legislation: 105-s-2097
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| 105-s-2097 | 105 | s | 2097 | Indian Tribal Conflict Resolution and Tort Claims and Risk Management Act of 1998 | Native Americans | 1998-05-20 | 1998-10-01 | Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably. | Senate | Sen. Campbell, Ben Nighthorse [R-CO] | CO | R | C000077 | 0 | TABLE OF CONTENTS: Title I: Intergovernmental Agreements Title II: Tort Liability Insurance Indian Tribal Conflict Resolution and Tort Claims and Risk Management Act of 1998 - Title I: Intergovernmental Agreements - Grants U.S. consent for States, Indian tribes, and tribal organizations to enter into compacts and agreements under this title, including those relating to the collection and payment of certain retail taxes. Requires copies of such compacts or agreements to be filed with the Secretary of the Interior within 30 days. Sets forth compact or agreement limitations and provisions concerning revocation and revision or renewal. (Sec. 102) Requires good faith negotiations with regard to a claim, with the objective of achieving an intergovernmental agreement or compact. Directs the Secretary to cause to occur and facilitate such negotiations. Provides for: (1) selection of a mediator; (2) negotiation procedures; (3) the exchange of appropriate records and documentation; (4) negotiation termination after one year, unless an extension is mutually agreed upon by the parties; and (5) a negotiated settlement as the final resolution of the claim. (Sec. 103) Authorizes the Secretary, if negotiations fail to result in a settlement, to refer the State and Indian tribe involved to the Intergovernmental Alternative Dispute Panel, which shall consult with the Federal Mediation Conciliation Service. Outlines Service duties with respect to assistance to the Panel for its dispute resolution. (Sec. 104) Provides judicial enforcement of intergovernmental agreements under this title. (Sec. 105) Directs the Secretary to establish the Tribal-Federal-State Commission to advise the Secretary on issues of intergovernmental concern with respect to Indian tribes, States, and the Federal Government, including law enforcement, civil and criminal jurisdiction, taxation, transportation, economy development, and related matters. Requires annual reports from the Commission to the President and specified congressional committees. (Sec. 106) Authorizes the United States to provide financial assistance for personnel and administrative expenses under any compact or agreement reached under this title. Title II: Tort Liability Insurance - Directs the Secretary, within two years after the enactment of this Act, to obtain or provide tort liability insurance or equivalent coverage for each Indian tribe that receives a tribal priority allocation from amounts made available to the Bureau of Indian Affairs for the operation of Indian programs. Requires such insurance to be obtained or provided in the most cost-effective manner available. Sets forth insurance requirements, conditions, and limitations. (Sec. 202) Directs the Secretary, before obtaining or providing such insurance, to conduct a comprehensive study of the degree, type, and adequacy of liability insurance coverage of Indian tribes at the time of the study. Requires annual reports from the Secretary to the Congress on the implementation of this title. | 2025-08-21T16:13:36Z |