§5372 — Title 25 Indians | U.S. Code

Summary

Each year on January 1, the Secretary must send Congress a report about how tribal self-governance is being run. Any Indian Tribe can also send a yearly report to the Office of Self-Governance and to Congress about funding needs that are not being met. The Secretary’s report must be built from funding agreements, annual audits, and data about how Federal money was spent. The report must show the costs and benefits of self-governance, list funds tied to services for tribes, say what money was given to each tribe and how many Federal jobs or work were reduced, and include the funding formula for each tribe’s share. Before the report goes to Congress, it must be given to tribes for at least 30 days for comment, include each tribe’s separate views, and list programs that can be negotiated and any tribe requests for special programs with explanations of approvals or denials. The Secretary must also look at all Department programs outside the BIA, the Assistant Secretary for Indian Affairs, and the Office of the Special Trustee to find non-BIA programs that tribes could include in agreements. After talking with tribes, the Secretary must set program targets to encourage bureaus to offer portions of those programs for agreements. The lists and targets must be published in the Federal Register and shared with tribes. The Secretary must review and update those lists and targets every year, considering programs that were on the 1995 list unless a program cannot be offered by law. By January 1, 2020, the Secretary must create a funding formula for the Central Office funds to use in compacts.

Title 25, §5372

Indians — Source: USLM XML via OLRC

(a)(1)On January 1 of each year, the Secretary shall submit to Congress a report regarding the administration of this subchapter.

(2)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)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)(1)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)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)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)(A)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)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)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.

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.

§5372 Reports

Summary

Title 25, §5372

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

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