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25 U.S.C. § 458aaa–5 — Transferred
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458dd was editorially reclassified as [section 5364 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5364&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 458aaa–5
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Stable record: federal_law:legal_authorities:record_usc_28f9d564939e216ac92d8928
Source file: Laws/federal/codes/united-states-code/title-25/section-458aaa5-transferred--980a441b37.md
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Passage SHA-256: a9f568738fdf3cb891e842866d3841f06932dadbd7d8e4fc89665c4a68177db8
Source location: Title 25, Chapter 14, § 458aaa–5; chapter-014-miscellaneous.md
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### Statutory Notes
#### Codification
Section 458dd was editorially reclassified as [section 5364 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5364&num=0&edition=prelim).
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For the purposes of sections 5342 to 5348 of this title, the following definitions apply:
(1) **Contracting party** — The term “contracting party” means an entity that has a contract through a program authorized under sections 5342 to 5348 of this title.
(2) **Eligible entity** — The term “eligible entity” means an entity that is eligible to apply for a contract for a supplemental or operational support program under sections 5342 to 5348 of this title, as outlined in [section 5342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5342&num=0&edition=prelim).
(3) **Existing contracting party** — The term “existing contracting party” means a contracting party that has a contract under sections 5342 to 5348 of this title that is in effect on December 31, 2018.
(4) **JOM Modernization Act** — The term “JOM Modernization Act” means the Johnson-O’Malley Supplemental Indian Education Program Modernization Act.
(5) **New contracting party** — The term “new contracting party” means an entity that enters into a contract under sections 5342 to 5348 of this title after December 31, 2018.
(6) **Secretary** — The term “Secretary” means the Secretary of the Interior.
**(b) Determination of the number of eligible Indian students**
(1) **Initial determinations**
(A) *In general* — The Secretary shall make an initial determination of the number of eligible Indian students served or potentially served by each eligible entity in accordance with subparagraph (B).
(B) *Process for making the initial determination*
(i) *Preliminary report* — Not later than 180 days after December 31, 2018, the Secretary shall publish a preliminary report describing the number of eligible Indian students served or potentially serve
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5364
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** Subject to the requirements of this section, the Secretary shall establish and carry out a program to be known as the tribal transportation self-governance program. The Secretary may delegate responsibilities for administration of the program as the Secretary determines appropriate.
**(b) Eligibility.—**
(1) **In general.—** — Subject to paragraphs (2) and (3), an Indian tribe shall be eligible to participate in the program if the Indian tribe requests participation in the program by resolution or other official action by the governing body of the Indian tribe, and demonstrates, for the preceding 3 fiscal years, financial stability and financial management capability, and transportation program management capability.
(2) **Criteria for determining financial stability and financial management capacity.—** — For the purposes of paragraph (1), evidence that, during the preceding 3 fiscal years, an Indian tribe had no uncorrected significant and material audit exceptions in the required annual audit of the Indian tribe’s self-determination contracts or self-governance funding agreements with any Federal agency shall be conclusive evidence of the required financial stability and financial management capability.
(3) **Criteria for determining transportation program management capability.—** — The Secretary shall require an Indian tribe to demonstrate transportation program management capability, including the capability to manage and complete projects eligible under this title and projects eligible under chapter 53 of title 49, to gain eligibility for the program.
**(c) Compacts.—**
(1) **Compact required.—** — Upon the request of an eligible Indian tribe, and subject to the requirements of this section, the Secretary shall negotiate and enter in
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 207
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