S. 286 — what changed
Department of the Interior Tribal Self-Governance Act of 2015
From Reported in Senate to Engrossed in Senate. 3 sections amended between Reported in Senate and Engrossed in Senate.
Sec. 101 Definitions; reporting and audit requirements; application of provisions
Definitions— Section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) is amended by striking subsection (j) and inserting the following:
“(j) self-determination contract means a contract entered into under title I (or a grant or cooperative agreement used under section 9) between a tribal organization and the appropriate Secretary for the planning, conduct, and administration of programs or services that are otherwise provided to Indian tribes and members of Indian tribes pursuant to Federal law, subject to the condition that, except as provided in section 105(a)(3), no contract entered into under title I (or grant or cooperative agreement used under section 9) shall be—
“(1) considered to be a procurement contract; or
“(2) except as provided in section 107(a)(1), subject to any Federal procurement law (including regulations);”
changed
Reporting and audit requirements— Section 5(b) 5 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450c(b)) 450c) is amended—
added
in subsection (b)—
renumbered
was (3)(3)
by striking “after completion of the project or undertaking referred to in the preceding subsection of this section” and inserting “after the retention period for the report that is submitted to the Secretary under subsection (a)”; and
added
by adding at the end the following: “The retention period shall be defined in regulations promulgated by the Secretary pursuant to section 414.”; and
changed
by adding at the end the following: “The retention period shall be defined in regulations promulgated subsection (f)(1), by inserting “if the Secretary pursuant to section 414.”.tribal organization expends $500,000 or more in Federal awards during that fiscal year” after “under this Act,”.
added
Effective date— The amendment made by subsection (b)(2) shall not take effect until 14 months after the date of enactment of this Act.
renumbered
was (4)
Application of other provisions— Sections 4, 5, 6, 7, 102(c), 104, 105(a)(1), 105(f), 110, and 111 of the Indian Self-Determination and Education Assistance Act, as amended (25 U.S.C. 450 et seq.) (Public Law 93–638; 88 Stat. 2203) and section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991 (Public Law 101–512; 104 Stat. 1959), apply to compacts and funding agreements entered into under title IV.
Sec. 103 Administrative provisions
Section 105 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j) is amended—
in subsection (b), in the first sentence, by striking “pursuant to” and all that follows through “of this Act” and inserting “pursuant to sections 102 and 103”; and
by adding at the end the following:
“(p) Interpretation by secretary—Except as otherwise provided by law (including section 202 of the Department of the Interior Tribal Self-Governance Act of 2015), the Secretary shall interpret all Federal laws (including regulations) and Executive orders in a manner that facilitates, to the maximum extent practicable—
“(1) the inclusion in self-determination contracts and funding agreements of—
“(A) applicable programs, services, functions, and activities (or portions thereof); and
“(B) funds associated with those programs, services, functions, and activities;
“(2) the implementation of self-determination contracts and funding agreements; and
changed
“(3) the achievement of tribal health objectives.”objectives.
added “(q)
added “(1) Technical assistance for internal controls—In considering proposals for, amendments to, or in the course of, a contract under this title and compacts under titles IV and V of this Act, if the Secretary determines that the Indian tribe lacks adequate internal controls necessary to manage the contracted program or programs, the Secretary shall, as soon as practicable, provide the necessary technical assistance to assist the Indian tribe in developing adequate internal controls. As part of that technical assistance, the Secretary and the tribe shall develop a plan for assessing the subsequent effectiveness of such technical assistance. The inability of the Secretary to provide technical assistance or lack of a plan under this subsection shall not result in the reassumption of an existing agreement, contract, or compact, or declination or rejection of a new agreement, contract, or compact.
added “(2) The Secretary shall prepare a report to be included in the information required for the reports under sections 405(b)(1) and 514(b)(2)(A). The Secretary shall include in this report, in the aggregate, a description of the internal controls that were inadequate, the technical assistance provided, and a description of Secretarial actions taken to address any remaining inadequate internal controls after the provision of technical assistance and implementation of the plan required by paragraph (1).”
Sec. 105 Contract or grant specifications
Section 108 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450l) is amended—
changed
in subsection (a)(2), by inserting “subject to subsections (a) and (b) of section 102,” before “contain”; and“contain”;
changed
in subsection (f)(2)(A)(ii) of the model agreement contained in subsection (c), by inserting “subject to subsections (a) and (b) of section 102 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450f),” before “such other provisions”.provisions”; and
added
in section 1(b)(7)(C) of the model agreement contained in subsection (c), in the second sentence of the matter preceding clause (i), by striking “one performance monitoring visit” and inserting “two performance monitoring visits”.