Sec. 202. Effect of certain provisions
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In this section: The term funding agreement means a funding agreement entered into under section 403 of the ISDEAA ( 25 U.S.C. 458cc ). The term ISDEAA means the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ). The term non-BIA program means all or a portion of a program, function, service, or activity that is administered by any bureau, service, office, or agency of the Department of the Interior other than through— the Bureau of Indian Affairs; the Office of the Assistant Secretary for Indian Affairs; or the Office of the Special Trustee for American Indians.
The term Secretary means the Secretary of the Interior. The term self-determination contract means a self-determination contract entered into under section 102 of the ISDEAA ( 25 U.S.C. 450f ). The term tribal water settlement means any settlement, compact, or other agreement entered into by an Indian tribe and the United States, or by an Indian tribe, the United States, and one or more parties that— settles or quantifies any Federal reserved water rights or any claims relating to those rights of the Indian tribe; and has been authorized by an Act of Congress.
Nothing in this Act (including this section) or any amendment made by this Act (including section 414 of the ISDEAA (relating to regulations), as added by section 201)— modifies or affects the meaning, application, or effect of— section 102(a)(1)(E) of the ISDEAA ( 25 U.S.C. 450f(a)(1)(E) ), as in effect on the day before the date of enactment of this Act; or paragraph
(2)or
(3)of subsection
(b)or subsection
(c)of section 403 of the ISDEAA (25 U.S.C. 458cc), as in effect on the day before the date of enactment of this Act; increases, limits, modifies, or otherwise affects any authority of the Secretary that the Secretary held on the day before the date of enactment of this Act under section 403(c) of the ISDEAA ( 25 U.S.C. 458cc(c) ); authorizes the inclusion of any non-BIA program in— a self-determination contract as a program under section 102(a)(1)(E) of the ISDEAA (25 U.S.C. 450f(a)(1)(E)) if the inclusion of that non-BIA program in a self-determination contract as a program under that section would not have been authorized under the ISDEAA on the day before the date of enactment of this Act; a funding agreement as a program under section 403(b)(2) of the ISDEAA ( 25 U.S.C. 458cc(b)(2) ) if the inclusion of that non-BIA program in a funding agreement as a program under that section would not have been authorized on the day before the date of enactment of this Act; or a funding agreement as a program under section 403(c) of the ISDEAA ( 25 U.S.C. 458cc(c) ) if the inclusion of that non-BIA program in a funding agreement as a program under that section would not have been authorized under the ISDEAA on the day before the date of enactment of this Act; modifies or otherwise affects the meaning, application, or effect of any provision of law that— is not contained in the ISDEAA; and expressly authorizes or prohibits contracting or compacting under title I or title IV of the ISDEAA with respect to a specific program or project that is identified or otherwise referred to in that provision of law; modifies or otherwise affects the meaning, application, or effect of, or the performance required of a party, or any payment or funding under— a tribal water settlement; or any Act of Congress approving, authorizing, or ratifying a tribal water settlement; or authorizes any self-determination contract or funding agreement or approval of any self-determination contract or funding agreement under the ISDEAA (as amended by section 201) that would authorize an Indian tribe to plan, conduct, consolidate, administer, or receive funding for any program, project, or activity that is required, authorized, or funded by a tribal water settlement or an Act of Congress approving, authorizing, or ratifying a tribal water settlement in a manner that is inconsistent with the terms of that tribal water settlement or that Act of Congress.
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