25 U.S.C. § 5393 — Budget request

Page 786 TITLE 25—INDIANS § 5393 an Indian tribe if the Secretary determines the property is appropriate for use by the In- dian tribe for any purpose for which a compact or funding agreement is authorized under this subchapter. (d) Matching or cost-participation requirement All funds provided under compacts, funding agreements, or grants made pursuant to this chapter, shall be treated as non-Federal funds for purposes of meeting matching or cost par- ticipation requirements under any other Federal or non-Federal program. (e) State facilitation States are hereby authorized and encouraged to enact legislation, and to enter into agree- ments with Indian tribes to facilitate and sup- plement the initiatives, programs, and policies authorized by this subchapter and other Federal laws benefiting Indians and Indian tribes. (f) Rules of construction Each provision of this subchapter and each provision of a compact or funding agreement shall be liberally construed for the benefit of the Indian tribe participating in self-governance and any ambiguity shall be resolved in favor of the Indian tribe. (Pub. L. 93–638, title V, § 512, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 726.) 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, 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. This chapter, referred to in subsec. (d), was in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determina- tion and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Section was formerly classified to section 458aaa–11 of this title prior to editorial reclassification and re- numbering as this section. § 5393. Budget request (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 all funds necessary to fully fund all funding agreements authorized under this subchapter, including funds specifi- cally 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-Govern- ance which shall be responsible for distribu- tion of all funds provided under section 5385 of this title. (2) Rule of construction Nothing in this subsection shall be con- strued to authorize the Indian Health Service to reduce the amount of funds that a self-gov- ernance tribe is otherwise entitled to receive under its funding agreement or other applica- ble law, whether or not such funds are appor- tioned 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 pro- gram 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 agree- ments authorized under this subchapter. (Pub. L. 93–638, title V, § 513, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 727.) Editorial Notes CODIFICATION Section was formerly classified to section 458aaa–12 of this title prior to editorial reclassification and re- numbering as this section. § 5394. Reports (a) Annual report (1) In general Not later than January 1 of each year after August 18, 2000, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Resources of the House of Representatives a written report regarding the administration of this subchapter. (2) Analysis The report under paragraph (1) shall include a detailed analysis of the level of need being presently funded or unfunded for each Indian tribe, either directly by the Secretary, under self-determination contracts under subchapter I of this chapter, or under compacts and fund- ing agreements authorized under this chapter. In compiling reports pursuant to this section, the Secretary may not impose any reporting requirements on participating Indian tribes or tribal organizations, not otherwise provided in this chapter. (b) Contents The report under subsection (a) of this section shall— (1) be compiled from information contained in funding agreements, annual audit reports, and data of the Secretary regarding the dis- position of Federal funds; and (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 their members; (C) the funds transferred to each self-gov- ernance Indian tribe and the corresponding reduction in the Federal bureaucracy; (D) the funding formula for individual trib- al shares of all headquarters funds, together with the comments of affected Indian tribes or tribal organizations, developed under sub- section (c) of this section; and