1 8 (f) REVISION OR RENEWAL.-Upon the expiration or 2 revocation of an agreement or compact under this section, 3 the parties to such agreement or compact may enter into 4 a revised agreement or compact, or may renew that agree5 ment or compact. 6 (g) EFFECT OF RENEWAL.-For purposes of this 7 title, the renewal of an agreement or compact entered into 8 under this title shall be treated as a separate agreement 9 or compact and shall be subject to the limitations and re10 quirements applicable to an initial agreement or compact. 11 (h) STATUTORY CONSTRUCTION.-Nothing in this 12 title shall be construed to (1) except as expressly provided in this title, expand or diminish the jurisdiction over civil or criminal matters that may be exercised by a State or the governing body of an Indian tribe; or (2) authorize or empower a State or tribal government, either separately or pursuant to agree ment, to expand or diminish the jurisdiction exer cised by the Government of the United States to (A) make criminal, civil, or regulatory laws; or (B) enforce those laws in Indian country. ⚫8 2007 IS 9 1 SEC. 102. INTERGOVERNMENTAL NEGOTIATIONS-PROCE 2 DURES. 3 (a) GOOD FAITH NEGOTIATIONS.-In negotiating a 4 claim, the parties shall conduct full and fair good faith 5 negotiations pursuant to this title, with the objective of 6 achieving an intergovernmental agreement or compact 7 that meets the requirement of this title. (b) REQUEST FOR NEGOTIATIONS. (1) IN GENERAL.-An Indian tribe or a State may request the Secretary to initiate negotiations to address a claim covered under this title. (2) NOTIFICATION.-The Secretary shall notify the parties of any request made under paragraph (1). (3) REQUESTS.-Any request made to the Secretary under this subsection shall be in writing. (4) PARTICIPATION AS A PREREQUISITE TO IN VOKE PROCEDURES UNDER SECTION 103.— ⚫8 2097 IS (A) IN GENERAL.-A party may not file a claim under section 103 unless that party is available for, agrees to, and participates in, ne gotiations under this section. (B) NOTICE.-Upon receipt of any request made pursuant to paragraph (1), the Secretary shall, not later than 30 days after such receipt, send a notice by registered mail, return receipt 10 requested, advising the parties that are subject to a request made under paragraph (1), that no party may file a claim under section 103 with out having participated in negotiations under this section. (c) NEGOTIATIONS.— (1) IN GENERAL.-The Secretary shall, in a manner consistent with section 103, cause to occur and facilitate negotiations that are subject to a request under subsection (a). (2) NON-BINDING NATURE OF NEGOTIA TIONS. Consistent with the purposes of this title, the negotiations referred to in paragraph (1) shall— (A) be nonbinding; and (B) be facilitated by a mediator selected in accordance with section 103. (3) SELECTION OF MEDIATOR. (A) IN GENERAL.-The Secretary shall select 3 mediators from a list supplied by the Federal Mediation and Conciliation Service and submit a list of these mediators to the parties. (B) CHALLENGES.-Each party may challenge the selection of 1 of the mediators listed by the Secretary under subparagraph (A). ⚫8 2097 IS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 11 (C) SELECTION.-After each party has had an opportunity to challenge the list made by the Administrator under subparagraph (B), the Secretary shall select a mediator from the list who is not subject to such a challenge. (4) PAYMENT.-The expenses and fees of the mediator selected under paragraph (3) in facilitating negotiations under paragraph (1) shall be paid by the Secretary. (5) REIMBURSEMENT.—If a party that files a claim under section 103 and that party is not the prevailing party in that claim, that party shall reimburse the Secretary for any fees and expenses in curred by the Secretary pursuant to paragraph (4). (d) PROCEDURES.-Negotiations conducted under 16 this title shall be subject to the following procedures: 17 (1) COMMENCEMENT.-Negotiations conducted under this section shall commence as soon as practicable after the party that receives notice under subsection (b)(4)(B) responds to the Secretary. (2) ADDITIONAL INVESTIGATION, RESEARCH, OR NEGOTIATION.— (A) IN GENERAL.-Each party that enters into negotiation under this section and the Sec retary may agree to additional investigation, re ⚫S 2097 IS 1 2 3 4 5 6 7 8 9 10 11 12 13 12 search, or analysis to facilitate a negotiated set tlement. (B) PAYMENTS.-The cost of the additional investigation, research, or analysis referred to in subparagraph (A) shall be borne by the party that undertakes that investigation, re search, or analysis, or causes that investigation, research, and analysis. (3) EXCHANGE OF RECORDS AND DOCUMENTATION.-Each party that enters into negotiations under this section shall exchange, and make avail able to the Secretary, any records, documents, or other information that the party may have with re gard to transactions within the scope of the claims alleged that (A) may be relevant to resolving the nego tiations; and (B) are not privileged information under applicable law, or otherwise subject to restric tions on disclosure under applicable law. (4) TERMINATION.— (A) IN GENERAL.— (i) TERMINATION.-Except as provided in clause (i) and subparagraph (B), negotiations conducted under this section •S 2097 IS |