134 STAT. 857 PUBLIC LAW 116–180—OCT. 21, 2020 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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (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’’. (b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—TRIBAL SELF-GOVERNANCE Sec. 101. Tribal self-governance. TITLE II—INDIAN SELF-DETERMINATION Sec. 201. Definitions; reporting and audit requirements; application of provisions. Sec. 202. Contracts by Secretary of the Interior. Sec. 203. Administrative provisions. Sec. 204. Contract funding and indirect costs. Sec. 205. Contract or grant specifications. TITLE I—TRIBAL SELF-GOVERNANCE SEC. 101. TRIBAL SELF-GOVERNANCE. (a) EFFECT OF PROVISIONS.—Nothing in this Act, or the amend- ments made by this Act, shall be construed— (1) to modify, limit, expand, or otherwise affect— (A) the authority of the Secretary of the Interior, as provided for under the Indian Self-Determination and Edu- cation Assistance Act (as in effect on the day before the date of enactment of this Act), regarding— (i) the inclusion of any non-BIA program (as defined in section 401 of the Indian Self-Determination and Education Assistance Act) in a self-determination contract or funding agreement under section 403(c) of such Act (as so in effect); or (ii) the implementation of any contract or agree- ment described in clause (i) that is in effect on the day described in subparagraph (A); (B) the meaning, application, or effect of any Tribal water rights settlement, including the performance 25 USC 5361 note. 25 USC 5301 note. Practical Reforms and Other Goals To Reinforce the Effectiveness of Self-Governance and Self- Determination for Indian Tribes Act of 2019. Oct. 21, 2020 [S. 209] VerDate Sep 11 2014 13:23 Oct 23, 2020 Jkt 019139 PO 00180 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL180.116 PUBL180 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 858 PUBLIC LAW 116–180—OCT. 21, 2020 required of a party thereto or any payment or funding obligation thereunder; (C) the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under State law (including regulations) on land or water in the State, including Federal public land; (D) except for the authority provided to the Secretary as described in subparagraph (A), the applicability or effect of any Federal law related to the protection or management of fish or wildlife; or (E) any treaty-reserved right or other right of any Indian Tribe as recognized by any other means, including treaties or agreements with the United States, Executive orders, statutes, regulations, or case law; or (2) to authorize any provision of a contract or agreement that is not consistent with the terms of a Tribal water rights settlement. (b) DEFINITIONS.—Section 401 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5361) is amended to read as follows: ‘‘SEC. 401. DEFINITIONS. ‘‘In this title: ‘‘(1) COMPACT.—The term ‘compact’ means a self-govern- ance compact entered into under section 404. ‘‘(2) CONSTRUCTION PROGRAM; CONSTRUCTION PROJECT.— The term ‘construction program’ or ‘construction project’ means a Tribal undertaking relating to the administration, planning, environmental determination, design, construction, repair, improvement, or expansion of roads, bridges, buildings, struc- tures, systems, or other facilities for purposes of housing, law enforcement, detention, sanitation, water supply, education, administration, community, health, irrigation, agriculture, con- servation, flood control, transportation, or port facilities, or for other Tribal purposes. ‘‘(3) DEPARTMENT.—The term ‘Department’ means the Department of the Interior. ‘‘(4) FUNDING AGREEMENT.—The term ‘funding agreement’ means a funding agreement entered into under section 403. ‘‘(5) GROSS MISMANAGEMENT.—The term ‘gross mismanage- ment’ means a significant violation, shown by a preponderance of the evidence, of a compact, funding agreement, or statutory or regulatory requirement applicable to Federal funds for a program administered by an Indian Tribe under a compact or funding agreement. ‘‘(6) INHERENT FEDERAL FUNCTION.—The term ‘inherent Federal function’ means a Federal function that may not legally be delegated to an Indian Tribe. ‘‘(7) NON-BIA PROGRAM.—The term ‘non-BIA program’ means all or a portion of a program, function, service, or activity that is administered by any bureau, service, office, or agency of the Department of the Interior other than— ‘‘(A) the Bureau of Indian Affairs; ‘‘(B) the Office of the Assistant Secretary for Indian Affairs; or ‘‘(C) the Office of the Special Trustee for American Indians. VerDate Sep 11 2014 13:23 Oct 23, 2020 Jkt 019139 PO 00180 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL180.116 PUBL180 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 859 PUBLIC LAW 116–180—OCT. 21, 2020 ‘‘(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. ‘‘(9) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior. ‘‘(10) SELF-DETERMINATION CONTRACT.—The term ‘self- determination contract’ means a self-determination contract entered into under section 102. ‘‘(11) SELF-GOVERNANCE.—The term ‘self-governance’ means the Tribal Self-Governance Program established under section 402. ‘‘(12) TRIBAL SHARE.—The term ‘Tribal share’ means the portion of all funds and resources of an Indian Tribe that— ‘‘(A) support any program within the Bureau of Indian Affairs, the Office of the Special Trustee for American Indians, or the Office of the Assistant Secretary for Indian Affairs; and ‘‘(B) are not required by the Secretary for the perform- ance of an inherent Federal function. ‘‘(13) TRIBAL WATER RIGHTS SETTLEMENT.—The term ‘Tribal water rights settlement’ means any settlement, compact, or other agreement expressly ratified or approved by an Act of Congress that— ‘‘(A) includes an Indian Tribe and the United States as parties; and ‘‘(B) quantifies or otherwise defines any water right of the Indian Tribe.’’. (c) ESTABLISHMENT.—Section 402 of the Indian Self-Determina- tion and Education Assistance Act (25 U.S.C. 5362) is amended to read as follows: ‘‘SEC. 402. 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) SELECTION OF PARTICIPATING INDIAN TRIBES.— ‘‘(1) IN GENERAL.— ‘‘(A) ELIGIBILITY.—The Secretary, acting through the Director of the Office of Self-Governance, may select not more than 50 new Indian Tribes per year from those tribes eligible under subsection (c) to participate in self-govern- ance. ‘‘(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. ‘‘(2) OTHER AUTHORIZED INDIAN TRIBE OR TRIBAL ORGANIZA- TION.—If an Indian Tribe authorizes another Indian Tribe or a Tribal organization to plan for or carry out a program on its behalf under this title, the authorized Indian Tribe or Tribal organization shall have the rights and responsibilities of the authorizing Indian Tribe (except as otherwise provided in the authorizing resolution). ‘‘(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 VerDate Sep 11 2014 13:23 Oct 23, 2020 Jkt 019139 PO 00180 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL180.116 PUBL180 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 860 PUBLIC LAW 116–180—OCT. 21, 2020 of participating in self-governance as a Tribal organization if— ‘‘(A) each Indian Tribe so requests; and ‘‘(B) the Tribal organization itself, or at least one of the Indian Tribes participating in the Tribal organization, is eligible under subsection (c). ‘‘(4) TRIBAL WITHDRAWAL FROM A TRIBAL ORGANIZATION.— ‘‘(A) IN GENERAL.—An Indian Tribe that withdraws from participation in a Tribal organization, in whole or in part, shall be entitled to participate in self-governance if the Indian Tribe is eligible under subsection (c). ‘‘(B) EFFECT OF WITHDRAWAL.—If an Indian Tribe with- draws from participation in a Tribal organization, the Indian Tribe shall be entitled to its Tribal share of funds and resources supporting the programs that the Indian Tribe is entitled to carry out under the compact and funding agreement of the Indian Tribe. ‘‘(C) PARTICIPATION IN SELF-GOVERNANCE.—The with- drawal of an Indian Tribe from a Tribal organization shall not affect the eligibility of the Tribal organization to partici- pate in self-governance on behalf of one or more other Indian Tribes, if the Tribal organization still qualifies under subsection (c). ‘‘(D) WITHDRAWAL PROCESS.— ‘‘(i) IN GENERAL.—An Indian Tribe may, by Tribal resolution, fully or partially withdraw its Tribal share of any program in a funding agreement from a partici- pating Tribal organization. ‘‘(ii) NOTIFICATION.—The Indian Tribe shall pro- vide a copy of the Tribal resolution described in clause (i) to the Secretary. ‘‘(iii) EFFECTIVE DATE.— ‘‘(I) IN GENERAL.—A withdrawal under clause (i) shall become effective on the date that is speci- fied in the Tribal resolution and mutually agreed upon by the Secretary, the withdrawing Indian Tribe, and the Tribal organization that signed the compact and funding agreement on behalf of the withdrawing Indian Tribe or Tribal organization. ‘‘(II) NO SPECIFIED DATE.—In the absence of a date specified in the resolution, the withdrawal shall become effective on— ‘‘(aa) the earlier of— ‘‘(AA) 1 year after the date of submis- sion of the request; and ‘‘(BB) the date on which the funding agreement expires; or ‘‘(bb) such date as may be mutually agreed upon by the Secretary, the withdrawing Indian Tribe, and the Tribal organization that signed the compact and funding agreement on behalf of the withdrawing Indian Tribe or Tribal organization. ‘‘(E) DISTRIBUTION OF FUNDS.—If an Indian Tribe or Tribal organization eligible to enter into a self-determina- tion contract or a compact or funding agreement fully or Contracts. Records. VerDate Sep 11 2014 13:23 Oct 23, 2020 Jkt 019139 PO 00180 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL180.116 PUBL180 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 861 PUBLIC LAW 116–180—OCT. 21, 2020 partially withdraws from a participating Tribal organiza- tion, 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 organiza- tion); and ‘‘(II) the funds referred to in subclause (I) shall be withdrawn by the Secretary from the funding agreement of the Tribal organization and trans- ferred to the withdrawing Indian Tribe, on the condition that sections 102 and 105(i), as appro- priate, shall apply to the withdrawing Indian Tribe; or ‘‘(ii) may elect not to enter into a self-determination contract or compact, in which case all unexpended funds and resources associated with the withdrawing Indian Tribe’s returned programs (calculated on the same basis as the funds were initially allocated to the funding agreement of the Tribal organization) shall be returned by the Tribal organization to the Secretary for operation of the programs included in the with- drawal. ‘‘(F) RETURN TO MATURE CONTRACT STATUS.—If an Indian Tribe elects to operate all or some programs carried out under a compact or funding agreement under this title through a self-determination contract under title I, at the option of the Indian Tribe, the resulting self-deter- mination contract shall be a mature self-determination con- tract as long as the Indian Tribe meets the requirements set forth in section 4(h). ‘‘(c) ELIGIBILITY.—To be eligible to participate in self-govern- ance, an Indian Tribe shall— ‘‘(1) successfully complete the planning phase described in subsection (d); ‘‘(2) request participation in self-governance by resolution or other official action by the Tribal governing body; and ‘‘(3) demonstrate, for the 3 fiscal years preceding the date on which the Indian Tribe requests participation, financial sta- bility 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-deter- mination or self-governance agreements with any Federal agency. ‘‘(d) PLANNING PHASE.— ‘‘(1) IN GENERAL.—An Indian Tribe seeking to begin partici- pation in self-governance shall complete a planning phase as provided in this subsection. ‘‘(2) ACTIVITIES.—The planning phase shall— ‘‘(A) be conducted to the satisfaction of the Indian Tribe; and Time period. Applicability. VerDate Sep 11 2014 13:23 Oct 23, 2020 Jkt 019139 PO 00180 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL180.116 PUBL180 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 862 PUBLIC LAW 116–180—OCT. 21, 2020 ‘‘(B) include— ‘‘(i) legal and budgetary research; and ‘‘(ii) internal Tribal government planning, training, and organizational preparation. ‘‘(e) GRANTS.— ‘‘(1) IN GENERAL.—Subject to the availability of appropria- tions, an Indian Tribe or Tribal organization that meets the requirements of paragraphs (2) and (3) of subsection (c) shall be eligible for grants— ‘‘(A) to plan for participation in self-governance; 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. ‘‘(2) RECEIPT OF GRANT NOT REQUIRED.—Receipt of a grant under paragraph (1) shall not be a requirement of participation in self-governance.’’. (d) FUNDING AGREEMENTS.—Section 403 of the Indian Self- Determination [Text truncated for display. Full text available on Congress.gov.]