§ 458e TITLE 25—INDIANS Page 178

1See References in Text note below.

§ 458e. Supplemental assistance to funds provided to local educational agencies

The assistance provided in this subchapter for

the education of Indians in the public schools of

any State is in addition and supplemental to assistance provided under title IX of the Elementary and Secondary Education Act of 1965 [20

U.S.C. 7801 et seq.].

(Pub. L. 93–638, title II, §209, Jan. 4, 1975, 88 Stat.

2217; Pub. L. 103–382, title III, §393(c), Oct. 20,

1994, 108 Stat. 4027.)

REFERENCES IN TEXT

The Elementary and Secondary Education Act of

1965, referred to in text, is Pub. L. 89–10, Apr. 11, 1965,

79 Stat. 27, as amended generally by Pub. L. 103–382,

title I, §101, Oct. 20, 1994, 108 Stat. 3519. Title IX of the

Act is classified generally to subchapter IX (§7801 et

seq.) of chapter 70 of Title 20, Education. For complete

classification of this Act to the Code, see Short Title

note set out under section 6301 of Title 20 and Tables.

AMENDMENTS

1994—Pub. L. 103–382 substituted ‘‘title IX of the Elementary and Secondary Education Act of 1965’’ for

‘‘title IV of the Act of June 23, 1972 (86 Stat. 235)’’.

PART D—TRIBAL SELF-GOVERNANCE

§ 458aa. Establishment

The Secretary of the Interior (hereinafter in

this part referred to as the ‘‘Secretary’’) shall

establish and carry out a program within the

Department of the Interior to be known as Tribal Self-Governance (hereinafter in this part referred to as ‘‘Self-Governance’’) in accordance

with this part.

(Pub. L. 93–638, title IV, §401, as added Pub. L.

103–413, title II, §204, Oct. 25, 1994, 108 Stat. 4271.)

SHORT TITLE

For short title of title II of Pub. L. 103–413, which enacted this part, as the ‘‘Tribal Self-Governance Act of

1994’’, see section 201 of Pub. L. 103–413, set out as a

Short Title of 1994 Amendment note under section 450

of this title.

CONGRESSIONAL STATEMENT OF FINDINGS

Section 202 of Pub. L. 103–413 provided that: ‘‘Congress finds that—

‘‘(1) the tribal right of self-government flows from

the inherent sovereignty of Indian tribes and nations;

‘‘(2) the United States recognizes a special government-to-government relationship with Indian tribes,

including the right of the tribes to self-governance,

as reflected in the Constitution, treaties, Federal

statutes, and the course of dealings of the United

States with Indian tribes;

‘‘(3) although progress has been made, the Federal

bureaucracy, with its centralized rules and regulations, has eroded tribal self-governance and dominates tribal affairs;

‘‘(4) the Tribal Self-Governance Demonstration

Project [see title III of Pub. L. 93–638, set out as a

note under 25 U.S.C. 450f] was designed to improve

and perpetuate the government-to-government relationship between Indian tribes and the United States

and to strengthen tribal control over Federal funding

and program management; and

‘‘(5) Congress has reviewed the results of the Tribal

Self-Governance Demonstration Project and finds

that—

‘‘(A) transferring control to tribal governments,

upon tribal request, over funding and decisionmaking for Federal programs, services, functions,

and activities, or portions thereof, is an effective

way to implement the Federal policy of government-to-government relations with Indian tribes;

and

‘‘(B) transferring control to tribal governments,

upon tribal request, over funding and decisionmaking for Federal programs, services, functions,

and activities strengthens the Federal policy of Indian self-determination.’’

CONGRESSIONAL DECLARATION OF POLICY

Section 203 of title II of Pub. L. 103–413 provided that:

‘‘It is the policy of this title [enacting this part] to permanently establish and implement tribal self-governance—

‘‘(1) to enable the United States to maintain and

improve its unique and continuing relationship with,

and responsibility to, Indian tribes;

‘‘(2) to permit each Indian tribe to choose the extent of the participation of such tribe in self-governance;

‘‘(3) to coexist with the provisions of the Indian

Self-Determination Act [title I of Pub. L. 93–638, see

Short Title note set out under section 450 of this

title] relating to the provision of Indian services by

designated Federal agencies;

‘‘(4) to ensure the continuation of the trust responsibility of the United States to Indian tribes and Indian individuals;

‘‘(5) to permit an orderly transition from Federal

domination of programs and services to provide Indian tribes with meaningful authority to plan, conduct, redesign, and administer programs, services,

functions, and activities that meet the needs of the

individual tribal communities; and

‘‘(6) to provide for an orderly transition through a

planned and measurable parallel reduction in the

Federal bureaucracy.’’

§ 458bb. Selection of participating Indian tribes

(a) Continuing participation

Each Indian tribe that is participating in the

Tribal Self-Governance Demonstration Project

at the Department of the Interior under title

III 1 on October 25, 1994, shall thereafter participate in Self-Governance under this part and

cease participation in the Tribal Self-Governance Demonstration Project under title III 1

with respect to the Department of the Interior.

(b) Additional participants

(1) In addition to those Indian tribes participating in self-governance under subsection (a) of

this section, the Secretary, acting through the

Director of the Office of Self-Governance, may

select up to 50 new tribes per year from the applicant pool described in subsection (c) of this

section to participate in self-governance.

(2) If each tribe requests, two or more otherwise eligible Indian tribes may be treated as a

single Indian tribe for the purpose of participating in Self-Governance as a consortium.

(c) Applicant pool

The qualified applicant pool for Self-Governance shall consist of each tribe that—

(1) successfully completes the planning

phase described in subsection (d) of this section;

(2) has requested participation in Self-Governance by resolution or other official action

by the tribal governing body; and