The opportunity for “Tribal Management of National Parks and Refuges” was given a major boost with the introduction of the H.R. 3994, a bill to amend the “Indian Self-Determination and Education Assistance Act to provide further Self-Governance by Indian Tribes”.

Tribes would be able to contract for management of National Parks and Refuges under provisions in “Sec. 405 Funding Agreements”. Within this Section:

‘(3) DISCRETIONARY PROGRAMS – A funding agreement under subsection (a) may, in accordance with such additional terms as the consider to be appropriate, include programs administered by the Secretary, in addition to programs described in paragraphs (1) and (2), that are of special geographic, historical, or cultural significance to the Indian Tribe.

Tribes should be aware that Congress must appropriate funds to support the management provisions of this legislation. Budgetary language is as follows:

‘(7) BASE BUDGET – A funding agreement shall, at the option of the Indian tribe, provide a stable base budget specifying the recurring funds (including funds available under section 106(a)) to be transferred to the Indian tribe, for such period as the Indian tribe specifies in the funding agreement, subject to annual adjustment only to reflect changes in congressional appropriations.

In addition, a protective clause on “TRUST RESPONSIBILITY” is also included:

‘(8) NO WAIVER OF TRUST RESPONSIBILITY – A funding agreement shall prohibit the Secretary from waiving, modifying, or diminishing in any way the trust responsibility of the United States with respect to Indian tribes and individual Indians that exists under treaties, Executive orders, court decisions, and other laws.