Compact of Self-Governance Between the Duckwater Shoshone Nation and the United States of America
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DOCUMENT: DUCKWSGC.TXT

     
          C O M P A C T   O F   S E L F - G O V E R N A N C E

                              BETWEEN THE

                       DUCKWATER SHOSHONE TRIBE
     
                                AND THE
     
                       UNITED STATES OF AMERICA



                               ARTICLE I 
                         AUTHORITY AND PURPOSE

          SECTION 1 - AUTHORITY. This agreement, which became 
     effective March 1, 1992, and which is now amended and 
     restated, denoted a Compact of Self-Governance (hereinafter 
     referred to as the "Compact"), is entered into by the 
     Secretary of the Interior (hereinafter referred to as the 
     "Secretary"), for and on behalf of the United States of 
     America pursuant to the authority granted by Title II of 
     P.L. 103-413, and by the Duckwater Shoshone Tribal Council 
     by the authority of the Constitution of the Duckwater 
     Shoshone Tribe of the Duckwater Shoshone Indian Reservation 
     (hereinafter referred to as the "Tribe"). This Compact is 
     and shall be enforceable at law and in equity to the same 
     extent and pursuant to the same remedies as provided for in 
     Public Law 93-638 contracts in Title III, Section 303(d) of 
     P.L. 100-472. Actions and proceedings to enforce the 
     Duckwater Shoshone Tribe's rights and the government's 
     obligations under this Agreement shall be subject to the 
     Equal Access to Justice Act, Public Law 96-481 as amended, 
     to the same extent as are actions and proceedings involving 
     P.L. 93-638 contracts.  

          SECTION 2 - PURPOSE. This Compact shall be liberally 
     construed to achieve these purposes:  

          (a) This Compact is to carry out Self-Governance as 
     authorized by Title II, P.L. 103-413, III, P.L. 100-472, 
     which built upon the Self-Governance Demonstration Project 
     and transfers control to tribal governments, upon tribal 
     request, over funding and decision making of Federal 
     programs, activities, functions, and services as an 
     effective way to implement the federal policy of government-
     to-government relations with Indian Tribes and to promote 
     the perpetuation of the Duckwater Shoshone Tribe.  

          (b) This Compact is to enable the Duckwater Shoshone 
     Tribe to redesign programs, activities, functions, and 
     services of the Bureau of Indian Affairs (hereinafter 
     referred to as "BIA"); to reallocate funds for such 
     programs, activities, functions, or services according to 
     its Tribal priorities: to provide such programs, activities, 
     functions, and services, as determined by its Tribal 
     priorities; to enhance the effectiveness and long term 
     financial stability of its Tribal government; to plan, 
     conduct, consolidate, and administer programs, activities, 
     functions and services, or portions thereof, administered by 
     the Department of the Interior, other than through the BIA 
     as provided in the annual funding agreement applicable to 
     such non-BIA programs, activities, functions and services 
     and to reduce the Federal-Indian service bureaucracy.  

          (c) This Compact is to enable the United States to 
     maintain and improve its unique and continuing relationship 
     with and responsibility to the Duckwater Shoshone Tribe  
     through Self-Governance as proposed by the Duckwater 
     Shoshone Tribe which will allow the Tribe to: take its 
     rightful place in the family of governments in the federal  
     constitutional system; remove federal obstacles to effective 
     self-governance;  reorganize tribal government programs and 
     services; and provide a documented example for the 
     development of future Federal-Indian Policy. This policy of 
     Tribal Self-Governance shall permit an orderly transition 
     from federal domination of programs and services to allow 
     Duckwater Shoshone Tribe meaningful authority to plan, 
     conduct, and administer those programs and services to meet 
     the needs of their people. To implement Self-Governance, the 
     Department of the Interior is also expected to reorganize to 
     provide the same level of service to other Tribal  
     governments and implement new policies and methods to 
     provide improved service delivery to address Tribal needs.  

          In fulfilling its responsibilities under the Compact, 
     the Secretary hereby pledges that the Department will 
     conduct all relations with the Duckwater Shoshone Tribe on a  
     government-to-government basis.  

          SECTION 3 - TRIBAL LAW AND FORUMS. The duly enacted 
     laws of the Duckwater Shoshone Tribe shall be applied in the 
     execution of this Compact and the powers and decisions of 
     the Duckwater Shoshone Tribal Court shall be respected, to 
     the extent that federal law, construed in accordance with 
     the applicable canons of construction and Title II of P.L. 
     103-413 is not inconsistent.  

          SECTION 4 - COMPACT MODIFICATIONS ON ACCOUNT OF 
     EXTRAORDINARY OR UNFORESEEN EVENTS. The parties agree that 
     this Compact is intended to obligate the Tribe to carry out 
     all usual and ordinary functions respecting the programs it 
     is undertaking to relieve the BIA of responsibility for 
     pursuant to this Compact. The parties further agree that in 
     the event there occurs major unforeseen or extraordinary 
     events as jointly identified by the Tribe and Secretary with 
     cost consequences beyond the control of the Tribe, that the 
     funding amount for the associated Annual Funding Agreement 
     will be subject to renegotiation. In particular, the parties 
     intend that the Tribe shall have the right to participate in 
     or utilize Interior funds, supplemental appropriations, 
     reprogramming or reallocations and any other "emergency" 
     funds of any kind, nature or category whatsoever, all to the 
     same extent that the Tribe could have had access to such 
     additional funds if it were not a Self-Governance Tribe.  

     
                              ARTICLE II 
                   TERMS, PROVISIONS AND CONDITIONS 


          SECTION 1 - TERMS. The term of this Compact began upon 
     its effective date under Section 2 of this Article and shall 
     extend thereafter throughout the time period authorized by 
     Title II of P.L. 103-413, and any subsequent amendments 
     thereto.  

          SECTION 2 - EFFECTIVE DATE. This Compact shall be 
     effective when signed by the Secretary or an authorized 
     representative and the Duckwater Shoshone Tribe. The Annual 
     Funding Agreement required by P.L. 103-413 and this Compact 
     shall be signed by the Duckwater Shoshone Tribe and the 
     Secretary or an authorized representative and be forthwith 
     submitted by the Secretary or an authorized representative 
     and the Duckwater Shoshone Tribe to the Committee on Indian 
     Affairs of the United States Senate, the Committee on 
     Natural Resources of the United States House of 
     Representatives and to the Tribes served by the Eastern 
     Nevada Agency. The funding agreement shall be effective 
     ninety days after such submission, unless otherwise provided 
     by law. Successor Annual Agreements shall be likewise 
     submitted.  

          SECTION 3 - FUNDING AMOUNT. Subject only to the 
     appropriation of funds by the Congress of the United States 
     and to otherwise lawful adjustments pursuant to Section 
     403(g) of P.L. 103-413, the Secretary or an authorized 
     representative shall provide to the Duckwater Shoshone Tribe 
     the total amount specified as the Tribe's share in the 
     Annual Agreement incorporated by reference in Article VI, 
     Section 2.  

          SECTION 4 - PAYMENT. Payments shall be made as 
     expeditiously as possible in compliance with applicable 
     Treasury Department regulations and shall include financial 
     arrangements to cover funding during periods under 
     continuing resolutions to the extent permitted by such 
     resolutions. Payments shall cover all Program and Contract 
     Support funding (Indirect Cost) as specified in the Annual 
     Funding Agreement. For each year covered by the Compact, the 
     Secretary or an authorized representative will pay to the 
     Duckwater Shoshone Tribe the funds specified for that year 
     under the Annual Agreement by paying to the Duckwater 
     Shoshone Tribe the total amount provided for in the Annual 
     Agreement for that year. Payment shall be made by using an 
     instrument such as Letter of Credit, or other method 
     authorized by law, or combination thereof, as may be 
     specified in the Annual Agreement. The annual payment shall 
     be made on the first day of the first quarter for which 
     funds are due under the Annual Funding Agreement, except 
     that payments due on the first day of the first quarter of 
     the federal fiscal year shall be made on or before ten 
     calendar days of the date on which the Office of Management 
     and Budget apportions the appropriations for that fiscal 
     year for the programs, activities, functions and services 
     subject to the Compact and Annual Funding Agreement. 

          SECTION 5 - REPORTS TO CONGRESS. In order to implement 
     Section 405 of Title III of P.L. 103-413, on each January 1 
     throughout the period of the Compact, the United States 
     shall make written report to the Congress, which shall 
     separately include the views of the Duckwater Shoshone 
     Tribe, concerning the matters encompassed in  

          Section 405(b) - (g). Funds to complete the Tribal 
     portions of these reports may be covered by shortfall 
     funding as such funds become available.  

          SECTION 6 - AUDITS.  

          (a) The Duckwater Shoshone Tribe shall provide to the 
     Designated Official an annual single organization-wide audit 
     prescribed by the Single Audit Act of 1984, 31 U.S.C. 7501, 
     et seq., and shall adhere to generally accepted accounting 
     principles and Circular A-128 of the Office of Management 
     and Budget as follows:  

               (i) The costs of this Compact consist of the 
          direct and support costs, including indirect costs, 
          actually incurred in the performance of this Compact, 
          determined in accordance with the cost principles set 
          forth in the OMB Circular A-87 in effect as of the 
          effective date of this Compact, except as modified by 
          Section 106(k) of P.L. 93-638, as amended, or by any 
          exemption to applicable cost principles that may be 
          subsequently granted by OMB; provided, however, that if 
          the Office of Management and Budget revises any 
          provisions of such Circular;  

                    1. Revisions will apply to the Compact 
               immediately upon request of the Duckwater Shoshone 
               Tribe.  

                    2. Other revisions shall not apply to the 
               Compact unless agreed to by the Tribe and until 
               the Secretary determines applicability as provided 
               below.  

                    3. The Secretary shall immediately review the 
               revisions in consultation with the Tribe to 
               determine if the revisions are detrimental to 
               Self-Governance or inconsistent with the intent of 
               the Act.  

                    4. If the revision is determined by the 
               Secretary to be neither detrimental nor 
               inconsistent with the intent of the Act, the 
               Secretary and the Tribe may amend this Compact to 
               include those revisions.  

               (ii) Allowable costs may be incurred without 
          secretarial approval, and shall include all costs that 
          are reasonably necessary for proper administration and 
          delivery of the Compact programs, services, or 
          functions and that do not violate any relevant 
          statutes.  

          (b) No other audit or accounting standards, except as 
     specified in Article IV, Section 2, shall be required by the 
     Secretary or an authorized representative of the Duckwater 
     Shoshone Tribe. Any claim by the Federal government against 
     the Duckwater Shoshone Tribe based on any audit under this 
     section shall be subject to the provisions of Section 106(f) 
     of P.L. 93-638, as amended.  

          SECTION 7 - RECORDS. The following provisions will 
     supplement tribal law on document disclosure and will govern 
     record keeping associated with this Compact:  

          (a) Except for previously provided copies of Duckwater 
     Shoshone Tribal records which the Secretary or an authorized 
     representative demonstrates are clearly required to be 
     maintained as part of the Department of the Interior's 
     record keeping system, Duckwater Shoshone Tribal records 
     shall not be deemed federal records, and shall not be 
     considered federal records for the purposes of Chapter 5 of 
     Title 5, United States Code.  

          (b) Any of the Duckwater Shoshone Tribal records that 
     are currently held in custody by the Bureau of Indian 
     Affairs, or any Duckwater Shoshone Tribal records that may 
     come into the custody of the Bureau of Indian Affairs shall 
     be treated as confidential records and will not be released 
     without the written consent of the Duckwater Shoshone Tribal 
     Council.  

          (c) The Duckwater Shoshone Tribe shall maintain a 
     record keeping system, and provide reasonable access to 
     records to the Secretary or an authorized representative, 
     for audit purposes which permits the Department of the 
     Interior to meet its minimum legal record keeping program 
     requirements under the Federal Records Act, 44 U.S.C. s 
     3102, et seq., and which will allow for retrocession of this 
     Compact in whole or in part pursuant to Section 13 of this 
     Article.  

          (d) The Duckwater Shoshone Tribe shall maintain in its 
     record keeping system all documents necessary for the annual 
     audit requirement at Section 6 of this Article, and shall 
     provide reasonable assess to records to the Secretary or an 
     authorized representative for audit purposes for a period of 
     three years after the Audit is submitted and accepted.  

          SECTION 8 - PROPERTY.  

          (a) At the request of the Duckwater Shoshone Tribe, the 
     Secretary or an authorized representative shall make 
     available to the Duckwater Shoshone Tribe reasonably 
     divisible real property, facilities, equipment, and personal 
     property that the Department had previously utilized to 
     provide the programs, activities, functions and services now 
     consolidated by the Duckwater Shoshone Tribe pursuant to 
     Article III of this Compact. A mutually agreed upon list 
     specifying the property, facilities, and equipment to be 
     utilized shall also be prepared and periodically revised so 
     that such property can be properly recorded in the Bureau of 
     Indian Affairs Property Inventory. 

          (b) The Secretary hereby delegates to the Duckwater 
     Shoshone Tribe the authority to acquire such surplus or 
     "excess" property as may be appropriate in the judgment of 
     the Duckwater Shoshone Tribe to support the programs, 
     activities, functions, and services designated under Article 
     III of this Compact. The Secretary shall designate an 
     authorized representative in his office who shall make best 
     efforts to assist the Tribe in obtaining such confiscated, 
     surplus, or excess property as may become available to 
     tribes or local governments. A Screener Identification Card 
     (General Services Administration Form 2946) shall be issued 
     to the Tribe and renewed as necessary. The designated 
     official shall upon request assist the Duckwater Shoshone 
     Tribe in securing the use of this Card and in gaining the 
     requested property.  

          (c) The Duckwater Shoshone Tribe shall determine what 
     capital equipment, leases, rentals, property or service, it 
     shall require to perform its obligations under Title III of 
     this Compact, and shall acquire and maintain records of such 
     capital equipment, property rentals, leases, property or 
     services through Tribal procurement procedures.  

          (d) Unless otherwise requested by the Tribe, title of 
     property and equipment furnished by the federal government 
     for use in the performance of the Compact and funding 
     agreement or purchased in whole or in part with funds under 
     any funding agreement that is utilized by the Tribe in 
     performance of the Compact shall vest in the Duckwater 
     Shoshone Tribe and shall remain eligible for replacement on 
     the same basis as if title to such property were vested in 
     the United States.  

          (e) Property and equipment described in the preceding 
     paragraph that was fully obtained with BIA funding and which 
     has a value in excess of $5,000 at the time of retrocession, 
     rescission or termination of a program or programs under 
     this Compact, and is not donated and is not used by the 
     Tribe in a P.L. 93-638 contract, shall be subject to 
     reversion with title reverting to the Secretary, at the 
     option of the Secretary.  

          SECTION 9 - SAVINGS. If it becomes apparent that funds 
     allocated by the Duckwater Shoshone Tribe pursuant to its 
     budget process, to any activity as defined in the Annual 
     Agreement are in excess of that needed for such activity, 
     the Tribe may reallocate that excess to any other activity 
     under this Compact.  

          (a) Any funds not expended during the term of any of 
     the fiscal years of this Compact may be carried over to the 
     succeeding fiscal year, but such carry-over shall not 
     diminish the amount of funds that the Duckwater Shoshone 
     Tribe is authorized to receive in that succeeding fiscal 
     year or in any subsequent fiscal year.  

          (b) All provisions of Section 106 of P.L. 93-638 as 
     amended by Section 205 of the P.L. 100-472 shall likewise 
     apply to funds allocated to the Duckwater Shoshone Tribe 
     under this Compact. 

          SECTION 10 - USE OF MOTOR VEHICLES. The Secretary 
     hereby authorizes the Duckwater Shoshone Tribe to obtain 
     Interagency Motor Pool vehicles and related services for   
     performance of any activities under this Compact.  

          SECTION 11 - REGULATORY AUTHORITY. The Secretary and 
     the Duckwater Shoshone Tribe agree to utilize the following 
     procedures governing the establishment and application of 
     regulations under this compact:  

          (a) Program Guidelines. The Tribe is not required to 
     abide by federal program guidelines, manuals, policy 
     directives, etc., except for those to which it specifically   
     agrees. The Tribe may adopt its own guidelines to be used in 
     place of the existing federal guidelines.  

          (b) Federal Regulations. Subject to Section 403(i)(2) 
     of Title II, P.L. 103-413, the Duckwater Shoshone Tribe 
     agrees to abide by all federal regulations as published in   
     the Federal Register.  

          (c) Waiver of Federal Regulations. In order to put to 
     good use the Secretary's waiver authority as authorized by 
     Section 403(i)(2) of Title II, P.L. 103-413, the Secretary   
     will seek to expedite the waiver of any federal regulation 
     which the Secretary or the Tribe determine presents an 
     obstacle to the carrying out of the Compact, its purposes, 
     and the programs, activities, functions, and services 
     pursuant to the Compact and Annual Funding Agreement, under 
     the following procedures:  

               (i) prior to the effective date of the Compact, 
          the Secretary or an authorized representative and the 
          Tribe will seek to identify any federal regulations 
          that may require waiver in order effectively to carry 
          out the Compact;  

               (ii) if at any time the Tribe determines that one 
          or more specific federal regulations requires waiver to 
          effectively carry out the Compact or Annual Funding 
          Agreement, the Tribe may submit a written request for 
          waiver to the Designated Official, identifying the 
          regulation(s) sought to be waived and the basis for the 
          request;  

               (iii) not later than 60 days after receipt by the 
          Secretary of a written request by the Duckwater 
          Shoshone Tribe to waive application of a federal 
          regulation(s) for the Compact or a Compact program, 
          service, function, or activity, the Secretary shall   
          either approve or deny the requested waiver in writing 
          to the Tribe. A denial of a request may be made only 
          upon a specific finding by the Secretary that 
          identified language in the regulation may not be waived 
          because such waiver is prohibited by Federal law.   

          SECTION 12 - DISPUTES.  

          (a) Section 110 of P.L. 93-638, as amended, shall apply 
     to disputes under this Compact and any Annual Funding 
     Agreement.  

          (b) In addition or as an alternative to remedies and 
     procedures prescribed by Section 110 of P.L. 93-638, as 
     amended, the parties jointly may:  

               (i) Submit disputes under this Compact to third-
          party mediation, which for purposes of this Section 
          means that the Secretary or his authorized 
          representative and the Tribe nominate third parties who 
          together choose a third party mediator ("third party" 
          means a person not employed by or significantly 
          involved with either the Tribe or the Secretary or the 
          Department of the Interior); ore  

               (ii) Submit the dispute to the Tribe's Court; or,  

               (iii) Submit the dispute to mediation processes 
          provided for under the Tribe's law; or,  

               (iv) The Secretary shall accept decisions reached 
          by mediation processes or the Tribal Court, but the 
          Secretary shall not be bound by any which might be in 
          conflict with the interests of the Indians or the 
          United States.  

          SECTION 13 - RETROCESSION.  

          (a) The retrocession provisions of Section 105(e) of 
     P.L. 93638, as amended, and any regulations thereunder, are 
     herein adopted, except that the effective date of such 
     retrocession of this Compact, in whole or in part, shall be 
     45 calendar days from the date of request by the Tribe 
     unless the Tribe requests an effective date that is more 
     than 45 calendar days, in which case the Tribe's requested 
     date shall be the effective date of such retrocession, if 
     the Tribe and the United States mutually agree to an 
     effective date.  

          (b) The parties further agree that the funds which the 
     Duckwater Shoshone Tribe has remaining unexpended shall be 
     made available to the United States to provide services to 
     the Duckwater Shoshone Tribe for those programs retroceded 
     to the government pursuant to this clause.  

          (c) Nothing in this Compact shall be construed as 
     preventing the Duckwater Shoshone Tribe from submitting an 
     application under P.L. 93-638 for grants or contracts to 
     operate any of the programs governed by this Compact or 
     otherwise, even if this Compact is retroceded to the United 
     States under this provision.  

          (d) At the Duckwater Shoshone Tribe's option, it may 
     elect to retrocede only a portion of the program and service 
     responsibilities it has undertaken to carry out under this 
     Compact and the Annual Funding Agreement. In that instance, 
     the amount of funds and the property remaining in the 
     Duckwater Shoshone Tribe's hands for purposes of carrying 
     out that program or function shall be returned to the 
     government under this retrocession procedure and the 
     procedure in Section 8 of this Article for property.  

          SECTION 14 - TRIBAL ADMINISTRATIVE PROCEDURES. 
     Duckwater Shoshone Tribal Law and Tribal Forums shall 
     provide administrative due process rights pursuant to the 
     Indian Civil Rights Act of 1968, 25 U.S.C. 1301, et seq., 
     that persons, or groups of persons, may have with respect to 
     services, activities, programs, and functions that are 
     provided by the Duckwater Shoshone Tribe pursuant to this 
     Compact.  

          SECTION 15 - SUCCESSOR ANNUAL AGREEMENT. 

          (a) Pursuant to Section 403(b) and (g) of P.L. 103-413 
     the Secretary shall continue to promote Self-Governance in 
     preparing budgets for subsequent years.  

          (b) The Secretary shall use the Duckwater Shoshone 
     Tribe's budget request in preparing the Secretary's budget 
     to the Congress.  

          (c) Future funding of successor Annual Agreements shall 
     be reduced only pursuant to the provisions of Section 106(b) 
     of P.L. 93-638, as amended.  

          (d) The Tribe and the United States shall annually meet 
     and reach negotiated agreements on the Annual Funding 
     Agreement. The Tribe's Compact shall continue from year-to-
     year and negotiations regarding the Compact shall be limited 
     to revisions. Unless changed because of otherwise lawful 
     Congressional action, funding levels shall not be less than 
     provided for in the prior year's Annual Funding Agreement.  

          (e) Negotiations for a successor Annual Agreement, as 
     provided for in Article VI, Section 2, shall begin no later 
     than 120 days in advance of the conclusion of the preceding 
     Annual Agreement.  

          (f) The Secretary or an authorized representative 
     agrees to prepare and supply relevant information and 
     promptly to comply with the Duckwater Shoshone Tribe's 
     request for information reasonably needed to determine the 
     funds that may be available for a successor Annual Agreement 
     as provided for in Article VI, Section 2 of this Compact. 
     Such information shall be provided to the Tribe within 30 
     days of its request. For each day that the government fails 
     to provide this information to the Tribe, the terms of the 
     then existing Annual Agreement and this Compact shall, at 
     the election of the Duckwater Shoshone Tribe, be deemed 
     automatically extended by each such additional day, and the 
     government shall be obliged to provide proportionate greater 
     funding to the Tribe on a pro rata daily basis in accordance 
     with such extension and this Compact. This Compact extension 
     option shall not be construed as in derogation of any other 
     enforcement options of the Duckwater Shoshone Tribe under 
     the Compact or other federal law.  

          (g) If the parties are unable to conclude negotiation 
     of a successor Annual Funding Agreement, the terms of this 
     Compact and the existing Annual Funding Agreement shall, at 
     the option of the Duckwater Shoshone Tribe, continue on in 
     30 to 90 day increments until a successor Annual Funding 
     Agreement is agreed to. Any increases in funding to which 
     the Tribe is entitled by statute, or increases which the 
     Tribe subsequently negotiates, shall be included, at the 
     Tribe's request, in the funding increments or in the 
     successor Annual Funding Agreement.  

          SECTION 16 - CONTRACTS.  

          (a) Every contract entered into by the Duckwater 
     Shoshone Tribe in connection with a program, activity, 
     function, or service encompassed by this Compact shall be 
     developed in compliance with the Tribe's procurement 
     procedures, applicable federal laws, and Single Audit Act 
     requirements. Each contract shall be in writing, identify 
     the interested parties, their authorities and purposes, 
     state the work to be performed, the basis for any claim, the 
     payments to be made, and the term of the contract which 
     shall be fixed.  

          (b) If any power or act of the Duckwater Shoshone 
     Tribe, including amendments to the Tribe's Constitution 
     relevant to this Compact, is subject to the approval of the 
     United States, under the Tribes' Constitution and Bylaws, 
     and a written request for such approval is neither granted 
     nor denied within forty-five days following the making of 
     such request, such approval shall be deemed to have been 
     granted.  

          SECTION 17 - MATCHING FUNDS. All funds provided under 
     this Compact and any annual funding agreement entered into 
     pursuant to Title II of P.L. 103-413, and all funds provided 
     under contracts or grants made pursuant to P.L. 93-638, as 
     amended, shall be treated as non-Federal funds for purposes 
     of meeting matching requirements under any federal law. 


                              ARTICLE III 
                       OBLIGATIONS OF THE TRIBE 


          SECTION 1 - CONSOLIDATION.  

          (a) With the exception of the specific responsibilities 
     of the United States identified and retained in Article IV, 
     Section 3, and the programs, activities, functions and 
     services funded as provided in Section 403(b)(4) of P.L. 
     103-413, the Duckwater Shoshone Tribe alleviates the United 
     States of the responsibility for the programs, activities, 
     functions and services as provided for in the Annual 
     Agreement, as provided for in Article VI, Section 2 of this 
     Compact. 

          (b) To the extent a program, activity, function or 
     service included within such Annual Agreement was included 
     within a contract or grant entered into pursuant to P.L. 93-
     638, as amended, or is subject to any obligation arising 
     from such contract or grant, that contract or grant is 
     terminated and the parties' obligations shall be governed by 
     this Compact.  

          SECTION 2 - AMOUNT OF FUNDS.  

          (a) The total amount of funds covered by the 
     consolidated and redesign provided for in Section 1 of this 
     Article that the Secretary or an authorized representative 
     shall make available to the Duckwater Shoshone Tribe shall 
     be determined in an Annual Agreement between Secretary and 
     the Duckwater Shoshone Tribe, which shall be incorporated in 
     its entirety to this Compact and attached hereto as provided 
     for in Article VI, Section 2.  

          (b) This amount shall cover all program, 
     administrative, indirect and contract support funds.  

          (c) The Secretary pledges to use utmost good faith in 
     making available to the Duckwater Shoshone Tribe the funds 
     contemplated by this Compact and in negotiating the amount 
     of such funds.  

          SECTION 3 - TRIBAL PROGRAMS. The Duckwater Shoshone 
     Tribe agrees to relieve the United States of the 
     responsibility to provide such programs, activities, 
     functions and services that are identified in the Annual 
     Agreement except for the responsibilities retained by the 
     United States. The Duckwater Shoshone Tribe pledges to 
     practice utmost good faith in upholding its responsibility 
     to provide programs, activities, functions and services. The 
     Duckwater Shoshone Tribe may revise the plans for delivery 
     services, programs, activities and functions set out in the 
     Annual Agreement at any time during the year.  

          SECTION 4 - TRUST SERVICES FOR INDIVIDUAL INDIANS. To 
     the extent that the Annual Agreement endeavors to provide 
     trust services to individual Indians that the Secretary is 
     authorized to provide, the Duckwater Shoshone Tribe pledges 
     to practice utmost good faith in upholding its 
     responsibility to provide such services. Trust Services for 
     individual Indians means only services that pertain to land 
     or financial management connected to individually held 
     allotments or judgments.  

          SECTION 5 - REALLOCATION. Reallocation of funds from 
     one program, activity, function or service to another within 
     a General Budget Category, or from one General Budget 
     Category to another shall be governed only by Duckwater 
     Shoshone Tribal law and procedure and shall not require 
     Secretarial consent. In the event a reallocation involves 
     30% or more, on a cumulative annual basis, of funds for a 
     physical resource trust fund management function performed 
     by the Tribe, the Duckwater Shoshone Tribe shall provide 
     notice to the Secretary's designated official, together with 
     an explanation of how the Duckwater Shoshone Tribe's 
     responsibilities will continue to be fulfilled.  

          SECTION 6 - MERGING WITH OTHER PROGRAMS. The Duckwater 
     Shoshone Tribe may merge programs, functions, activities, or 
     services provided under this Compact with other programs, 
     functions, activities, or services provided by the Tribe 
     with its own funds or funds from other sources so long as 
     such actions are approved by the other funding source(s).  


                              ARTICLE IV 
                   OBLIGATIONS OF THE UNITED STATES 


          SECTION 1 - TRUST RESPONSIBILITY. The United States 
     reaffirms its trust responsibility to Duckwater Shoshone 
     Tribe of the Duckwater Shoshone Indian Reservation to 
     protect and conserve the trust resources of the Duckwater 
     Shoshone Tribe and of individual Indians of the Duckwater 
     Shoshone Indian Reservation. Nothing in this Compact is 
     intended to, nor should be interpreted, to terminate, waive, 
     modify or reduce the Trust responsibility of the United 
     States to the Duckwater Shoshone Tribe or individual 
     Indians. The Secretary pledges to practice utmost good faith 
     in upholding said Trust responsibility.  

          SECTION 2 - TRUST EVALUATION.  

          (a) Pursuant to P.L. 103-413, Section 403(d), the 
     Secretary shall monitor through an annual trust evaluation 
     the trust management functions being performed by the 
     Duckwater Shoshone Tribe pursuant to Article III and the 
     Annual Agreement and may, at the Secretary's option, 
     reassume a program, service, function, or activity, portions 
     thereof, if there is a finding of imminent jeopardy to a 
     physical trust asset, natural resource, or public health and 
     safety.  

          In the absence of a definition of imminent jeopardy 
     pursuant to negotiated rulemaking, "imminent jeopardy" shall 
     mean significant devaluation and/or loss of physical trust 
     asset or natural resource or the intended benefit from such 
     asset resource, or significant danger to public health and 
     safety caused by the Duckwater Shoshone Tribe, that will 
     occur as a result of immediate action or inaction by the 
     Tribe.  

          (b) For purpose of this section, a Trust Evaluation may 
     include:  

               (i) A review of trust and resource transactions;  

               (ii) On site inspections of those trust resources 

               (iii) A review of tribal trust resource management 
          practices; 

               (iv) Any other criteria, processes or appropriate 
          practices as may be negotiated in the Annual Agreement.  

          (c) Information and analysis obtained in the 
     performance of such evaluations shall be immediately 
     provided to the Duckwater Shoshone Tribe's designated 
     representative. The Duckwater Shoshone Tribe agrees to 
     cooperate in Trust Evaluations.  

          (d) If the United States' Designated Official 
     determines from such monitoring, or from any other source, 
     and makes findings which indicate a risk of imminent 
     jeopardy the United State's Designated Official shall 
     immediately notify the Tribe of its specific concerns 
     relative to the Tribe.  

          (e) Unless there is imminent jeopardy, the United 
     States shall not take back the responsibility for management 
     of that program, activity, function, or service, or portion 
     thereof. However, to the extent resources are available, the 
     United States shall provide sufficient and appropriate 
     assistance to the Duckwater Shoshone Tribe to enable the 
     protection, and conservation of Trust assets, natural 
     resources, and preservation of public health and safety.  

          (f) If there is imminent jeopardy that the Duckwater 
     Shoshone Tribe is unable to alleviate, even with the 
     assistance of the United States under subsection (e), the 
     United States may, at the Secretary's option, upon no less 
     than two (2) days advance written notice to the Duckwater 
     Shoshone Tribe, take over the responsibility for the 
     management of such endangered physical trust asset, natural 
     resource, or project related to public health and safety, 
     and may use a reasonable portion of the unobligated funds 
     remaining available for such program for that purpose, 
     notwithstanding any other provisions of this Compact.  

          (g) The evaluations required by this section shall not 
     be burdensome and shall be conducted on a cost effective 
     basis.  

          SECTION 3 - PROGRAMS RETAINED. Amended Wording. The 
     United States hereby retains the programs, services, 
     functions, duties, and responsibilities, obligations, and 
     activities with respect to the Duckwater Shoshone Tribe that 
     are not specifically assumed by the Duckwater Shoshone Tribe 
     in this Compact or the Annual Agreement. The Secretary 
     agrees that a Program Outcome Evaluation shall be performed 
     by a Compact Evaluation Team annually as to each program, 
     activity, function or service which is retained by the 
     Unities States pursuant to this Section. Evaluations shall 
     not be burdensome and shall be conducted on a cost effective 
     basis. The findings and recommendations of the Evaluation 
     Team shall be reported to the Duckwater Shoshone Tribe and 
     the Secretary or an authorized representative. The Duckwater 
     Shoshone Tribe will be given the opportunity to submit ideas 
     to the Secretary for designing and budgeting corrective 
     actions. 

          SECTION 4 - FINANCIAL AND OTHER INFORMATION.  

          (a) The Duckwater Shoshone Tribe shall be eligible for 
     new programs, activities, services and functions on the same 
     basis as other tribes and the Secretary or an authorized 
     representative shall advise the Duckwater Shoshone Tribe of 
     the funding available for such programs, To assist the 
     Duckwater Shoshone Tribe in monitoring compliance with 
     Section 403(b)(8)(A) of P.L. 103-413, the United States 
     shall provide:  

               (i) monthly copies of Bureau of Indian Affairs' 
          Status of Obligations reports of the Central Office 
          concerning Phoenix and Sacramento (education) Areas' 
          obligations;  

               (ii) monthly Status of Obligations reports of the 
          Area Office concerning programs, activities, functions, 
          and services performed in the Phoenix and Sacramento 
          (education) Areas which are comparable to those 
          performed by the Tribe under this Compact; and,  

               (iii) revisions in such program plans, guidelines 
          or budgets as those are made.  

          (b) The Duckwater Shoshone Tribe and the United States 
     shall jointly develop reporting formats for providing 
     relevant and usable financial information. Those formats 
     shall link to the format used for negotiating Compact 
     Funding Agreements. Using those formats, the United States 
     shall provide:  

               (i) quarterly financial reports from the Central 
          Office that presents the status of Phoenix and 
          Sacramento (education) Area obligations in relation to 
          budgets;  

               (ii) quarterly financial reports from the Area 
          Offices concerning programs, activities, functions, and 
          services performed in the Phoenix and Sacramento 
          (education) Areas and associated Agency of f ices; and  

               (iii) information on new programs, appropriation 
          levels on direct and flowthrough programs, budget and 
          program plan revisions, and other data that is relevant 
          to tribal decision making about its current and future 
          Compact programs and funding.  

          (c) Responses providing other information which may be 
     requested by the Duckwater Shoshone Tribe shall be made 
     within ten (10) working days.  


                               ARTICLE V 
                           OTHER PROVISIONS 


          SECTION 1 - DESIGNATED OFFICIALS. On or before the 
     effective date of this Compact, both the United States and 
     the Duckwater Shoshone Tribe shall provide each other with a 
     written designation of a senior official as its 
     representative/liaison official for notices, proposed 
     amendments to the Compact and other purposes for this 
     Compact.  

          SECTION 2 - INDIAN PREFERENCE IN EMPLOYMENT, 
     CONTRACTING AND SUB-CONTRACTING. The Duckwater Shoshone 
     Tribal law shall govern the provisions of Indian Preference 
     in Employment, contracting, and Subcontracting pursuant to 
     this Compact. Section 104 of P.L. 93-638 as amended, shall 
     apply to individuals who leave federal employment for tribal 
     employment.  

          SECTION 3 - INSURANCE. The Duckwater Shoshone Tribe 
     shall be fully covered by such liability insurance or 
     equivalent coverage that the Secretary or an authorized 
     representative provides or obtains pursuant to Section 102 
     (c) of P.L. 93-638 as amended. Additionally, the Duckwater 
     Shoshone Tribe shall be fully covered by all liability 
     coverage under the Federal Tort Claims Act that is made 
     available to the Secretary or an authorized representative 
     or to P.L. 93-638 contractors and their employees under 
     federal law, as the same may be amended from time to time, 
     and shall be responsible in the same manner as P.L. 93-638 
     contractors.  

          SECTION 4 - COMPACT MODIFICATIONS OR AMENDMENTS. To be 
     effective, any modifications of this Compact shall be in the 
     form of a written amendment to the Compact, and shall 
     require the written consent of the Duckwater Shoshone Tribe 
     and the United States.  

          SECTION 5 - CONSTRUCTION. In the implementation of this 
     Compact, the Secretary, to the extent feasible, shall 
     interpret Federal Laws and regulations in a manner that 
     facilitates this Compact in accordance with Section 403(i) 
     of P.L. 103-413.  

          SECTION 6 - OFFICIALS NOT TO BENEFIT. No member of or 
     delegate to Congress, or resident commissioner, shall be 
     admitted to any share or part of any contract executed 
     pursuant to this Compact, or to any benefit that may arise 
     therefrom; but this Provision shall not be construed to 
     extend to any contract under this Compact if made with a 
     corporation for its general benefit.  

          SECTION 7 - COVENANT AGAINST CONTINGENT FEES. The 
     parties warrant that no person or selling agency has been 
     employed or retained to solicit or secure any contract 
     executed pursuant to this Compact upon an agreement or 
     understanding for a commission, percentage, brokerage, or 
     contingent fee, excepting bona fide employees or bona fide 
     established commercial or selling agencies maintained by the 
     contractor for the purpose of securing business. For breach 
     or violation of this warranty the Government shall have the 
     right to deny any contract without liability or in its 
     discretion to deduct from the contract price or 
     consideration, or otherwise recover, the full amount of such 
     commission, percentage, brokerage, or contingent fee.  

          SECTION 8 - PENALTIES. The parties agree that the 
     criminal penalties set forth in 25 U.S.C. 450 (d) apply to 
     all activities conducted pursuant to this Compact.  

          SECTION 9 - WAGE AND LABOR STANDARD. The parties agree 
     that the wage and labor provisions set forth in 25 U.S.C. 
     450 (e) apply to all laborers and mechanics employed by 
     contractors or subcontractors in the construction, 
     alteration, or repair, including painting or redecorating of 
     buildings or other facilities in connection with this 
     Compact.  

          SECTION 10 - COMPACT TERMINATION. Should the Tribe 
     elect to convert all or some of the programs operated under 
     the Compact, back to contract status under P.L. 93-638, the 
     Tribe may do so without losing its status as a Mature 
     Contractor. Such conversion would occur only at the end of 
     the Compact term or another date mutually acceptable to the 
     parties and will be implemented in a manner which avoids any 
     interruption of services to individual tribal members.  

          SECTION 11 - NON-BIA PROGRAMS. Subject to the 
     provisions of the regulations promulgated pursuant to 
     Section 407 of P.L. 103-413, the administration of programs, 
     activities, functions, and services, or portions thereof, 
     under Section 403(b)(2) and (3), or 403(c), shall be subject 
     to such terms as have been agreed to in this Compact and 
     such funding and responsibilities as may be mutually agreed 
     to in the applicable Annual Funding Agreement.  


                              ARTICLE  VI 
                              ATTACHMENTS 


          SECTION 1 - APPROVAL OF COMPACT. The Resolution of the 
     Duckwater Shoshone Tribal Council approving this Compact is 
     attached hereto as Attachment #1.  

          SECTION 2 - ANNUAL AGREEMENT. The negotiated and duly 
     approved Annual Agreement with respect to Duckwater Shoshone 
     Tribe identifying those programs, services, functions, and 
     activities, to be performed, the responsibilities of the 
     Tribe and the responsibilities retained by the United 
     States, the general budget category assigned, and the funds 
     to be provided to the Tribe as the Tribe's share is hereby 
     incorporated in its entirety in this Compact and attached 
     hereto as Attachment #2. This Compact shall be in effect 
     only during the term of any such Annual Agreement, or any 
     extension of said term effected under the terms of this 
     Compact or otherwise. 


     DATED THIS __th DAY OF September, 1995. 

     
     Duckwater Shoshone Tribe
     
     BY:____________________________________ 
        Keith Honaker, Tribal Chairman

     
     United States of America - Department of Interior

     BY:____________________________________ 
        Assistant Secretary - Indian Affairs


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