Appendix A to Part 1000 - Model Compact of Self-Governance Between the Tribe and the Department of the Interior
25:2.0.5.10.1.19.88.7.1 : Appendix A
Appendix A to Part 1000 - Model Compact of Self-Governance Between
the Tribe and the Department of the Interior Article I - Authority
and Purpose Section 1 - Authority
This agreement, denoted a compact of Self-Governance
(hereinafter referred to as the “compact”), is entered into by the
Secretary of the Interior (hereinafter referred to as the
“Secretary”), for and on behalf of the United States of America
under the authority granted by Title IV of the Indian Self
Determination and Education Assistance Act, Pub. L. 93-638, as
amended, and by the Tribe, under the authority of the Constitution
and By-Laws of the Tribe (hereinafter referred to as the
“Tribe”).
Section 2 - Purpose
This compact shall be liberally construed to achieve its
purposes:
(a) This compact is to carry out Self-Governance as authorized
by Title IV of Pub. L. 93-638, as amended, that built upon the Self
Governance Demonstration Project, and transfer control to Tribal
governments, upon Tribal request and through negotiation with the
United States government, over funding and decision-making of
certain Federal programs as an effective way to implement the
Federal policy of government-to-government relations with Indian
Tribes.
(b) This compact is to enable the United States to maintain and
improve its unique and continuing relationship with and
responsibility to the Tribe through Tribal self-governance, so that
the Tribe may take its rightful place in the family of governments;
remove Federal obstacles to effective self-governance; reorganize
Tribal government programs and services; achieve efficiencies in
service delivery; and provide a documented example for the
development of future Federal Indian policy. This policy of Tribal
self-governance shall permit an orderly transition from Federal
domination of Indian programs and services to allow Indian Tribes
meaningful authority to plan, conduct, and administer those
programs and services to meet the needs of their people. In
implementing Self-Governance, the Bureau of Indian Affairs is
expected to provide the same level of service to other Tribal
governments and to demonstrate new policies and methods to improve
service delivery and address Tribal needs. In fulfilling its
responsibilities under the compact, the Secretary hereby pledges
that the Department will conduct all relations with the Tribe on a
government-to-government basis.
Article II - Terms, Provisions and Conditions Section 1 - Term
This compact shall be effective when signed by the Secretary or
an authorized representative and the authorized representative of
the Tribe. The term of this compact shall commence [negotiated
effective date] and must remain in effect as provided by Federal
law or agreement of the parties.
Section 2 - Funding Amount
In accordance with Section 403(g) of Title IV of Pub. L. 93-638,
as amended, and subject to the availability of appropriations, the
Secretary shall provide to the Tribe the total amount specified in
each annual funding agreement.
Section 3 - Reports to Congress
To implement Section 405 of Pub. L. 93-638, as amended, on each
January 1 throughout the period of the compact, the Secretary shall
make a written report to the Congress that shall include the views
of the Tribe concerning the matters encompassed by Section 405(b)
and (d).
Section 4 - Regulatory Authority
The Tribe shall abide by all Federal regulations as published in
the Federal Register unless waived in accordance with Section
403(i)(2) of Pub. L. 93-638, as amended.
Section 5 - Tribal Administrative Procedure
The Tribe shall provide administrative due process right under
the Indian Civil Rights Act of 1968, 25 U.S.C. 1301, et
seq., to protect all rights and interests that Indians, or
groups of Indians, may have with respect to services, activities,
programs, and functions that are provided under the compact.
Article III - Obligations of the Tribe Section 1 - AFA Programs
The Tribe will perform the programs as provided in the specific
AFA negotiated under the Act. The Tribe pledges to practice utmost
good faith in upholding its responsibility to provide such
programs, under the Act.
Section 2 - Trust Services for Individual Indians
To the extent that the AFAs have provisions for trust services
to individual Indians that were formerly provided by the Secretary,
the Tribe will maintain at least the same level of service as was
previously provided by the Secretary. The Tribe pledges to practice
utmost good faith in upholding their responsibility to provide such
service.
Article IV - Obligations of the United States Section 1 - Trust
Responsibility
The United States reaffirms the trust responsibility of the
United States to the ______ Tribe(s) to protect and conserve the
trust resources of the Tribe(s) and the trust resources of
individual Indians associated with this compact and any annual
funding agreement negotiated under the Tribal Self-Governance
Act.
Section 2 - Trust Evaluations
Under Section 403(d) of Pub. L. 93-638, as amended, annual
funding agreements negotiated between the Secretary and an Indian
Tribe shall include provisions to monitor the performance of trust
functions by the Tribe through the annual trust evaluation.
Article V - Other Provisions Section 1 - Facilitation
Nothing in this compact may be construed to terminate, waive,
modify, or reduce the trust responsibility of the United States to
the Tribe(s) or individual Indians. The Secretary shall act in good
faith in upholding such trust responsibility.
Section 2 - Officials Not To Benefit
No Member of Congress, or resident commissioner, shall be
admitted to any share or part of any annual funding agreement or
contract thereunder executed under this compact, or to any benefit
that may arise from such compact. This paragraph may not be
construed to apply to any contract with a third party entered into
under an annual funding agreement under this compact if such
contract is made with a corporation for the general benefit of the
corporation.
Section 3 - Covenant Against Contingent Fees
The parties warrant that no person or selling agency has been
employed or retained to solicit or secure any contract executed
under this compact upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting
bona fide employees or bona fide established commercial or selling
agencies maintained by the contractor for the purpose of securing
business.
Section 4 - Sovereign Immunity
Nothing in this compact or any AFA shall be construed as -
(1) affecting, modifying, diminishing, or otherwise impairing
the sovereign immunity from suit enjoyed by the Tribe; or
(2) authorizing or requiring the termination of any existing
trust responsibility of the United States with respect to the
Indian people.
In witness whereof, the parties have executed, delivered and
formed this compact, effective the ____ day of ______, 20__.
THE ________ Tribe The Department of the Interior. By: By: