CONTRACT APPEALS.

SEC. 206. CONTRACT APPEALS. Title I of the Indian Self-Determination and Education Assistance Act is further amended— (a) by adding the following new section 110: 102 STAT. 2295 “Sec. 110. (a) The United States district courts shall have original jurisdiction over any civil action or claim against the appropriate Secretary arising under this Act and, subject to the provisions of subsection (d) of this section and concurrent with the United States Court of Claims, over civil action or claim against the Secretary for money damages arising under contracts authorized by this Act. In an action brought under this paragraph, the district courts may order appropriate relief including money damages, injunctive relief against any action by an officer of the United States or any agency thereof contrary to this Act or regulations promulgated thereunder, or mandamus to compel an officer or employee of the United States, or any agency thereof, to perform a duty provided under this Act or regulations promulgated hereunder. “(b) Unless otherwise agreed to by the resolution of an Indian tribe, the Secretary shall not revise or amend a Self-Determination contract with such tribe. “(c) The Equal Access to Justice Act (Public Law 96–481, Act of October 1, 1980; 94 Stat. 2325, as amended) shall apply to administrative appeals by tribal organizations regarding Self-Determination contracts. “(d) The Contract Disputes Act (Public Law 95–563, Act of November 1, 1978; 92 Stat. 2383, as amended) shall apply to selfdetermina-tion contracts. “(e) Subsection (d) of this section shall apply to any case pending or commenced on or after March 17, 1986, before the Boards of Contract Appeals of the Department of the Interior or the Department of Health and Human Services except that in any such cases finally disposed of before the date of enactment of these amendments, the thirty-day period referred to in section 504(a)(2) of title 5, United States Code, shall be deemed to commence on the date of enactment of this subsection.”; and (b) by redesignating existing section 110 as section 111. SEC. 207. PROMULGATION OF RULES AND REGULATIONS. (a) Section 107(a) of the Indian Self-Determination Act is amended by— (1) striking the phrase “Health, Education, and Welfare” and inserting, in lieu thereof, the phrase “Health and Human Services”; and (2) striking the period at the end thereof and inserting, in lieu thereof, a colon and the following: “Provided, however, That all Federal requirements for Self-Determination contracts and grants under this Act shall be promulgated as regulations in conformity with sections 552 and 553 of title 5, United States Code.”. (b) Section 107(b) of the Indian Self-Determination Act is amended to read as follows: “(b) (1) Within three months from the date of enactment of the Indian Self-Determination and Education Assistance Act Amendments of 1988, the Secretary shall consider and formulate appropriate regulations to implement the provisions of this Act, with the participation of Indian tribes. Such proposed regulations shall contain all Federal requirements applicable to Self-Determination con-tracts and grants under this Act. “(2) Within six months from the date of enactment of the Indian Self-Determination and Education Assistance Act Amendments of 1988, the Secretary shall present the proposed regulations to the 102 STAT. 2296Select Committee on Indian Affairs of the United States Senate and to the Committee on Interior and Insular Affairs of the United States House of Representatives. “(3) Within seven months from the date of enactment of the Indian Self-Determination and Education Assistance Act Amendments of 1988, the Secretary shall publish proposed regulations in the Federal Register for the purpose of receiving comments from tribes and other interested parties. “(4) Within ten months from the date of enactment of the Indian Self-Determination and Education Assistance Act Amendments of 1988, the Secretary shall promulgate regulations to implement the provisions of such Act.”. SEC. 208. REPORTS.Section 108 of the Indian Self-Determination Act is redesignated as subsection 5(f) of the Indian Self-Determination and Education Assistance Act and is amended by deleting the period at the end and inserting, in lieu thereof, the following: “through regulations promulgated under sections 552 and 553 of title 5, United States Code.”. SEC. 209. TRIBAL SELF-GOVERNANCE DEMONSTRATION PROJECT.The Indian Self-Determination and Education Assistance Act is further amended by adding a new title HI, as follows: “TITLE III—TRIBAL SELF-GOVERNANCE DEMONSTRATION PROJECT “Sec. 301. The Secretary of the Interior shall, for a period not to exceed five years following enactment of this title, conduct a re-search and demonstration project to be known as the Tribal Self-Governance Project according to the provisions of this title. “Sec. 302. (a) The Secretary shall select twenty tribes to participate in the demonstration project, as follows: “(1) a tribe that successfully completes a Self-Governance Planning Grant, authorized by Conference Report 100–498 to accompany H.J. Res. 395, One Hundredth Congress, first session shall be selected to participate in the demonstration project; and “(2) the Secretary shall select, in such a manner as to achieve geographic representation, the remaining tribal participants from the pool of qualified applicants. In order to be in the pool of qualified applicants— “(A) the governing body of the tribe shall request participation in the demonstration project; “(B) such tribe shall have operated two or more mature contracts; and “(C) such tribe shall have demonstrated, for the previous three fiscal years, financial stability and financial management capability as evidenced by such tribe having no significant and material audit exceptions in the required annual audit of such tribe’s Self-Determination contracts. “Sec. 303. (a) The Secretary is directed to negotiate, and to enter into, an annual written funding agreement with the governing body of a participating tribal government which— “(1) shall authorize the tribe to plan, conduct, consolidate, and administer programs, services and functions authorized under 102 STAT. 2297 the Act of April 16, 1934 (48 Stat. 596), as amended, and the Act of November 2, 1921 (42 Stat. 208); “(2) subject to the terms of the written agreement authorized by this title, shall authorize the tribe to redesign programs, activities, functions or services and to reallocate funds for such programs, activities, functions or services; “(3) shall not include funds provided pursuant to the Tribally Controlled Community College Assistance Act (Public Law 95– 471), for elementary and secondary schools under the Indian School Equalization Formula pursuant to title XI of the Education Amendments of 1978 (Public Law 95–561, as amended), or for either the Flathead Agency Irrigation Division or the Flat-head Agency Power Division: Provided, That nothing in this section shall affect the contractability of such divisions under section 102 of this Act; “(4) shall specify the services to be provided, the functions to be performed, and the responsibilities of the tribe and the Secretary pursuant to this agreement; “(5) shall specify the authority of the tribe and the Secretary, and the procedures to be used, to reallocate funds or modify budget allocations within any project year, “(6) shall, except as provided in paragraphs (1) and (2), provide for payment by the Secretary to the tribe of funds from one or more programs, services, functions, or activities in an amount equal to that which the tribe would have been eligible to receive under contracts and grants under this Act, including direct program costs and indirect costs, and for any funds which are specifically related to the provision by the Secretary of services and benefits to the tribe and its members: Provided, however, That funds for trust services to individual Indians are available under this written agreement only to the extent that the same services which would have been provided by the Secretary are provided to individual Indians by the tribe; “(7) shall not allow the Secretary to waive, modify or diminish in any way the trust responsibility of the United States with respect to Indian tribes and individual Indians which exists under treaties, Executive orders, and Acts of Congress; “(8) shall allow for retrocession of programs or portions thereof pursuant to section 105(e) of this Act; and “(9) shall be submitted by the Secretary ninety days in advance of the proposed effective date of the agreement to each tribe which is served by the agency which is serving the tribe which is a party to the funding agreement and to the Congress for review by the Select Committee on Indian Affairs of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives. “(b) For the year for which, and to the extent to which, funding is provided to a tribe pursuant to this title, such tribe— “(1) shall not be entitled to contract with the Secretary for such funds under section 102, except that such tribe shall be eligible for new programs on the same basis as other tribes; and “(2) shall be responsible for the administration of programs, services and activities pursuant to agreements under this title. “(c) At the request of the governing body of the tribe and under the terms of an agreement pursuant to subsection (a), the Secretary shall provide funding to such tribe to implement the agreement. 102 STAT. 2298 “(d) For the purpose of section 110 of this Act the term ‘contract’ shall also include agreements authorized by this title. “(e) To the extent feasible, the Secretary shall interpret Federal laws and regulations in a manner that will facilitate the agreements authorized by this title. “Sec. 304. The Secretary shall identify, in the President’s annual budget request to the Congress, any funds proposed to be included in the Tribal Self-Governance Project. The use of funds pursuant to this title shall be subject to specific directives or limitations as may be included in applicable appropriations Acts. “Sec. 305. The Secretary shall submit to the Congress a written report on July 1 and January 1 of each of the five years following the date of enactment of this title on the relative costs and benefits of the Tribal Self-Governance Project. Such report shall be based on mutually determined baseline measurements jointly developed by the Secretary and participating tribes, and shall separately include the views of the tribes. “Sec. 306. Nothing in this title shall be construed to limit or reduce in any way the services, contracts or funds that any other Indian tribe or tribal organization is eligible to receive under section 102 or any other applicable Federal law and the provisions of section 110 of this Act shall be available to any tribe or Indian organization which alleges that a funding agreement is in violation of this section.”.