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25 U.S.C. § 5385 — Reports
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source location: Title 25, Chapter 46, § 5385; chapter-046-indian-self-determination-and-education-assistance.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5363/c&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization; prerequisites** The Secretary is authorized to enter into a contract or contracts with any State education agency or school district for the purpose of assisting such agency or district in the acquisition of sites for, or the construction, acquisition, or renovation of facilities (including all necessary equipment) in school districts on or adjacent to or in close proximity to any Indian reservation or other lands held in trust by the United States for Indians, if such facilities are necessary for the education of Indians residing on any such reservation or lands.
**(b) Eligibility requirements for assistance in federally-affected areas; applicability to projects in determining maximum amount, allocation, of funds, etc.** The Secretary may expend not less than 75 per centum of such funds as are authorized and appropriated pursuant to this section on those projects which meet the eligibility requirements under subsections (a) and (b) of section 644 11 See References in Text note below. of title 20. Such funds shall be allocated on the basis of existing funding priorities, if any, established by the Secretary of Education under subsections (a) and (b) of section 644 1 of title 20. The Secretary of Education is directed to submit to the Secretary, at the beginning of each fiscal year, commencing with the first full fiscal year after January 4, 1975, a list of those projects eligible for funding under subsections (a) and (b) of section 644 1 of title 20.
**(c) Eligibility of private schools to receive funds; maximum amount** The Secretary may expend not more than 25 per centum of such funds as may be authorized and appropriated pursuant to this section on any school eligible to receive funds under [section 5355 of this title](https://uscode.house.gov/
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5365
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458aaa–4 was editorially reclassified as [section 5385 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5385&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 458aaa–14
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability** The provisions of this section shall apply to compacts and funding agreements negotiated under this subchapter and an Indian tribe may, at its option, include provisions that reflect such requirements in a compact or funding agreement.
**(b) Conflicts of interest** Indian tribes participating in self-governance under this subchapter shall ensure that internal measures are in place to address conflicts of interest in the administration of self-governance programs, services, functions, or activities (or portions thereof).
**(c) Audits**
(1) **Single Agency Audit Act** — The provisions of chapter 75 of title 31 requiring a single agency audit report shall apply to funding agreements under this subchapter.
(2) **Cost principles** — An Indian tribe shall apply cost principles under the applicable Office of Management and Budget circular, except as modified by [section 5325 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5325&num=0&edition=prelim) 11 So in original. other provisions of law, or by any exemptions to applicable Office of Management and Budget circulars subsequently granted by the Office of Management and Budget. No other audit or accounting standards shall be required by the Secretary. Any claim by the Federal Government against the Indian tribe relating to funds received under a funding agreement based on any audit under this subsection shall be subject to the provisions of [section 5325(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5325/f&num=0&edition=prelim).
**(d) Records**
(1) **In general** — Unless an Indian tribe specifies otherwise in the compact or funding agreement, records of the Indian tribe shall not be considered Federal records
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement of annual budget request**
(1) **In general** — The President shall identify in the annual budget request submitted to Congress under [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) all funds necessary to fully fund all funding agreements authorized under this subchapter, including funds specifically identified to fund tribal base budgets. All funds so appropriated shall be apportioned to the Indian Health Service. Such funds shall be provided to the Office of Tribal Self-Governance which shall be responsible for distribution of all funds provided under [section 5385 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5385&num=0&edition=prelim).
(2) **Rule of construction** — Nothing in this subsection shall be construed to authorize the Indian Health Service to reduce the amount of funds that a self-governance tribe is otherwise entitled to receive under its funding agreement or other applicable law, whether or not such funds are apportioned to the Office of Tribal Self-Governance under this section.
**(b) Present funding; shortfalls** In such budget request, the President shall identify the level of need presently funded and any shortfall in funding (including direct program and contract support costs) for each Indian tribe, either directly by the Secretary of Health and Human Services, under self-determination contracts, or under compacts and funding agreements authorized under this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
Page 778
TITLE 25—INDIANS
§ 5385
1 See References in Text note below.
1 See References in Text note below.
title III 1 on August 18, 2000, shall have the op-
tion at any time after August 18, 2000, to—
(1) retain the Tribal Self-Governance Dem-
onstration Project compact of that Indian
tribe (in whole or in part) to the extent that
the provisions of that funding agreement are
not directly contrary to any express provision
of this subchapter; or
(2) instead of retaining a compact or portion
thereof under paragraph (1), negotiate a new
compact in a manner consistent with the re-
quirements of this subchapter.
(d) Term and effective date
The effective date of a compact shall be the
date of the approval and execution by the Indian
tribe or another date agreed upon by the parties,
and shall remain in effect for so long as per-
mitted by Federal law or until terminated by
mutual written agreement, retrocession, or re-
assumption.
(Pub. L. 93–638, title V, § 504, as added Pub. L.
106–260, § 4, Aug. 18, 2000, 114 Stat. 715.)
Editorial Notes
REFERENCES IN TEXT
Title III, referred to in subsec. (c), means title III of
Pub. L. 93–638, as added by Pub. L. 100–472, title II, § 209,
Oct. 5, 1988, 102 Stat. 2296, and amended, which was set
out as a note under former section 450f of this title
prior to repeal by Pub. L. 106–260, § 10, Aug. 18, 2000, 114
Stat. 734.
CODIFICATION
Section was formerly classified to section 458aaa–3 of
this title prior to editorial reclassification and renum-
bering as this section.
§ 5385. Funding agreements
(a) Funding agreement required
The Secretary shall negotiate and enter into a
written funding agreement with each Indian
tribe participating in self-governance in a man-
ner consistent with the Federal Government’s
trus
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