1 2 3 4 5 6 14 (2) ALTERNATIVE DISPUTE RESOLUTION.—Any claim, setoff, or counterclaim (including any claim, setoff, or counterclaim described in section 103(c)) that is not subject to a negotiated settlement under this section may be pursued by the parties or the Secretary pursuant to section 103. 7 SEC. 103. INTERGOVERNMENTAL ALTERNATIVE DISPUTE 8 RESOLUTION PANEL-ESTABLISHMENT. 9 (a) IN GENERAL.-If negotiations conducted under 10 section 103 do not result in a settlement, the Secretary 11 may refer the State and Indian tribe involved to the Panel 12 established under subsection (b). 13 (b) AUTHORITY OF PANEL.-To the extent allowable 14 by law, the Panel may consider and render a decision on 15 a dispute referred to the Panel under this section. 16 (c) TAXATION.—Any claim involving the legitimacy of 17 a claim for the collection or payment of certain retail taxes 18 owed by an Indian tribe to a State or political subdivision 19 thereof and shall include or admit of counterclaims, 20 setoffs, or related claims submitted or filed by the tribe 21 in question regarding the original claim. 22 23 24 25 (d) MEMBERSHIP OF THE PANEL.— (1) IN GENERAL.-The Panel shall consist of— (A) 1 representative from the Department of the Interior; ⚫S 2097 IS 15 (B) 1 representative from the Department of Justice; (C) 1 representative from the Department and (D) 1 representative of State governments; (E) 1 representative of tribal governments (2) CHAIRPERSON.-The members of the Panel shall select a Chairperson from among the members of the Panel. (e) FEDERAL MEDIATION CONCILIATION SERVICE.- tion 202 of the National Labor Relations Act (29 (2) DUTIES OF SERVICE.-The Service shall, ent with applicable law- (A) provide services to the Panel to aid in (B) furnish employees to act as neutrals (as that term is defined in section 571(9) of ⚫8 2097 IS 1 2 3 4 5 16 title 5, United States Code) in resolving the dis putes brought before the Panel; and (C) consult with the Administrative Conference of the United States to maintain a ros ter of neutrals and arbitrators. 6 SEC. 104. JUDICIAL ENFORCEMENT. 7 8 (a) INTERGOVERNMENTAL AGREEMENTS.— (1) IN GENERAL. (A) JURISDICTION.-Except as provided in subparagraph (B), the district courts of the United States shall have original jurisdiction with respect to— (i) any civil action, claim, counterclaim, or setoff, brought by any party to an agreement or compact entered into in accordance with this title to secure equi table relief, including injunctive and declaratory relief; and (ii) the enforcement of any agreement or compact. (B) DAMAGES.-No action to recover damages arising out of or in connection with an agreement or compact entered into under this section may be brought, except as specifically provided for in that agreement or compact. •S 2097 IS 1 2 3 4 5 6 17 (2) CONSENT TO SUIT.-Each compact or agreement entered into under this title shall specify that the partner consent to litigation to enforce the agreement, and to the extent necessary to enforce that agreement, each party waives any defense of sovereign immunity. 7 SEC. 105. JOINT TRIBAL-FEDERAL-STATE COMMISSION ON 8 INTERGOVERNMENTAL AFFAIRS. 9 (a) IN GENERAL.-The Secretary shall establish a 10 tribal, Federal, and State commission (to be known as the 11 "Tribal-Federal-State Commission") (referred to in this 12 section as the "Commission"). (b) MEMBERS.— (1) IN GENERAL.-The Commission shall be comprised of representatives of Indian tribes, the States, and the Federal Government. (2) DUTIES OF THE COMMISSION.-The Commission shall advise the Secretary concerning issues of intergovernmental concern with respect to Indian tribes, States, and the Federal Government, includ ing (A) law enforcement; (B) civil and criminal jurisdiction; (C) taxation; (D) transportation; ⚫8 2007 18 18 (E) economy development; and (F) other matters related to a matter de scribed in subparagraph (A), (B), (C), (D), or (E). (3) PERIOD OF APPOINTMENT.-Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) INITIAL MEETING.-No later than 30 days after the date on which all members of the Commis sion have been appointed, the Commission shall hold its first meeting. (5) MEETINGS.-The Commission shall meet at the call of the Chairman. (6) QUORUM.-A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) CHAIRMAN AND VICE CHAIRMAN.-The Commission shall select a Chairman and Vice Chair man from among its members. (8) POWERS. (A) HEARINGS.-The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive •S 2097 IS |