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25 U.S.C. § 5387 — Effect of circulars, policies, manuals, guidance, and rules
Federal law — U.S. Code and appendices · legal_authorities
Unless expressly agreed to by a participating Indian Tribe in a compact or funding agreement, the participating Indian Tribe shall not be subject to any agency circular, policy, manual, guidance, or rule adopted by the Department, except for—
(1) the eligibility provisions of [section 5324(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324/g&num=0&edition=prelim); and
(2) regulations promulgated pursuant to [section 5373 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5373&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5387
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Stable record: federal_law:legal_authorities:record_usc_3f32d189ccec2d37b35c3c88
Source file: Laws/federal/codes/united-states-code/title-25/section-5387-effect-of-circulars-policies-manuals-guidance-and-rules--35096758a4.md
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Passage SHA-256: 4bc5c785774b02bba38088a78292d975b230e2988fe997e2c28d8f60b58976eb
Source location: Title 25, Chapter 46, § 5387; chapter-046-indian-self-determination-and-education-assistance.md
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Unless expressly agreed to by a participating Indian Tribe in a compact or funding agreement, the participating Indian Tribe shall not be subject to any agency circular, policy, manual, guidance, or rule adopted by the Department, except for—
(1) the eligibility provisions of [section 5324(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324/g&num=0&edition=prelim); and
(2) regulations promulgated pursuant to [section 5373 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5373&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization** The Secretary shall, on the request of any Indian Tribe or Tribal organization, negotiate and enter into a written funding agreement with the governing body of the Indian Tribe or the Tribal organization in a manner consistent with—
(1) the trust responsibility of the Federal Government, treaty obligations, and the government-to-government relationship between Indian Tribes and the United States; and
(2) subsection (b).
**(b) Contents** Each funding agreement shall—
(1) authorize the tribe to plan, conduct, consolidate, and administer programs, services, functions, and activities, or portions thereof, administered by the Department of the Interior through the Bureau of Indian Affairs, the Office of the Assistant Secretary for Indian Affairs, and the Office of the Special Trustee for American Indians, without regard to the agency or office of that Bureau or those Offices within which the program, service, function, and activity, or portion thereof, is performed, including funding for agency, area, and central office functions in accordance with subsection (g)(3) of this section, and including—
(A) any program, service, function, and activity, or portion thereof, administered under the authority of—
(i) the Act of April 16, 1934 ([25 U.S.C. 452](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section452&num=0&edition=prelim) et seq.); 11 See References in Text note below. and
(ii) [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim);
(B) programs, services, functions, and activities or portions thereof administered by the Secretary of the Interior that are otherwise available to Indian tribes or Indians for which appropriations are made
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5373
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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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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458aaa–6 was editorially reclassified as [section 5387 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5387&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 458aaa–16
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Federal law — U.S. Code and appendices · legal_authorities
Page 780
TITLE 25—INDIANS
§ 5387
to be in the best interest of the health and wel-
fare of the Indian community being served, only
if the redesign or consolidation does not have
the effect of denying eligibility for services to
population groups otherwise eligible to be
served under applicable Federal law.
(f) Retrocession
An Indian tribe may retrocede, fully or par-
tially, to the Secretary programs, services, func-
tions, or activities (or portions thereof) included
in the compact or funding agreement. Unless the
Indian tribe rescinds the request for retroces-
sion, such retrocession will become effective
within the timeframe specified by the parties in
the compact or funding agreement. In the ab-
sence of such a specification, such retrocession
shall become effective on—
(1) the earlier of—
(A) 1 year after the date of submission of
such request; or
(B) the date on which the funding agree-
ment expires; or
(2) such date as may be mutually agreed
upon by the Secretary and the Indian tribe.
(g) Withdrawal
(1) Process
(A) In general
An Indian tribe may fully or partially
withdraw from a participating inter-tribal
consortium or tribal organization its share
of any program, function, service, or activ-
ity (or portions thereof) included in a com-
pact or funding agreement.
(B) Effective date
The withdrawal referred to in subpara-
graph (A) shall become effective within the
timeframe specified in the resolution which
authorizes transfer to the participating trib-
al organization or inter-tribal consortium.
In the absence of a specific timeframe set
forth in the resolution, such withdrawal
shall become effective on—
(i) the earlier of—
(I) 1 year after the date of submission
of such request; or
(II) the date on which the funding
agreement expi
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5387
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