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October 5, 1998
(House)
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H.R. 1833 - Tribal Self-Governance Amendments of 1998
(Rep. Miller (D) CA and four cosponsors)
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The Administration has no objection to House passage of H.R. 1833, as
amended by the Committee Substitute, which would make permanent the
authority for Indian and Alaska Native tribes to contract for the operation
and control of various Indian Health Service activities. The
Administration, however, will work with the Senate to address certain
concerns with H.R. 1833. Most importantly, the Administration would urge
the Senate to:
- Delete the definition of the term "inherent Federal function" contained
in Section 502 (a)(3) of H.R. 1833. The definition would be at a
variance with the interpretation of the term as used by the Department
of the Interior in carrying out its Self-Governance program under Title
IV of the Indian Self-Determination and Education Act. Currently,
decisions concerning what constitute an inherent Federal function are
made on a case-by-case basis. H.R. 1833 would seriously limit the
Secretary of the Interior's discretion to determine those Federal
functions that must be performed by Federal employees.
- Amend H.R. 1833 to include language that would make it clear that the
bill would apply only to the unique circumstances of the Indian Health
Service, and would not amend Title IV of the Indian Self-Determination
Act or Title I of the Act as it applies to the Department of the
Interior. This is necessary to avoid serious problems affecting the
Department of the Interior's current negotiations with tribal
representatives regarding implementation of Tribal Self-Governance
regulations under Title IV of the Act.
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