19

1

such evidence as the Commission considers ad

visable to carry out the purposes of this section.

(B) INFORMATION FROM FEDERAL AGEN

3

4

CIES.—The Commission may secure directly

18

use, and dispose of gifts or donations of serv

20

1

gaged in the performance of the duties of the

2

Commission. All members of the Commission

3

who are officers or employees of the United States shall serve without compensation in addi

tion to that received for their services as offi

11

cies under subchapter I of chapter 57 of title 5, United States Code, while away from their

12

13

homes or regular places of business in the per

14

formance of services for the Commission.

15

(c) REPORT.-Not later than 2 years after the date

16 of enactment of this Act, and annually thereafter, the 17 Commission shall prepare and submit to the President, the

18 Committee on Indian Affairs of the Senate, and the Com

19 mittee on Resources of the House of Representatives a re

20 port on the implementation of this title that includes any

21 recommendations that the Commission determines to be

22 appropriate.

23 SEC. 106. FUNDING AND IMPLEMENTATION.

24

(a) IN GENERAL.-With respect to any agreement or

25 compact between an Indian tribe and a State, the United

21

1 States, upon agreement of the parties and the Secretary, 2 may provide financial assistance to such parties for costs

3 of personnel or administrative expenses in an amount not

4 to exceed 100 percent of the costs incurred by the parties

5 as a consequence of that agreement or compact, including

6 any indirect costs of administration that are attributable

7 to the services performed under the agreement or compact.

8

(b) ASSISTANCE.—The head of each Federal agency

9

may, to the extent allowable by law and subject to the

10 availability of appropriations, provide technical assistance, 11 material support, and personnel to assist States and In

12 dian tribes in the implementation of the agreements or

13 compacts entered into under this title.
14 TITLE II–TORT LIABILITY
15

INSURANCE

16 SEC. 201. LIABILITY INSURANCE, WAIVER OF DEFENSE.

17

(a) TRIBAL PRIORITY ALLOCATION DEFINED.—The

18 term “tribal priority allocation" means an allocation to a 19 tribal priority account of an Indian tribe by the Bureau

20 of Indian Affairs to allow that Indian tribe to establish

21 program priorities and funding levels. 22 (b) INSURANCE.

23

(1) IN GENERAL.-Except as provided in para

24

graph (3), not later than 2 years after the date of

25

enactment of this Act, the Secretary shall obtain or

6

(2) COST-EFFECTIVENESS.-In carrying out

12

paragraph (1), take into consideration the ex

22

(3) LIMITATION.—If the Secretary determines

23

that an Indian tribe, described in paragraph (1), has

24

obtained liability insurance in an amount and of the

25

type that the Secretary determines to be appropriate

23

1

by the date specified in paragraph (1), the Secretary

2

shall not be required to provide additional coverage

3

for that Indian tribe.

4

(c) REQUIREMENTS.-A policy of insurance or a doc

5 ument for equivalent coverage under subsection (a)(1)

6 shall —

7

(1) contain a provision that the insurance car

8

rier shall waive any right to raise as a defense the

9

sovereign immunity of an Indian tribe with respect

10

to an action involving tort liability of that Indian

11

tribe, but only with respect to tort liability claims of

15

(2) not waive or otherwise limit the sovereign immunity of the Indian tribe outside or beyond the

(d) PROHIBITION.—No waiver of the sovereign im

20 munity of a Indian tribe under this section shall include

21 a waiver of any potential liability for22

(1) interest that may be payable before judg

23

ment; or

24

(2) exemplary or punitive damages.