Page images
PDF
EPUB

1

2

3

4

5

6

4

(13) there is an emergent need for comprehen

sive and cost-efficient insurance that allows the

economy of Indian tribes to continue to grow and

provides compensation to persons that may suffer personal injury or loss of property.

(b) PURPOSES.—The purposes of this Act are to en7 able Indian tribes, tribal organizations, States and politi8 cal subdivisions thereof, through viable intergovernmental 9 agreements to

10

11

(1) achieve intergovernmental harmony; and

(2) enhance intergovernmental commerce.

12 SEC. 3. DEFINITIONS.

13

[blocks in formation]

In this Act:

(1) FEDERAL AGENCY.-The term "Federal agency" has the meaning given the term "Executive agency" in section 105 of title 5, United States Code.

(2) INDIAN COUNTRY.-The term "Indian country" has the meaning given that term in section

1151 of title 18, United States Code.

(3) INDIAN TRIBE.-The term "Indian tribe"

has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assist

ance Act (25 U.S.C. 450b(e)).

1

2

3

4

5

6

7

8

9

10

11

5

(4) PANEL.-The term "Panel" means the Intergovernmental Alternative Dispute Panel established under section 103.

(5) SECRETARY.-The term "Secretary" means the Secretary of the Department of the Interior. (6) STATE. The term "State" means each of the 50 States and the District of Columbia.

(7) TRIBAL ORGANIZATION.-The term "tribal organization" has the meaning given that term in section 4(1) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)).

12 SEC. 4. DECLARED POLICY OF THE UNITED STATES.

[blocks in formation]

It is the policy of the United States

(1) to continue to preserve and protect Indian tribes, Indian people, and trust resources and property of Indian tribes; and

(2) that the settlement of issues and disputes involving Indian tribes and States or political subdivisions thereof, through negotiation and accommodation, may be advanced by making available full and adequate governmental facilities for fact finding, conciliation, mediation, and voluntary arbitration to aid and encourage Indian tribes, States, and political subdivisions thereof

(A) to reach and maintain agreements; and

1

2

3

6

(B) to make reasonable efforts to settle differences by mutual agreement reached by

such methods as may be provided for in any ap

[blocks in formation]

10

TION.

(a) IN GENERAL.-The consent of the United States 11 is granted to States and Indian tribes to enter into com12 pacts and agreements in accordance with this title.

13

(b) COLLECTION OF TAXES.-Consistent with the 14 United States Constitution, treaties, and principles of trib15 al and State sovereignty, and consistent with Supreme 16 Court decisions regarding the collection and payment of 17 certain retail taxes of a State or political subdivision 18 thereof, the consent of the United States is hereby given 19 to Indian tribes, tribal organizations, and States and 20 States and Indian tribes may to enter into compacts and 21 agreements relating to the collection and payment of cer22 tain retail taxes.

23

(c) FILING.-Not later than 30 days after entering 24 into an agreement or compact under this section, a State 25 or Indian tribe shall submit a copy of the compact or

7

1 agreement to the Secretary. Upon receipt of the compact

2 or agreement, the Secretary shall publish the compact or

3 agreement in the Federal Register.

4

5

6

7

8

9

10

11

12

13

14

15

16

(d) LIMITATIONS.—

(1) IN GENERAL.-An agreement or compact under this section shall not affect any action or proceeding over which a court has assumed jurisdiction at the time that the agreement or compact is executed.

(2) PROHIBITION.-No action or proceeding described in paragraph (1) shall abate by reason of that agreement or compact unless specifically agreed upon by all parties

(A) to the action or proceedings; and

(B) to the agreement or compact.

(e) REVOCATION.-An agreement or compact entered

17 into under this section shall be subject to revocation by 18 any party to that agreement or compact. That revocation 19 shall take effect on the earlier of

[blocks in formation]

(1) the date that is 180 days after the date on

which notice of revocation is provided to each party

to that agreement or compact; or

(2) any date that is agreed to by all parties to

that agreement or compact.

8

1 (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

[blocks in formation]

(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.

« PreviousContinue »