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S. 4779IntroducedSenate · nowHousePresidentLawIn committee
Sec. 701 · S. 4779

Agricultural self-determination and self-governance

Title VII — Improving Tribal self-determination

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(a) Self-Determination for Department of Agriculture activities and programs Title I of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5321 et seq.) is amended by adding at the end the following: 112. Self-determination for Department of Agriculture activities and programs (a) Agriculture self-Determination authorized The Secretary of Agriculture shall enter into self-determination contracts, in accordance with subsection (c), with Tribal organizations, on the request of any Indian Tribe, by Tribal resolution— (1) to plan, conduct, and administer any function, service, or activity provided by the Forest Service or the Natural Resources Conservation Service for the Indian Tribe; or (2) subject to subsection (b), to carry out the authority of the Food Safety and Inspection Service under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.). (b) Food Safety and Inspection Service contracts (1) In general Before requesting to enter into a self-determination contract described in subsection (a)(2), a Tribal organization shall adopt, by Tribal resolution, a food and agriculture code approved by the Secretary of Agriculture, after which the Secretary of Agriculture shall exercise the authority of the Secretary of Agriculture under Public Law 87–718 (7 U.S.C. 1633) with respect to the Indian Tribe governed by that Tribal organization. (2) Rural water, waste disposal, and community facilities loans and grants An Indian Tribe operating under a contract described in subsection (a)(2) shall be eligible for grant and loan programs under paragraphs (19) and (24) of section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)). (c) Self-Determination contract A self-determination contract entered into under subsection (a) shall have the same terms and conditions, and be subject to the same procedures, regulations, and requirements, as a self-determination contract entered into under section 102, except that the Secretary of Agriculture and the Department of Agriculture shall be the appropriate Secretary and agency for purposes of a self-determination contract entered into under subsection (a). (d) Technical assistance (1) In general The Office of Self-Governance of the Bureau of Indian Affairs shall provide technical assistance with respect to self-determination contracts under subsection (a)— (A) to the Secretary of Agriculture; and (B) to Indian Tribes and Tribal organizations that request that assistance. (2) Department of Agriculture After an Office of Self-Governance is established in the Department of Agriculture, the Office of Self Governance of the Bureau of Indian Affairs may continue to provide technical assistance under paragraph (1), subject to the condition that self-determination contracts under subsection (a) shall be primarily negotiated and executed by the Office of Self-Governance of the Department of Agriculture.. (b) Department of Agriculture Office of Self-Governance (1) Study Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct a study to determine the feasibility of a Tribal self-governance demonstration project for appropriate programs, services, functions, and activities of the Department of Agriculture. (2) Report Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report detailing— (A) the results of the study conducted under paragraph (1); and (B) a plan to establish an Office of Self-Governance in the Department of Agriculture to carry out— (i) the results of that study; and (ii) the amendment made by subsection (a). (3) Consultation The Secretary shall develop the plan described in paragraph (2)(B) in consultation with Indian Tribes, the Office of Tribal Relations of the Department of Agriculture, and the Tribal Advisory Committee established under section 309(b) of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6921(b)). (4) Implementation Not later than 18 months after the date on which the Secretary submits the report under paragraph (2), the Secretary shall implement the plan described in the report.

Sec. 701: Agricultural self-determination and self-governance · Public Law Tracker