13 shall terminate on the date that is 1 year after the date of the first meeting of the parties to conduct negotiations under this section. (ii) MUTUAL AGREEMENT.-The period for negotiations under clause (i) may be extended if the parties and the Sec retary agree that there is a reasonable likelihood that the extension may result in a negotiated settlement. (B) MUTUAL AGREEMENT.-At any time during negotiations under this section, the parties may mutually agree to terminate the negotiations. (C) FULFILLMENT OF CERTAIN REQUIREMENTS. A party shall be considered to have met the requirements described in subsection (b)(4) in any case in which negotiations are terminated by mutual agreement of the parties under subparagraph (B). (e) NEGOTIATED SETTLEMENTS. (1) IN GENERAL.-A negotiated settlement of a claim covered by this title reached by the parties under this section shall constitute the final, com 25 plete, and conclusive resolution of that claim. ⚫6 2097 18 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. (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.- (1) IN GENERAL.—In a manner consistent with 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 2007 18 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 dam ages 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"). 13 14 15 16 17 18 19 20 (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 |