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25 U.S.C. § 5375 — General provisions

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5375 — General provisions

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Source file: Laws/federal/codes/united-states-code/title-25/section-5375-general-provisions--788a21303f.md
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Source location: Title 25, Chapter 46, § 5375; chapter-046-indian-self-determination-and-education-assistance.md

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**(a) Applicability** An Indian Tribe and the Secretary shall include in any compact or funding agreement provisions that reflect the requirements of this subchapter. **(b) Conflicts of interest** An Indian Tribe participating in self-governance shall ensure that internal measures are in place to address, pursuant to Tribal law and procedures, conflicts of interest in the administration of programs. **(c) Audits** (1) **Single Agency Audit Act** — Chapter 75 of title 31 shall apply to a funding agreement 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— (A) any provision of law, including [section 5325 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5325&num=0&edition=prelim); or (B) any exemptions to applicable Office of Management and Budget circulars subsequently granted by the Office of Management and Budget. (3) **Federal claims** — Any claim by the Federal Government against an Indian Tribe relating to funds received under a funding agreement based on any audit under this subsection shall be subject to [section 5325(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5325/f&num=0&edition=prelim). **(d) Redesign and consolidation** Except as provided in [section 5367 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5367&num=0&edition=prelim), an Indian Tribe may redesign or consolidate programs, or reallocate funds for programs, in a compact or funding agreement in any manner that the Indian Tribe determines to be in the best interest of the Indian community being served— (1) so long as 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; and (2) except that, with respect to the reallocation, consolidation, and redesign of programs described in subsection (b)(2) or (c) of [section 5363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5363&num=0&edition=prelim), a joint agreement between the Secretary and the Indian Tribe shall be required. **(e) Retrocession** (1) **In general** — An Indian Tribe may fully or partially retrocede to the Secretary any program under a compact or funding agreement. (2) **Effective date** (A) *Agreement* — Unless an Indian Tribe rescinds a request for retrocession under paragraph (1), the retrocession shall become effective on the date specified by the parties in the compact or funding agreement. (B) *No agreement* — In the absence of a specification of an effective date in the compact or funding agreement, the retrocession shall become effective on— (i) the earlier of— (I) 1 year after the date on which the request is submitted; and (II) the date on which the funding agreement expires; or (ii) such date as may be mutually agreed upon by the Secretary and the Indian Tribe. **(f) Nonduplication** A funding agreement shall provide that, for the period for which, and to the extent to which, funding is provided to an Indian Tribe under this subchapter, the Indian Tribe— (1) shall not be entitled to contract with the Secretary for funds under [section 5321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim), except that the Indian Tribe shall be eligible for new programs on the same basis as other Indian Tribes; and (2) shall be responsible for the administration of programs in accordance with the compact or funding agreement. **(g) Records** (1) **In general** — Unless an Indian Tribe specifies otherwise in the compact or funding agreement, records of an Indian Tribe shall not be considered to be Federal records for purposes of chapter 5 of title 5. (2) **Recordkeeping system** — An Indian Tribe shall— (A) maintain a recordkeeping system; and (B) on a notice period of not less than 30 days, provide the Secretary with reasonable access to the records to enable the Department to meet the requirements of sections 3101 through 3106 of title 44.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5321 — Congressional statement of findings

**(a) Findings respecting historical and special legal relationship, and resultant responsibilities** The Congress, after careful review of the Federal Government’s historical and special legal relationship with, and resulting responsibilities to, American Indian people, finds that— (1) the prolonged Federal domination of Indian service programs has served to retard rather than enhance the progress of Indian people and their communities by depriving Indians of the full opportunity to develop leadership skills crucial to the realization of self-government, and has denied to the Indian people an effective voice in the planning and implementation of programs for the benefit of Indians which are responsive to the true needs of Indian communities; and (2) the Indian people will never surrender their desire to control their relationships both among themselves and with non-Indian governments, organizations, and persons. **(b) Further findings** The Congress further finds that— (1) true self-determination in any society of people is dependent upon an educational process which will insure the development of qualified people to fulfill meaningful leadership roles; (2) the Federal responsibility for and assistance to education of Indian children has not effected the desired level of educational achievement or created the diverse opportunities and personal satisfaction which education can and should provide; and (3) parental and community control of the educational process is of crucial importance to the Indian people.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5325 — Reporting and audit requirements for recipients of Federal financial assistance

**(a) Maintenance of records** (1) Each recipient of Federal financial assistance under this chapter shall keep such records as the appropriate Secretary shall prescribe by regulation promulgated under sections 552 and 553 of title 5, including records which fully disclose— (A) the amount and disposition by such recipient of the proceeds of such assistance, (B) the cost of the project or undertaking in connection with which such assistance is given or used, (C) the amount of that portion of the cost of the project or undertaking supplied by other sources, and (D) such other information as will facilitate an effective audit. (2) For the purposes of this subsection, such records for a mature contract shall consist of quarterly financial statements for the purpose of accounting for Federal funds, the annual single-agency audit required by chapter 75 of title 31 11 So in original. Probably should be followed by a comma. and a brief annual program report. **(b) Access to books, documents, papers, and records for audit and examination by Comptroller General, etc.** The Comptroller General and the appropriate Secretary, or any of their duly authorized representatives, shall, until the expiration of three years after the retention period for the report that is submitted to the Secretary under subsection (a), have access (for the purpose of audit and examination) to any books, documents, papers, and records of such recipients which in the opinion of the Comptroller General or the appropriate Secretary may be related or pertinent to the grants, contracts, subcontracts, subgrants, or other arrangements referred to in the preceding subsection. The retention period shall be defined in regulations promulgated by the Secretary pursuant to [section 5373 of this title](ht

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5367 — Availability of funds to agencies, institutions, and organizations

No funds from any contract or grant pursuant to this subchapter shall be made available by any Federal agency directly to other than public agencies and Indian tribes, institutions, and organizations: Provided, That school districts, State education agencies, and Indian tribes, institutions, and organizations assisted by this subchapter may use funds provided herein to contract for necessary services with any appropriate individual, organization, or corporation.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5363 — Reimbursement to school districts for educating non-resident students

Any school district educating Indian students who are members of recognized Indian tribes, who do not normally reside in the State in which such school district is located, and who are residing in Federal boarding facilities for the purposes of attending public schools within such district may, in the discretion of the Secretary of the Interior, be reimbursed by him for the full per capita costs of educating such Indian students.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5372 — Tribal Self-Governance Program

**(a) Establishment** The Secretary shall establish and carry out a program within the Department to be known as the “Tribal Self-Governance Program”. **(b) Selection of participating Indian Tribes** (1) **In general** (A) *Eligibility* — The Secretary, acting through the Director of the Office of Self-Governance, may select not more than 50 new Indian Tribes per year from those tribes eligible under subsection (c) to participate in self-governance. (B) *Joint participation* — On the request of each participating Indian Tribe, 2 or more otherwise eligible Indian Tribes may be treated as a single Indian Tribe for the purpose of participating in self-governance. (2) **Other authorized Indian Tribe or Tribal organization** — If an Indian Tribe authorizes another Indian Tribe or a Tribal organization to plan for or carry out a program on its behalf under this subchapter, the authorized Indian Tribe or Tribal organization shall have the rights and responsibilities of the authorizing Indian Tribe (except as otherwise provided in the authorizing resolution). (3) **Joint participation as organization** — Two or more Indian Tribes that are not otherwise eligible under subsection (c) may be treated as a single Indian Tribe for the purpose of participating in self-governance as a Tribal organization if— (A) each Indian Tribe so requests; and (B) the Tribal organization itself, or at least one of the Indian Tribes participating in the Tribal organization, is eligible under subsection (c). (4) **Tribal withdrawal from a Tribal organization** (A) *In general* — An Indian Tribe that withdraws from participation in a Tribal organization, in whole or in part, shall be entitled to participate in self-governance if the Indian Tribe is eligible under subsection (c).

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 458ee — Transferred

### Statutory Notes #### Codification Section 458 was editorially reclassified as [section 5351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5351&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5375 — Appeals

Page 774 TITLE 25—INDIANS § 5373 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 con- sultation with Indian Tribes participating in self-governance, revised lists and pro- grammatic targets. (B) Contents In preparing the revised lists and pro- grammatic targets, the Secretary shall con- sider all programs that were eligible for con- tracting 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, de- velop a funding formula to determine the indi- vidual Tribal share of funds controlled by the Central Office of the Bureau of Indian Affairs and the Office of the Special Trustee for inclu- sion in the compacts. (Pub. L. 93–638, title IV, § 412, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 876.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 5365 of this title prior to repeal by Pub. L. 116–180. § 5373. Regulations (a) In general (1) Promulgation Not later than 90 days after October 21, 2020, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to nego- tiate and promulgate such regulations as are necessary to carry out this subchapter. (2) Publication of proposed regulations Proposed regulations to implement this sub- chapter shall be published in the Federal Reg- ister not later than 38 months after October 21, 2020. (3) Expiration of authority The aut

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