229. Tribal Self-Governance Act of 1994, October 25, 1994
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353 oversee and coordinate reforms within the Department of practices relating to the management and discharge of such responsibilities ; (2) to ensure that reform of such practices in the Department is carried out in a unified manner and that reforms of the policies, practices, procedures and systems of the Bureau, Minerals Management Service, and Bureau of Land Management, which carry out such trust responsibilities, are effective, consistent, and integrated; and (3) to ensure the implementation of all reforms necessary for the proper discharge of the Secretary’s trust responsibilities to Indian tribes and individual Indians . sec. 302. office of special trustee for american indians. (a) Establishment.—There is hereby established within the Department of the Interior the Office of Special Trustee for American Indians. The Office shall be headed by the Special Trustee who shall report directly to the Secretary. . . . [U.S. Statutes at Large, 108:4239–44.] 229. Tribal Self-Governance Act of 1994 October 25, 1994 The success of the Tribal Self-Governance Demonstration Project led to this permanent legislation providing for tribal self-governance. The avowed purpose of Congress was to implement the federal policy of government-to-government relations with Indian tribes and to strengthen Indian self-determination. But the act was careful to prescribe that the trust responsibility of the federal government was in no way to be lessened. Under this act the number of participating tribes and groups of tribes (consortiums) continued to grow. An Act to specify the terms of contracts entered into by the United States and Indian tribal organizations under the Indian Self-Determination and Education Assistance Act and to provide for tribal Self-Governance, and for other purposes. . . . . TITLE II—SELF-GOVERNANCE . . . . sec. 202. findings. Congress finds that— (1) the tribal right of self-government flows from the inherent sovereignty of Indian tribes and nations; (2) the United States recognizes a special government-to-government relationship with Indian tribes, including the right of the tribes to self-governance, as re- flected in the Constitution, treaties, Federal statutes, and the course of dealings of the United States with Indian tribes; (3) although progress has been made, the Federal bureaucracy, with its centralized rules and regulations, has eroded tribal self-governance and dominates tribal affairs; (4) the Tribal Self-Governance Demonstration Project was designed to improve and perpetuate the governmentto -government relationship between Indian tribes and the United States and to strengthen tribal control over Federal funding and program management; and (5) Congress has reviewed the results of the Tribal Self-Governance Demonstration Project and finds that— (A) transferring control to tribal governments, upon tribal request, over funding and decisionmaking for Federal programs, services, functions, and activities, or portions thereof, is an effective way to implement the Federal policy of government-to-government relations with Indian tribes; and (B) transferring control to tribal governments, upon tribal request, over funding and decisionmaking for Federal programs, services, functions, and activities strengthens the Federal policy of Indian self-determination. 354 sec. 203. declaration of policy. It is the policy of this title to permanently establish and implement tribal selfgovernance — (1) to enable the United States to maintain and improve its unique and continuing relationship with, and responsibility to, Indian tribes; (2) to permit each Indian tribe to choose the extent of the participation of such tribe in self-governance; (3) to coexist with the provisions of the Indian Self-Determination Act relating to the provision of Indian services by designated Federal agencies; (4) to ensure the continuation of the trust responsibility of the United States to Indian tribes and Indian individuals; (5) to permit an orderly transition from Federal domination of programs and services to provide Indian tribes with meaningful authority to plan, conduct, redesign, and administer programs, services , functions, and activities that meet the needs of the individual tribal communities ; and (6) to provide an orderly transition through a planned and measurable parallel reduction in the Federal bureaucracy. sec. 204. tribal self-governance. The Indian Self-Determination and Education Assistance Act is amended by adding at the end the following new title: “TITLE IV—TRIBAL SELF-GOVERNANCE “sec. 401. establishment. “The Secretary of the Interior (hereinafter in this title referred to as the ‘Secretary ’) shall establish and carry out a program within the Department of the Interior to be known as Tribal Self-Governance (hereinafter in this title referred to as ‘SelfGovernance ’) in accordance with this title. “sec. 402. selection of participating indian tribes. “(a) Continuing Participation.—Each Indian tribe that...


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