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 the Code, see Short Title note set out under section 5301 of this title and Tables. This chapter, referred to in subsec. (a)(2), 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–13 of this title prior to editorial reclassification and re- numbering as this section. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. § 5395. Disclaimers (a) No funding reduction Nothing in this subchapter shall be construed to limit or reduce in any way the funding for any program, project, or activity serving an In- dian tribe under this or other applicable Federal law. Any Indian tribe that alleges that a com- pact or funding agreement is in violation of this section may apply the provisions of section 5331 of this title. (b) Federal trust and treaty responsibilities Nothing in this chapter shall be construed to diminish in any way the trust responsibility of the United States to Indian tribes and indi- vidual Indians that exists under treaties, Execu- tive orders, or other laws and court decisions. (c) Obligations of the United States The Indian Health Service under this chapter shall neither bill nor charge those Indians who may have the economic means to pay for serv- ices, nor require any Indian tribe to do so. (Pub. L. 93–638, title V, § 515, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 729.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b) and (c), was in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Deter- mination and Education Assistance Act, which is clas- sified principally to this chapter. For complete classi- fication 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–14 of this title prior to editorial reclassification and re- numbering as this section. § 5396. Application of other sections of this chap- ter (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 sub- chapter. (b) Discretionary application At the request of a participating Indian tribe, any other provision of subchapter I of this chap- ter, to the extent such provision is not in con- flict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obli- gated 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 re- quests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective imme- diately and shall control the negotiation and re- sulting compact and funding agreement. (Pub. L. 93–638, title V, § 516, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 729.) Editorial Notes REFERENCES IN TEXT Section 314 of Pub. L. 101–512, referred to in subsec. (a), is section 314 of Pub. L. 101–512, which is set out as a note under section 5321 of this title. Page 788 TITLE 25—INDIANS § 5397 Subchapter I of this chapter, referred to in subsec. (b), 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 classification of title I 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–15 of this title prior to editorial reclassification and re- numbering as this section. § 5397. Regulations (a) In general (1) Promulgation Not later than 90 days after August 18, 2000, 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 by the Secretary no later than 1 year after August 18, 2000. (3) Expiration of authority The authority to promulgate regulations under paragraph (1) shall expire 21 months after August 18, 2000. (b) Committee (1) In general A negotiated rulemaking committee estab- lished pursuant to section 565 of title 5 to carry out this section shall have as its mem- bers only Federal and tribal government rep- resentatives, a majority of whom shall be nominated by and be representatives of Indian tribes with funding agreements under this chapter. (2) Requirements The committee shall confer with, and ac- commodate participation by, representatives of Indian tribes, inter-tribal consortia, tribal organizations, and individual tribal members. (c) Adaptation of procedures The Secretary shall adapt the negotiated rule- making procedures to the unique context of self- governance and the government-to-government relationship between the United States and In- dian tribes. (d) Effect The lack of promulgated regulations shall not limit the effect of this subchapter. (e) Effect of circulars, policies, manuals, guid- ances, and rules Unless expressly agreed to by the partici- pating Indian tribe in the compact or funding agreement, the participating Indian tribe shall not be subject to any agency circular, policy, manual, guidance, or rule adopted by the Indian Health Service, except for the eligibility provi- sions of section 5324(g) of this title and regula- tions promulgated under this section. (Pub. L. 93–638, title V, § 517, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 730.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(1), 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–16 of this title prior to editorial reclassification and re- numbering as this section. § 5398. Appeals In any appeal (including civil actions) involv- ing decisions made by the Secretary under this subchapter, the Secretary shall have the burden of proof of demonstrating by clear and con- vincing evidence— (1) the validity of the grounds for the deci- sion made; and (2) that the decision is fully consistent with provisions and policies of this subchapter. (Pub. L. 93–638, title V, § 518, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 730.) Editorial Notes CODIFICATION Section was formerly classified to section 458aaa–17 of this title prior to editorial reclassification and re- numbering as this section. § 5399. Authorization of appropriations (a) In general There are authorized to be appropriated such sums as may be necessary to carry out this sub- chapter. (b) Availability of appropriations Notwithstanding any other provision of this chapter, the provision of funds under this chap- ter shall be subject to the availability of appro- priations and the Secretary is not required to reduce funding for programs, projects, or activi- ties serving a tribe in order to make funds avail- able to another tribe or tribal organization under this chapter. (Pub. L. 93–638, title V, § 519, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 731.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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–18 of this title prior to editorial reclassification and re- numbering as this section. SUBCHAPTER VI—INDIAN LAW ENFORCEMENT FOUNDATION § 5411. Definitions In this subchapter: