ISDEAAIndian Self-Determination and Education Assistance Act
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Programs which "collaterally benefit Indians as a part of the broader population" but are not "specifically targeted" at the Tribe are not eligible for mandatory funding under ISDEAA.
The river restoration projects for which the Tribe requested funding were not intended for the Tribe's exclusive benefit, and thus did not meet the criteria for mandatory serf-determination contracts under the ISDEAA.
Virtually all Alaska tribes contract or compact with the Bureau of Indian Affairs and Indian Health Service, either directly or through tribal consortia, to provide services to their members under the ISDEAA.
The Department of the Interior's Office of Self-Governance analyzed data from fiscal year 2002 regarding 23 separate ISDEAA Title IV Compacts and Funding Agreements administered on behalf of 170 tribes.
103-374, at 1 (1994) (report accompanying 1994 ISDEAA amendments and noting that "[t]he policy of self-determination has proven to be very successful"); S.
The ISDEAA, the ICWA, ARPA, and NAGPRA demonstrate Congress's commitment to ensuring a tribal role in management and decision making concerning resources of critical importance to the tribes.
The basic structure of the ISDEAA involves tribal contracting with federal agencies to assume the responsibilities for programs operated for the benefit of tribal people.
A comanagement approach following the ISDEAA model would involve tribal contracting of programs or components of certain programs, within those federal land and resource management agencies having responsibility over the habitat and resources upon which tribal reserved rights depend.
Third, as with ISDEAA programs, the legislation should provide for tort liability coverage for tribal programs under the Federal Tort Claims Act.
Through the ISDEAA, Congress has already provided for tribal operation of certain federal programs, reflecting the tribal understanding that the operation of such programs is part of the self-determination process.
279) The stated goals of the ISDEAA include strengthening tribal governments and enhancing their ability to provide services to their people in their capacity as sovereign, self-determining governments.
Congress amended the ISDEAA in 1988 with provisions aimed at curtailing agency discretion in turning programs over to tribes.