Browse Arkansas Code titles and sections

25 U.S.C. § 5396 — General provisions

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

25 U.S.C. § 5396 — General provisions

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5396

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 364a769e66f16181fcde76fb31ba02922002f7df7a6e10c437c9332771326be2. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_e91f64dab55c85bdf726e1c6
Source file: Laws/federal/codes/united-states-code/title-25/section-5396-general-provisions--900670548c.md
Pages: Not recorded – Not recorded
Passage SHA-256: 54e0fe9ca65b65ccac452a78a2e3b91217b2cf7719ae3590308fcaa6f0811fad

Source location: Title 25, Chapter 46, § 5396; chapter-046-indian-self-determination-and-education-assistance.md

Stored source content

**(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 for purposes of chapter 5 of title 5. (2) **Recordkeeping system** — The Indian tribe shall maintain a recordkeeping system, and, after 30 days advance notice, provide the Secretary with reasonable access to such records to enable the Department of Health and Human Services to meet its minimum legal recordkeeping system requirements under sections 3101 through 3106 of title 44. **(e) Redesign and consolidation** An Indian tribe may redesign or consolidate programs, services, functions, and activities (or portions thereof) included in a funding agreement under [section 5385 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5385&num=0&edition=prelim) and reallocate or redirect funds for such programs, services, functions, and activities (or portions thereof) in any manner which the Indian tribe deems to be in the best interest of the health and welfare 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 partially, to the Secretary programs, services, functions, or activities (or portions thereof) included in the compact or funding agreement. Unless the Indian tribe rescinds the request for retrocession, such retrocession will become effective within the timeframe specified by the parties in the compact or funding agreement. In the absence 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 agreement 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 activity (or portions thereof) included in a compact or funding agreement. (B) *Effective date* — The withdrawal referred to in subparagraph (A) shall become effective within the timeframe specified in the resolution which authorizes transfer to the participating tribal 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 expires; or (ii) such date as may be mutually agreed upon by the Secretary, the withdrawing Indian tribe, and the participating tribal organization or inter-tribal consortium that has signed the compact or funding agreement on behalf of the withdrawing Indian tribe, inter-tribal consortium, or tribal organization. (2) **Distribution of funds** — When an Indian tribe or tribal organization eligible to enter into a self-determination contract under subchapter I of this chapter or a compact or funding agreement under this subchapter fully or partially withdraws from a participating inter-tribal consortium or tribal organization— (A) the withdrawing Indian tribe or tribal organization shall be entitled to its tribal share of funds supporting those programs, services, functions, or activities (or portions thereof) that the Indian tribe will be carrying out under its own self-determination contract or compact and funding agreement (calculated on the same basis as the funds were initially allocated in the funding agreement of the inter-tribal consortium or tribal organization); and (B) the funds referred to in subparagraph (A) shall be transferred from the funding agreement of the inter-tribal consortium or tribal organization, on the condition that the provisions of sections 5321 and 5324(i) of this title, as appropriate, shall apply to that withdrawing Indian tribe. (3) **Regaining mature contract status** — If an Indian tribe elects to operate all or some programs, services, functions, or activities (or portions thereof) carried out under a compact or funding agreement under this subchapter through a self-determination contract under subchapter I of this chapter, at the option of the Indian tribe, the resulting self-determination contract shall be a mature self-determination contract. **(h) Nonduplication** For the period for which, and to the extent to which, funding is provided under this subchapter or under the compact or funding agreement, the Indian tribe shall not be entitled to contract with the Secretary for such 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 such Indian tribe shall be eligible for new programs on the same basis as other Indian tribes.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5321

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

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5325

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

25 U.S.C. § 5301 — Application of other sections of this chapter

**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter. **(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5301

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

25 U.S.C. § 5385 — Reports

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5385

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

23 U.S.C. § 207 — Tribal transportation self-governance program

**(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

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

25 U.S.C. § 458ddd — Transferred

### Statutory Notes #### Codification Section 458aaa–15 was editorially reclassified as [section 5396 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5396&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 458ddd

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

25 U.S.C. § 5396 — Application of other sections of this chap-

Page 787 TITLE 25—INDIANS § 5396 (E) amounts expended in the preceding fis- cal year to carry out inherent Federal func- tions, including an identification of those functions by type and location; (3) contain a description of the method or methods (or any revisions thereof) used to de- termine the individual tribal share of funds controlled by all components of the Indian Health Service (including funds assessed by any other Federal agency) for inclusion in self-governance compacts or funding agree- ments; (4) before being submitted to Congress, be distributed to the Indian tribes for comment (with a comment period of no less than 30 days, beginning on the date of distribution); and (5) include the separate views and comments of the Indian tribes or tribal organizations. (c) Report on fund distribution method Not later than 180 days after August 18, 2000, the Secretary shall, after consultation with In- dian tribes, submit a written report to the Com- mittee on Resources of the House of Representa- tives and the Committee on Indian Affairs of the Senate that describes the method or methods used to determine the individual tribal share of funds controlled by all components of the Indian Health Service (including funds assessed by any other Federal agency) for inclusion in self-gov- ernance compacts or funding agreements. (Pub. L. 93–638, title V, § 514, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 728.) Editorial Notes REFERENCES IN TEXT Subchapter I of this chapter, referred to in subsec. (a)(2), was in the original ‘‘title I’’, meaning title I of Pub. L. 93–638, known as the Indian Self-Determination Act, which is classified principally to subchapter I (§ 5321 et seq.) of this chapter. For complete classifica- tion of title I to

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5396

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.