Page:United States Statutes at Large Volume 108 Part 5.djvu/781

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PUBLIC LAW 103-413—OCT. 25, 1994 108 STAT. 4271 (1) the tribal right of self-government flows from the inherent sovereignty of Indian tribes and nations; (2) the United States recognizes a special governmentto-government relationship with Indian tribes, including the right of the tribes to self-governance, as reflected in the Constitution, treaties, Federal statutes, and the course of dealings of the United States with Indian tribes; (3) although progress has been made, the Federal bureaucracy, with its centralized rules and regulations, has eroded tribal self-governance and dominates tribal affairs; (4) the Tribal Self-Governance Demonstration Project was designed to improve and perpetuate the government-to-government relationship between Indian tribes and the United States and to strengthen tribal control over Federal funding and program management; and (5) Congress has reviewed the results of the Tribal Self- Governance Demonstration Project and finds that— (A) transferring control to tribal governments, upon tribal request, over funding and decisionmaking for Federal programs, services, functions, and activities, or portions thereof, is an effective way to implement the Federal policy of government-to-government relations with Indian tribes; and (B) transferring control to tribal governments, upon tribal request, over funding and decisionmaking for Federal programs, services, functions, and activities strengthens the Federal policy of Indian self-determination. SEC. 203. DECLARATION OF POLICY. 25 USC 458aa It is the policy of this title to permanently establish and implement tribal self-governance— (1) to enable the United States to maintain and improve its unique and continuing relationship with, and responsibility to, Indian tribes; (2) to permit each Indian tribe to choose the extent of the participation of such tribe in self-governance; (3) to coexist with the provisions of the Indian Self-Determination Act relating to the provision of Indian services by designated Federal agencies; (4) to ensure the continuation of the trust responsibility of the United States to Indian tribes and Indian individuals; r (5) to permit an orderly transition from Federal domination of programs and services to provide Indian tribes with meaningful authority to plan, conduct, redesign, and administer programs, services, functions, and activities that meet the needs of the individual tribal communities; and (6) to provide for an orderly transition through a planned and measurable parallel reduction in the Federal bureaucracy. SEC. 204. TRIBAL SELF-GOVERNANCE. The Indian Self-Determination and Education Assistance Act is amended by adding at the end the following new title: