Title 25, IndiansRelease 119-110

§5372 Reports

Title 25 › CHAPTER 46 — INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE › SUBCHAPTER IV — TRIBAL SELF-GOVERNANCE—DEPARTMENT OF THE INTERIOR › § 5372

Last updated Sep 22, 2026|Official source

Summary

On January 1 each year, the Secretary must send Congress a report about how self‑governance is being run. Any Indian Tribe can also send the Office of Self‑Governance and the right Congressional committees a yearly review of funding needs that are not being met. The report must use information from funding agreements, audits, and the Secretary’s financial data. It must show the costs and benefits of self‑governance, list funds tied to services for Tribes, show what money was moved to each Tribe and how federal jobs or workload changed, and include the funding formula for each Tribe’s share of Central Office funds. The draft report must be shared with Tribes at least 30 days before it goes to Congress and include each Tribe’s separate comments. The report must also list programs open for negotiation and any special program requests by Tribes, saying whether each request was approved or denied and why. The Secretary must also review Department programs outside the BIA, set targets with Tribes to make some of those programs available for agreements, and publish the program lists and targets in the Federal Register. The lists and targets must be updated and published every year after Tribe consultation, considering programs from the 1995 list except those barred by law. By January 1, 2020, the Secretary must work with Tribes to create the formula for dividing Central Office funds for compacts.

Full Legal Text

Title 25, §5372

Indians, Source: USLM XML via OLRC

(a)In general
(1)Requirement
On January 1 of each year, the Secretary shall submit to Congress a report regarding the administration of this subchapter.
(2)Analysis
Any Indian Tribe may submit to the Office of Self-Governance and to the appropriate committees of Congress a detailed annual analysis of unmet Tribal needs for funding agreements under this subchapter.
(b)Contents
The report under subsection (a)(1) shall—
(1)be compiled from information contained in funding agreements, annual audit reports, and data of the Secretary regarding the disposition of Federal funds;
(2)identify—
(A)the relative costs and benefits of self-governance;
(B)with particularity, all funds that are specifically or functionally related to the provision by the Secretary of services and benefits to self-governance Indian Tribes and members of Indian Tribes;
(C)the funds transferred to each Indian Tribe and the corresponding reduction in the Federal employees and workload; and
(D)the funding formula for individual Tribal shares of all Central Office funds, together with the comments of affected Indian Tribes, developed under subsection (d);
(3)before being submitted to Congress, be distributed to the Indian Tribes for comment (with a comment period of not less than 30 days);
(4)include the separate views and comments of each Indian Tribe or Tribal organization; and
(5)include a list of—
(A)all such programs that the Secretary determines, in consultation with Indian Tribes participating in self-governance, are eligible for negotiation to be included in a funding agreement at the request of a participating Indian Tribe; and
(B)all such programs which Indian Tribes have formally requested to include in a funding agreement under section 5363(c) of this title due to the special geographic, historical, or cultural significance of the program to the Indian Tribe, indicating whether each request was granted or denied, and stating the grounds for any denial.
(c)Report on non-BIA programs
(1)In general
In order to optimize opportunities for including non-BIA programs in agreements with Indian Tribes participating in self-governance under this subchapter, the Secretary shall review all programs administered by the Department, 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, without regard to the agency or office concerned.
(2)Programmatic targets
The Secretary shall establish programmatic targets, after consultation with Indian Tribes participating in self-governance, to encourage bureaus of the Department to ensure that an appropriate portion of those programs are available to be included in funding agreements.
(3)Publication
The lists under subsection (b)(5) and targets under paragraph (2) shall be published in the Federal Register and made available to any Indian Tribe participating in self-governance.
(4)Annual review
(A)In general
The Secretary shall annually review and publish in the Federal Register, after consultation with Indian Tribes participating in self-governance, revised lists and programmatic targets.
(B)Contents
In preparing the revised lists and programmatic targets, the Secretary shall consider all programs that were eligible for contracting in the original list published in the Federal Register in 1995, except for programs specifically determined not to be contractible as a matter of law.
(d)Report on Central Office funds
Not later than January 1, 2020, the Secretary shall, in consultation with Indian Tribes, develop a funding formula to determine the individual Tribal share of funds controlled by the Central Office of the Bureau of Indian Affairs and the Office of the Special Trustee for inclusion in the compacts.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 5365 of this title prior to repeal by Pub. L. 116–180.

Reference

Citations & Metadata

Citation

25 U.S.C. § 5372

Title 25, Indians

Last Updated

Sep 22, 2026

Release point: 119-110