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1 SEC. 102. INTERGOVERNMENTAL NEGOTIATIONS-PROCE

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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.

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(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.

(A) IN GENERAL.-A party may not file a claim under section 103 unless that party is available for, agrees to, and participates in, negotiations 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

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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 NEGOTIATIONS.-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).

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(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

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(1) COMMENCEMENT.-Negotiations conducted under this section shall commence as soon as prac19 ticable after the party that receives notice under subsection (b)(4)(B) responds to the Secretary.

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(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

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search, or analysis to facilitate a negotiated set

tlement.

(B) PAYMENTS.-The cost of the additional investigation, research, or analysis re

ferred 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

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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 pe

riod 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

plete, and conclusive resolution of that claim.

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