25 U.S.C. § 5372 — Reports

Page 773 TITLE 25—INDIANS § 5372 option of a participating Indian Tribe or Indian Tribes, any of the provisions of subchapter I may be incorporated in any compact or funding agreement under this subchapter. The inclusion of any such provision shall be subject to, and shall not conflict with, section 101(a) of such Act. (b) Effect Each incorporated provision under subsection (a) shall— (1) have the same force and effect as if set out in full in this subchapter; (2) supplement or replace any related provi- sion in this subchapter; and (3) apply to any agency otherwise governed by this subchapter. (c) Effective date If an Indian Tribe requests incorporation at the negotiation stage of a compact or funding agreement, the incorporation shall— (1) be effective immediately; and (2) control the negotiation and resulting compact and funding agreement. (Pub. L. 93–638, title IV, § 410, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 875.) Editorial Notes REFERENCES IN TEXT Sections 101(a) and 201(d) of the PROGRESS for In- dian Tribes Act, referred to in subsec. (a), are sections 101(a) and 201(d) of Pub. L. 116–180, which are set out as notes under section 5361 of this title. Subchapter I, referred to in subsec. (a), 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. § 5371. Annual budget list The Secretary shall list, in the annual budget request submitted to Congress under section 1105 of title 31, any funds proposed to be included in funding agreements authorized under this sub- chapter. (Pub. L. 93–638, title IV, § 411, 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 5364 of this title prior to repeal by Pub. L. 116–180. § 5372. 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 dis- position 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, to- gether 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 par- ticipating Indian Tribe; and (B) all such programs which Indian Tribes have formally requested to include in a fund- ing agreement under section 5363(c) of this title due to the special geographic, histor- ical, 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 in- cluding non-BIA programs in agreements with Indian Tribes participating in self-governance under this subchapter, the Secretary shall re- view all programs administered by the Depart- ment, 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 agree- ments. (3) Publication The lists under subsection (b)(5) and targets under paragraph (2) shall be published in the 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 authority to promulgate regulations under paragraph (1) shall expire on the date that is 50 months after October 21, 2020. (b) Committee (1) Membership 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 representatives of the Federal Gov- ernment and Tribal government. (2) Lead agency Among the Federal representatives de- scribed in paragraph (1), the Office of Self-Gov- ernance shall be the lead agency for the De- partment. (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 (1) Repeal The Secretary may repeal any regulation that is inconsistent with this chapter. (2) Conflicting provisions Subject to section 101(a) of the PROGRESS for Indian Tribes Act and except with respect to programs described under section 5363(c) of this title, this subchapter shall supersede any conflicting provision of law (including any conflicting regulations). (3) Effectiveness without regard to regulations The lack of promulgated regulations on an issue shall not limit the effect or implementa- tion of this subchapter. (Pub. L. 93–638, title IV, § 413, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 877; amended Pub. L. 118–15, div. B, title I, § 2102, Sept. 30, 2023, 137 Stat. 82.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (d)(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. Section 101(a) of the PROGRESS for Indian Tribes Act, referred to in subsec. (d)(2), is section 101(a) of Pub. L. 116–180, which is set out as a note under section 5361 of this title. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 5367 of this title prior to repeal by Pub. L. 116–180. AMENDMENTS 2023—Subsec. (a)(2). Pub. L. 118–15, § 2102(1), sub- stituted ‘‘38 months’’ for ‘‘21 months’’. Subsec. (a)(3). Pub. L. 118–15, § 2102(2), substituted ‘‘50 months’’ for ‘‘30 months’’. § 5374. Effect of circulars, policies, manuals, guidance, and rules Unless expressly agreed to by a participating Indian Tribe in a compact or funding agreement, the participating Indian Tribe shall not be sub- ject to any agency circular, policy, manual, guidance, or rule adopted by the Department, except for— (1) the eligibility provisions of section 5324(g) of this title; and (2) regulations promulgated pursuant to sec- tion 5373 of this title. (Pub. L. 93–638, title IV, § 414, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 878.) § 5375. Appeals Except as provided in section 5366(d) of this title, in any administrative action, appeal, or