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 rights settlement means any settlement, compact, or other agreement expressly ratified or approved by an Act of Congress that— includes an Indian tribe and the United States as parties; and quantifies or otherwise defines any water right of the Indian tribe. Nothing in this Act— modifies, limits, expands, or otherwise affects— the authority of the Secretary, as provided for under the ISDEAA on the day before the date of enactment of this Act, to include any non-BIA program in a self-determination contract under section 102(a)(1)(E) of the ISDEAA ( 25 U.S.C. 450f(a)(1)(E) ) or a funding agreement under section 403(b)(2) or 403(c) of the ISDEAA ( 25 U.S.C. 458cc(b)(2) , 458cc(c)); or the implementation of any contract or agreement described in subparagraph
(A)that is in effect 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 to, or any payment or funding under a tribal water rights settlement; or authorizes any self-determination contract or funding agreement that contains one or more provisions that are inconsistent with the terms of a tribal water rights settlement.
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