Page:United States Statutes at Large Volume 102 Part 3.djvu/337

 PUBLIC LAW 100-472—OCT. 5, 1988

102 STAT. 2289

"(2) provide assistance to the tribal organization to overcome the stated objections, and "(3) provide the tribal organization with a hearing on the record and the opportunity for appeal on the objections raised, under such rules and regulations as the Secretary may promulgate. "(c)(1) B^inning in 1990, the Secretary shall be responsible for obtaining or providing liability insurance or equivalent coverage, on the most cost-effective basis, for Indian tribes, tribal organizations, and tribal contractors carrying out contracts, grant agreements and cooperative agreements pursuant to this Act. In obtaining or providing such coverage, the Secretary shall take into consideration the extent to which liability under such contracts or agreements are covered by the Federal Tort Claims Act. "(2) In obtaining or providing such coverage, the Secretary shall, to the greatest extent practicable, give a preference to coverage underwritten by Indian-owned economic enterprises as defined in section 1425, title 25, United States Code, except that, for the purposes of this subsection, such enterprises may include non-profit corporations. "(3)(A) Any policy of insuremce obtained or provided by the Secretary pursuant to this subsection shall contain a provision that the insurance carrier shall waive any right it may have to raise as a defense the sovereign immunity of an Indian tribe from suit, but that such waiver shall extend only to claims the amount and nature of which are within the coverage and limits of the policy and shall not authorize or empower such insurance carrier to waive or otherwise limit the tribe's sovereign immunity outside or beyond the coverage or limits of the policy of insurance. "(B) No waiver of the sovereign immunity of an Indian tribe pursuant to this paragraph shall include a waiver to the extent of any potential liability for interest prior to judgment or for punitive damages or for any other limitation on liability imposed by the law of the State in which the alleged injury occurs.. (b)(1) Subsections (a) and Qo) and the first sentence of subsection (c) of section 103 of the Indian Self-Determination Act are hereby repealed. Subsection (c) of section 103 of the Indian Self-Determination Act is redesignated as subsection (d) of section 102 of that Act and is amended by striking out "103 and 104flt))" and inserting, in lieu thereof, "102 or 103". (2) Any reference to section 103(c) contained in an Act making appropriations for the Department of the Interior and Related Agencies for fiscal year 1989 shall be deemed to apply to section 102(d) of such Act as amended by this Act,

Records.

Insurance. Grants.

25 USC 450f, 450g. 25 USC 450f note. 25 USC 450f note.

SEC. 202. TECHNICAL ASSISTANCE AND GRANTS TO TRIBAL ORGANIZATIONS.

Section 104 of the Indian Self-Determination Act is amended— 25 USC 450h. (a) by redesignating such section as section 103; (b) by inserting the word "or" at the end of paragraph (2) of subsection (a) of such section, striking the semicolon and the word "or" at the end of paragraph (3) of such subsection and inserting, in lieu thereof, a period, and by striking all of paragraph (4); (c) by striking the phrase "Health, Education, and Welfare" in subsection (b) of such section and inserting, in lieu thereof, the phrase "Health and Human Services"; and

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