14

1

(2) ALTERNATIVE DISPUTE RESOLUTION.—Any

2

claim, setoff, or counterclaim (including any claim,

3

setoff, or counterclaim described in section 103(c))

4

that is not subject to a negotiated settlement under

5

this section may be pursued by the parties or the

(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

(d) MEMBERSHIP OF THE PANEL.—

23

(1) IN GENERAL.—The Panel shall consist of

24

(A) 1 representative from the Department

25

of the Interior;

(E) 1 representative of tribal governments

of Indian tribes.

(2) CHAIRPERSON.—The members of the Panel

13

(1) IN GENERAL.-In a manner consistent with

14

this title, the Panel shall consult with the Federal

15

Mediation Conciliation Service (referred to in this subsection as the “Service”) established under sec

16

17

tion 202 of the National Labor Relations Act (29

19

(2) DUTIES OF SERVICE.—The Service shall,

20

upon request of the Panel and in a manner consist

25

(as that term is defined in section 571(9) of

16

1

title 5, United States Code) in resolving the dis

10

subparagraph (B), the district courts of the United States shall have original jurisdiction

11

12

with respect to—

17

1

(2) CONSENT TO SUIT.—Each compactor

2

agreement entered into under this title shall specify

3

4

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

5

6

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

14

(1) IN GENERAL.—The Commission shall be

15

comprised of representatives of Indian tribes, the

16

States, and the Federal Government.

17

(2) DUTIES OF THE COMMISSION.—The Com

18

mission shall advise the Secretary concerning issues

19

of intergovernmental concern with respect to Indian tribes, States, and the Federal Government, includ

18

1

(E) economy development; and

2

(F) other matters related to a matter de

3

scribed in subparagraph (A), (B), (C), (D), or

5

(3) PERIOD OF APPOINTMENT.—Members shall

6

be appointed for the life of the Commission. Any va

7

cancy in the Commission shall not affect its powers,

8

but shall be filled in the same manner as the origi

10

(4) INITIAL MEETING.—No later than 30 days

11

after the date on which all members of the Commis

12

sion have been appointed, the Commission shall hold

13

its first meeting.

14

(5) MEETINGS.—The Commission shall meet at

(6) QUORUM.—A majority of the members of

17

the Commission shall constitute a quorum, but a

18

lesser number of members may hold hearings.

19

(7) CHAIRMAN AND VICE CHAIRMAN.—The

hold such hearings, sit and act at such times

25

and places, take such testimony, and receive