2016 US Code
Title 25 - Indians
Chapter 46 - Indian Self-Determination and Education Assistance
Subchapter IV - Tribal Self-Governance-Department of the Interior
Sec. 5365 - Reports

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Citation 25 U.S.C. § 5365 (2016)
Section Name §5365. Reports
Section Text (a) Requirement

The Secretary shall submit to Congress a written report on January 1 of each year following October 25, 1994, regarding the administration of this subchapter.

(b) Contents

The report shall—

(1) identify the relative costs and benefits of Self-Governance;

(2) identify, with particularity, all funds that are specifically or functionally related to the provision by the Secretary of services and benefits to Self-Governance tribes and their members;

(3) identify the funds transferred to each Self-Governance tribe and the corresponding reduction in the Federal bureaucracy;

(4) include the separate views of the tribes; and

(5) include the funding formula for individual tribal shares of Central Office funds, together with the comments of affected Indian tribes, developed under subsection (d) of this section.

(c) Report on non-BIA programs

(1) In order to optimize opportunities for including non-Bureau of Indian Affairs programs, services, functions, and activities, or portions thereof, in agreements with tribes participating in Self-Governance under this subchapter, the Secretary shall—

(A) review all programs, services, functions, and activities, or portions thereof, administered by the Department of the Interior, other than through the Bureau of Indian Affairs, without regard to the agency or office concerned; and

(B) not later than 90 days after October 25, 1994, provide to the appropriate committees of Congress a listing of all such programs, services, functions, and activities, or portions thereof, that the Secretary determines, with the concurrence of tribes participating in Self-Governance under this subchapter, are eligible for inclusion in such agreements at the request of a participating Indian tribe.


(2) The Secretary shall establish programmatic targets, after consultation with tribes participating in Self-Governance under this subchapter, to encourage bureaus of the Department to assure that a significant portion of such programs, services, functions, and activities are actually included in the agreements negotiated under section 5363 of this title.

(3) The listing and targets under paragraphs (1) and (2) shall be published in the Federal Register and be made available to any Indian tribe participating in Self-Governance under this subchapter. The list shall be published before January 1, 1995, and annually thereafter by January 1 preceding the fiscal year in which the targets are to be met.

(4) Thereafter, the Secretary shall annually review and publish in the Federal Register, after consultation with tribes participating in Self-Governance under this subchapter, a revised listing and programmatic targets.

(d) Report on Central Office funds

Within 90 days after October 25, 1994, 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 for inclusion in the Self-Governance compacts. The Secretary shall include such formula in the annual report submitted to the Congress under subsection (b) of this section, together with the views of the affected Indian tribes.

Source Credit

(Pub. L. 93–638, title IV, §405, as added Pub. L. 103–413, title II, §204, Oct. 25, 1994, 108 Stat. 4276.)

Editorial Notes CODIFICATION

Section was formerly classified to section 458ee of this title prior to editorial reclassification and renumbering as this section.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 25 - INDIANS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 25 - INDIANS
CHAPTER 46 - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
SUBCHAPTER IV - TRIBAL SELF-GOVERNANCE-DEPARTMENT OF THE INTERIOR
Sec. 5365 - Reports
Contains section 5365
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law No
Disposition standard
Statutes at Large Reference 108 Stat. 4276
Public Law References Public Law 93-638, Public Law 103-413
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