for declining the contract proposal (or portion thereof).
    (2) Notwithstanding any other provision of law, a decision by an 
official of the Department of the Interior or the Department of Health 
and Human Services, as appropriate (referred to in this paragraph as the 
``Department'') that constitutes final agency action and that relates to 
an appeal within the Department that is conducted under subsection 
(b)(3) of this section shall be made either--
        (A) by an official of the Department who holds a position at a 
    higher organizational level within the Department than the level of 
    the departmental agency (such as the Indian Health Service or the 
    Bureau of Indian Affairs) in which the decision that is the subject 
    of the appeal was made; or
        (B) by an administrative judge.

(Pub. L. 93-638, title I, Sec. 102, formerly Secs. 102 and 103(c), Jan. 
4, 1975, 88 Stat. 2206; Pub. L. 100-202, Sec. 101(g) [title II, 
Sec. 201], Dec. 22, 1987, 101 Stat. 1329-213, 1329-246; Pub. L. 100-446, 
title II, Sec. 201, Sept. 27, 1988, 102 Stat. 1817; renumbered Sec. 102 
and amended Pub. L. 100-472, title II, Sec. 201(a), (b)(1), Oct. 5, 
1988, 102 Stat. 2288, 2289; Pub. L. 100-581, title II, Sec. 210, Nov. 1, 
1988, 102 Stat. 2941; Pub. L. 101-644, title II, Sec. 203(b), Nov. 29, 
1990, 104 Stat. 4666; Pub. L. 103-413, title I, Sec. 102(5)-(9), Oct. 
25, 1994, 108 Stat. 4251-4253; Pub. L. 106-260, Sec. 6, Aug. 18, 2000, 
114 Stat. 732.)

                       References in Text

    Act of April 16, 1934, referred to in subsec. (a)(1)(A), is act Apr. 
16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the 
Johnson-O'Malley Act, which is classified generally to section 452 et 
seq. of this title. For complete classification of this Act to the Code, 
see Short Title note set out under section 452 of this title and Tables.
    Act of August 5, 1954, referred to in subsec. (a)(1)(C), is act Aug. 
5, 1954, ch. 658, 68 Stat. 674, as amended, which is classified 
generally to subchapter I (Sec. 2001 et seq.) of chapter 22 of Title 42, 
The Public Health and Welfare. For complete classification of this Act 
to the Code, see Tables.
    This subchapter, referred to in subsec. (c)(1), was in the original 
``this Act'', meaning Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as 
amended, known as the Indian Self-Determination and Education Assistance 
Act, which is classified principally to this subchapter (Sec. 450 et 
seq.). For complete classification of this Act to the Code, see Short 
Title note set out under section 450 of this title and Tables.
    The Federal Tort Claims Act, referred to in subsec. (c)(1), is 
classified generally to section 1346(b) and chapter 171 (Sec. 2671 et 
seq.) of Title 28, Judiciary and Judicial Procedure.


                               Amendments

    2000--Subsec. (e)(1). Pub. L. 106-260 inserted ``or any civil action 
conducted pursuant to section 450m-1(a) of this title'' after 
``subsection (b)(3) of this section''.
    1994--Subsec. (a)(1). Pub. L. 103-413, Sec. 102(5), inserted 
concluding provisions.
    Subsec. (a)(2). Pub. L. 103-413, Sec. 102(6)(A)(i), (ii), (vi), 
inserted ``, or a proposal to amend or renew a self-determination 
contract,'' before ``to the Secretary for review'' in first sentence 
and, in second sentence, substituted ``Subject to the provisions of 
paragraph (4), the Secretary'' for ``The Secretary'', inserted ``and 
award the contract'' after ``approve the proposal'', substituted ``the 
Secretary provides written notification to the applicant that contains a 
specific finding that clearly demonstrates that, or that is supported by 
a controlling legal authority that'' for ``, within sixty days of 
receipt of the proposal, a specific finding is made that'', and inserted 
concluding provisions.
    Subsec. (a)(2)(D), (E). Pub. L. 103-413, Sec. 102(6)(A)(iii)-(v), 
added subpars. (D) and (E).
    Subsec. (a)(4). Pub. L. 103-413, Sec. 102(6)(B), added par. (4).
    Subsec. (b)(3). Pub. L. 103-413, Sec. 102(7), inserted ``with the 
right to engage in full discovery relevant to any issue raised in the 
matter'' after ``record'' and ``, except that the tribe or tribal 
organization may, in lieu of filing such appeal, exercise the option to 
initiate an action in a Federal district court and proceed directly to 
such court pursuant to section 450m-1(a) of this title'' before period 
at end.
    Subsec. (d). Pub. L. 103-413, Sec. 102(8), substituted ``as provided 
in section 2671 of title 28 and including an individual who provides 
health care services pursuant to a personal services contract with a 
tribal organization for the provision of services in any facility owned, 
operated, or constructed under the jurisdiction of the Indian Health 
Service)'' for ``as provided in section 2671 of title 28)''.
    Subsec. (e). Pub. L. 103-413, Sec. 102(9), added subsec. (e).
    1990--Subsec. (d). Pub. L. 101-644 inserted ``or for purposes of 
section 2679, title 28, with respect to claims by any such person, on or 
after November 29, 1990, for personal injury, including death, resulting 
from the operation of an emergency motor vehicle,'' after 
``investigations,''.
    1988--Pub. L. 100-472, Sec. 201(a), amended section generally, 
revising and restating provisions of subsecs. (a) to (c).
    Subsec. (c)(2). Pub. L. 100-581 which directed amendment of par. (2) 
by substituting ``section 1452 of this title'' for ``section 1425 of 
title 25, United States Code'' was executed by making the substitution 
for ``section 1425, title 25, United States Code'' to reflect the 
probable intent of Congress.
    Subsec. (d). Pub. L. 100-472, Sec. 201(b)(1), redesignated the last 
sentence of subsec. (c) of section 450g of this title as subsec. (d) of 
this section and substituted ``sections 450f or 450h of this title'' for 
``sections 450g and 450h(b) of this title''.
    Pub. L. 100-446 inserted into sentence beginning ``For purposes of'' 
the words ``by any person, initially filed on or after December 22, 
1987, whether or not such person is an Indian or Alaska Native or is 
served on a fee basis or under other circumstances as permitted by 
Federal law or regulations'' after ``claims'', ``prior to, including, or 
after December 22, 1987,'' after ``performance'', ``an Indian tribe,'' 
after ``investigations,'' and ``: Provided, That such employees shall be 
deemed to be acting within the scope of their employment in carrying out 
such contract or agreement when they are required, by reason of such 
employment, to perform medical, surgical, dental or related functions at 
a facility other than the facility operated pursuant to such contract or 
agreement, but only if such employees are not compensated for the 
performance of such functions by a person or entity other than such 
Indian tribe, tribal organization or Indian contractor'' after ``the 
contract or agreement''.
    1987--Subsec. (d). Pub. L. 100-202 inserted sentence at end deeming 
a tribal organization or Indian contractor carrying out a contract, 
grant agreement, or cooperative agreement to be part of the Public 
Health Service while carrying out any such contract or agreement and its 
employees to be employees of the Service while acting within the scope 
of their employment in carrying out the contract or agreement.


                      Short Title of 1991 Amendment

    Pub. L. 102-184, Sec. 1, Dec. 4, 1991, 105 Stat. 1278, provided 
that: ``This Act [amending provisions set out below] may be cited as the 
`Tribal Self-Governance Demonstration Project Act'.''


                               Short Title

    For short title of title I of Pub. L. 93-638, which is classified 
principally to this part, as the ``Indian Self-Determination Act'', see 
section 101 of Pub. L. 93-638, set out as a note under section 450 of 
this title.


                            Savings Provision

    Pub. L. 106-260, Sec. 11, Aug. 18, 2000, 114 Stat. 734, provided 
that: ``Funds appropriated for title III of the Indian Self-
Determination and Education Assistance Act ([Pub. L. 93-638, former] 25 
U.S.C. 450f note) shall be available for use under title V of such Act 
[25 U.S.C. 458aaa et seq.].''


     Tribal Self-Governance--Department of Health and Human Services

    Title VI of Pub. L. 93-638, as added by Pub. L. 106-260, Sec. 5, 
Aug. 18, 2000, 114 Stat. 731, provided that:
``SEC. 601. DEFINITIONS.
    ``(a) In General.--In this title, the Secretary may apply the 
definitions contained in title V [25 U.S.C. 458aaa et seq.].
    ``(b) Other Definitions.--In this title:
        ``(1) Agency.--The term `agency' means any agency or other 
    organizational unit of the Department of Health and Human Services, 
    other than the Indian Health Service.
        ``(2) Secretary.--The term `Secretary' means the Secretary of 
    Health and Human Services.
``SEC. 602. DEMONSTRATION PROJECT FEASIBILITY.
    ``(a) Study.--The Secretary shall conduct a study to determine the 
feasibility of a tribal self-governance demonstration project for 
appropriate programs, services, functions, and activities (or portions 
thereof) of the agency.
    ``(b) Considerations.--In conducting the study, the Secretary shall 
consider--
        ``(1) the probable effects on specific programs and program 
    beneficiaries of such a demonstration project;
        ``(2) statutory, regulatory, or other impediments to 
    implementation of such a demonstration project;
        ``(3) strategies for implementing such a demonstration project;
        ``(4) probable costs or savings associated with such a 
    demonstration project;
        ``(5) methods to assure quality and accountability in such a 
    demonstration project; and
        ``(6) such other issues that may be determined by the Secretary 
    or developed through consultation pursuant to section 603.
    ``(c) Report.--Not later than 18 months after the date of the 
enactment of this title [Aug. 18, 2000], the Secretary shall submit a 
report to the Committee on Indian Affairs of the Senate and the 
Committee on Resources of the House of Representatives. The report shall 
contain--
        ``(1) the results of the study under this section;
        ``(2) a list of programs, services, functions, and activities 
    (or portions thereof) within each agency with respect to which it 
    would be feasible to include in a tribal self-governance 
    demonstration project;
        ``(3) a list of programs, services, functions, and activities 
    (or portions thereof) included in the list provided pursuant to 
    paragraph (2) that could be included in a tribal self-governance 
    demonstration project without amending statutes, or waiving 
    regulations that the Secretary may not waive;
        ``(4) a list of legislative actions required in order to include 
    those programs, services, functions, and activities (or portions 
    thereof) included in the list provided pursuant to paragraph (2) but 
    not included in the list provided pursuant to paragraph (3) in a 
    tribal self-governance demonstration project; and
        ``(5) any separate views of tribes and other entities consulted 
    pursuant to section 603 related to the information provided pursuant 
    to paragraphs (1) through (4).
``SEC. 603. CONSULTATION.
    ``(a) Study Protocol.--
        ``(1) Consultation with indian tribes.--The Secretary shall 
    consult with Indian tribes to determine a protocol for consultation 
    under subsection (b) prior to consultation under such subsection 
    with the other entities described in such subsection.
        ``(2) Requirements for protocol.--The protocol shall require, at 
    a minimum, that--
            ``(A) the government-to-government relationship with Indian 
        tribes forms the basis for the consultation process;
            ``(B) the Indian tribes and the Secretary jointly conduct 
        the consultations required by this section; and
            ``(C) the consultation process allows for separate and 
        direct recommendations from the Indian tribes and other entities 
        described in subsection (b).
    ``(b) Conducting Study.--In conducting the study under this title, 
the Secretary shall consult with Indian tribes, States, counties, 
municipalities, program beneficiaries, and interested public interest 
groups, and may consult with other entities as appropriate.
``SEC. 604. AUTHORIZATION OF APPROPRIATIONS.
    ``There are authorized to be appropriated such sums as may be 
necessary to carry out this title. Such sums shall remain available 
until expended.''


              Indian Tribal Tort Claims and Risk Management

    Pub. L. 105-277, div. A, Sec. 101(e) [title VII], Oct. 21, 1998, 112 
Stat. 2681-231, 2681-335, provided that:
``SEC. 701. SHORT TITLE.
    ``This title may be cited as the `Indian Tribal Tort Claims and Risk 
Management Act of 1998'.''
``SEC. 702. FINDINGS AND PURPOSE.
    ``(a) Findings.--Congress finds that--
        ``(1) Indian tribes have made significant achievements toward 
    developing a foundation for economic self-sufficiency and self-
    determination, and that economic self-sufficiency and self-
    determination have increased opportunities for the Indian tribes and 
    other entities and persons to interact more frequently in commerce 
    and intergovernmental relationships;
        ``(2) although Indian tribes have sought and secured liability 
    insurance coverage to meet their needs, many Indian tribes are faced 
    with significant barriers to obtaining liability insurance because 
    of the high cost or unavailability of such coverage in the private 
    market;
        ``(3) as a result, Congress has extended liability coverage 
    provided to Indian tribes to organizations to carry out activities 
    under the Indian Self-Determination and Education Assistance Act (25 
    U.S.C. 450 et seq.); and
        ``(4) there is an emergent need for comprehensive and cost-
    efficient insurance that allows the economy of Indian tribes to 
    continue to grow and provides compensation to persons that may 
    suffer personal injury or loss of property.
    ``(b) Purpose.--The purpose of this title is to provide for a study 
to facilitate relief for a person who is injured as a result of an 
official action of a tribal government.
``SEC. 703. DEFINITIONS.
    ``In this title:
        ``(1) Indian tribe.--The term `Indian tribe' has the meaning 
    given that term in section 4(e) of the Indian Self-Determination and 
    Education Assistance Act (25 U.S.C. 450b(e)).
        ``(2) Secretary.--The term `Secretary' means the Secretary of 
    the Interior.
        ``(3) Tribal organization.--The term `tribal organization' has 
    the meaning given that term in section 4(l) of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C. 450b(l)).
``SEC. 704. STUDY AND REPORT TO CONGRESS.
    ``(a) In General.--
        ``(1) Study.--In order to minimize and, if possible, eliminate 
    redundant or duplicative liability insurance coverage and to ensure 
    that the provision of insurance to Indian tribes is cost-effective, 
    the Secretary shall conduct a comprehensive survey of the degree, 
    type, and adequacy of liability insurance coverage of Indian tribes 
    at the time of the study.
        ``(2) Contents of study.--The study conducted under this 
    subsection shall include--
            ``(A) an analysis of loss data;
            ``(B) risk assessments;
            ``(C) projected exposure to liability, and related matters; 
        and
            ``(D) the category of risk and coverage involved, which may 
        include--
                ``(i) general liability;
                ``(ii) automobile liability;
                ``(iii) the liability of officials of the Indian tribe;
                ``(iv) law enforcement liability;
                ``(v) workers' compensation; and
                ``(vi) other types of liability contingencies.
        ``(3) Assessment of coverage by categories of risk.--For each 
    Indian tribe, for each category of risk identified under paragraph 
    (2), the Secretary, in conducting the study, shall determine whether 
    insurance coverage or coverage under chapter 171 of title 28, United 
    States Code, applies to that Indian tribe for that activity.
    ``(b) Report.--Not later than June 1, 1999, and annually thereafter, 
the Secretary shall submit a report to Congress that contains 
legislative recommendations that the Secretary determines to--
        ``(1) be appropriate to improve the provision of insurance 
    coverage to Indian tribes; or
        ``(2) otherwise achieve the purpose of providing relief to 
    persons who are injured as a result of an official action of a 
    tribal government.
``SEC. 705. AUTHORIZATION OF APPROPRIATIONS.
    ``There are authorized to be appropriated to the Department of the 
Interior such sums as may be necessary to carry out this title.''


   Claims Resulting From Performance of Contract, Grant Agreement, or 
Cooperative Agreement; Civil Action Against Tribe, Tribal Organization, 
Etc., Deemed Action Against United States; Reimbursement of Treasury for 
                            Payment of Claims

    Pub. L. 101-512, title III, Sec. 314, Nov. 5, 1990, 104 Stat. 1959, 
as amended by Pub. L. 103-138, title III, Sec. 308, Nov. 11, 1993, 107 
Stat. 1416, provided that: ``With respect to claims resulting from the 
performance of functions during fiscal year 1991 and thereafter, or 
claims asserted after September 30, 1990, but resulting from the 
performance of functions prior to fiscal year 1991, under a contract, 
grant agreement, or any other agreement or compact authorized by the 
Indian Self-Determination and Education Assistance Act of 1975, as 
amended (88 Stat. 2203; 25 U.S.C. 450 et seq.) [Pub. L. 93-638, see 
Short Title note set out under section 450 of this title and Tables] or 
by title V, part B, Tribally Controlled School Grants of the Hawkins-
Stafford Elementary and Secondary School Improvement Amendments of 1988, 
as amended (102 Stat. 385; 25 U.S.C. 2501 et seq.), an Indian tribe, 
tribal organization or Indian contractor is deemed hereafter to be part 
of the Bureau of Indian Affairs in the Department of the Interior or the 
Indian Health Service in the Department of Health and Human Services 
while carrying out any such contract or agreement and its employees are 
deemed employees of the Bureau or Service while acting within the scope 
of their employment in carrying out the contract or agreement: Provided, 
That after September 30, 1990, any civil action or proceeding involving 
such claims brought hereafter against any tribe, tribal organization, 
Indian contractor or tribal employee covered by this provision shall be 
deemed to be an action against the United States and will be defended by 
the Attorney General and be afforded the full protection and coverage of 
the Federal Tort Claims Act [28 U.S.C. 1346(b), 2671 et seq.]: Provided 
further, That beginning with the fiscal year ending September 30, 1991, 
and thereafter, the appropriate Secretary shall request through annual 
appropriations funds sufficient to reimburse the Treasury for any claims 
paid in the prior fiscal year pursuant to the foregoing provisions: 
Provided further, That nothing in this section shall in any way affect 
the provisions of section 102(d) of the Indian Self-Determination and 
Education Assistance Act of 1975, as amended (88 Stat. 2203; 25 U.S.C. 
450 et seq.) [25 U.S.C. 450f(d)].''


           Reference to Section 450g(c) in Public Law 100-446

    Section 201(b)(2) of Pub. L. 100-472 provided that: ``Any reference 
to section 103(c) [Sec. 103(c) of Pub. L. 93-638, formerly 25 U.S.C. 
450g(c)] contained in an Act making appropriations for the Department of 
the Interior and Related Agencies for fiscal year 1989 [Pub. L. 100-446] 
shall be deemed to apply to section 102(d) of such Act [Sec. 102(d) of 
Pub. L. 93-638, 25 U.S.C. 450f(d)] as amended by this Act.''


              Tribal Self-Governance Demonstration Project

    Title III of Pub. L. 93-638, as added by Pub. L. 100-472, title II, 
Sec. 209, Oct. 5, 1988, 102 Stat. 2296; amended by Pub. L. 102-184, 
Secs. 2-6, Dec. 4, 1991, 105 Stat. 1278; Pub. L. 102-573, title VIII, 
Sec. 814, Oct. 29, 1992, 106 Stat. 4590; Pub. L. 103-435, Sec. 22(a)(2), 
(3), Nov. 2, 1994, 108 Stat. 4575; Pub. L. 103-437, Sec. 10(c)(1), Nov. 
2, 1994, 108 Stat. 4589; Pub. L. 105-244, title IX, Sec. 901(d), Oct. 7, 
1998, 112 Stat. 1828, related to tribal self-governance research and 
demonstration project conducted by Secretary of the Interior and 
Secretary of Health and Human Services, prior to repeal by Pub. L. 106-
260, Sec. 10, Aug. 18, 2000, 114 Stat. 734.

                  Section Referred to in Other Sections

    This section is referred to in sections 450b, 450c, 450e-1, 450h, 
450j, 450k, 450l, 450m, 450m-1, 458cc, 458ff, 458aaa-5, 458aaa-15, 1631, 
1724, 2026 of this title; title 20 section 2326; title 29 section 741; 
title 42 section 2004b.
