Page 181 TITLE 25—INDIANS § 458ee

a program to be included in a compact under

subsection (b)(2) of this section.

(l) Incorporate self-determination provisions

At the option of a participating tribe or tribes,

any or all provisions of part A of this subchapter

shall be made part of an agreement entered into

under title III of this Act or this part. The Secretary is obligated to include such provisions at

the option of the participating tribe or tribes. If

such provision is incorporated it shall have the

same force and effect as if set out in full in title

III or this part.

(Pub. L. 93–638, title IV, §403, as added Pub. L.

103–413, title II, §204, Oct. 25, 1994, 108 Stat. 4272;

amended Pub. L. 104–109, §19, Feb. 12, 1996, 110

Stat. 766.)

REFERENCES IN TEXT

Act of April 16, 1934, referred to in subsec. (b)(1)(A), is

act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson-O’Malley Act, which is

classified generally to section 452 et seq. of this title.

For complete classification of this Act to the Code, see

Short Title note set out under section 452 of this title

and Tables.

The Tribally Controlled Community College Assistance Act of 1978, referred to in subsec. (b)(4)(A), is Pub.

L. 95–471, Oct. 17, 1978, 92 Stat. 1325, as amended, which

is classified principally to chapter 20 (§1801 et seq.) of

this title. For complete classification of this Act to the

Code, see Short Title note set out under section 1801 of

this title and Tables.

The Office of Federal Procurement Policy Act, referred to in subsec. (e)(1), is Pub. L. 93–400, Aug. 30, 1974,

88 Stat. 796, as amended, which is classified principally

to chapter 7 (§401 et seq.) of Title 41, Public Contracts.

For complete classification of this Act to the Code, see

Short Title note set out under section 401 of Title 41

and Tables.

This subchapter, referred to in subsecs. (e)(1), (g)(3),

and (j), was in the original ‘‘this Act’’, meaning Pub. L.

93–638, Jan. 4, 1975, 88 Stat. 2203, as amended, known as

the Indian Self-Determination and Education Assistance Act, which is classified principally to this subchapter (§450 et seq.). For complete classification of

this Act to the Code, see Short Title note set out under

section 450 of this title and Tables.

Title III of this Act, referred to in subsecs. (g)(2) and

(l), is title III of Pub. L. 93–638, as added by Pub. L.

100–472, title II, §209, Oct. 5, 1988, 102 Stat. 2296, which

is set out as a note under section 450f of this title.

Part A of this subchapter, referred to in subsec. (l),

was in the original ‘‘title I of this Act’’, meaning title

I of Pub. L. 93–638, known as the Indian Self-Determination Act, which is classified principally to part A (§450f

et seq.) of this subchapter. For complete classification

of title I to the Code, see Short Title note set out under

section 450 of this title and Tables.

AMENDMENTS

1996—Subsec. (l). Pub. L. 104–109 added subsec. (l).

CHANGE OF NAME

Committee on Natural Resources of House of Representatives treated as referring to Committee on Resources of House of Representatives by section 1(a) of

Pub. L. 104–14, set out as a note preceding section 21 of

Title 2, The Congress.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 458ee of this

title.

§ 458dd. Budget request

The Secretary shall identify, in the annual

budget request of the President to the Congress

under section 1105 of title 31 any funds proposed

to be included in agreements authorized under

this part.

(Pub. L. 93–638, title IV, §404, as added Pub. L.

103–413, title II, §204, Oct. 25, 1994, 108 Stat. 4275.)

§ 458ee. Reports

(a) Requirement

The Secretary shall submit to Congress a written report on January 1 of each year following

October 25, 1994, regarding the administration of

this part.

(b) Contents

The report shall—

(1) identify the relative costs and benefits of

Self-Governance;

(2) identify, with particularity, all funds

that are specifically or functionally related to

the provision by the Secretary of services and

benefits to Self-Governance tribes and their

members;

(3) identify the funds transferred to each

Self-Governance tribe and the corresponding

reduction in the Federal bureaucracy;

(4) include the separate views of the tribes;

and

(5) include the funding formula for individual tribal shares of Central Office funds, together with the comments of affected Indian

tribes, developed under subsection (d) of this

section.

(c) Report on non-BIA programs

(1) In order to optimize opportunities for including non-Bureau of Indian Affairs programs,

services, functions, and activities, or portions

thereof, in agreements with tribes participating

in Self-Governance under this part, the Secretary shall—

(A) review all programs, services, functions,

and activities, or portions thereof, administered by the Department of the Interior, other

than through the Bureau of Indian Affairs,

without regard to the agency or office concerned; and

(B) not later than 90 days after October 25,

1994, provide to the appropriate committees of

Congress a listing of all such programs, services, functions, and activities, or portions

thereof, that the Secretary determines, with

the concurrence of tribes participating in SelfGovernance under this part, are eligible for inclusion in such agreements at the request of a

participating Indian tribe.

(2) The Secretary shall establish programmatic targets, after consultation with

tribes participating in Self-Governance under

this part, to encourage bureaus of the Department to assure that a significant portion of such

programs, services, functions, and activities are

actually included in the agreements negotiated

under section 458cc of this title.

(3) The listing and targets under paragraphs

(1) and (2) shall be published in the Federal Register and be made available to any Indian tribe

participating in Self-Governance under this

part. The list shall be published before January

1, 1995, and annually thereafter by January 1

preceding the fiscal year in which the targets

are to be met.