§ 458ff TITLE 25—INDIANS Page 182

(4) Thereafter, the Secretary shall annually

review and publish in the Federal Register, after

consultation with tribes participating in SelfGovernance under this part, a revised listing and

programmatic targets.

(d) Report on Central Office funds

Within 90 days after October 25, 1994, the Secretary shall, in consultation with Indian tribes,

develop a funding formula to determine the individual tribal share of funds controlled by the

Central Office of the Bureau of Indian Affairs for

inclusion in the Self-Governance compacts. The

Secretary shall include such formula in the annual report submitted to the Congress under

subsection (b) of this section, together with the

views of the affected Indian tribes.

(Pub. L. 93–638, title IV, §405, as added Pub. L.

103–413, title II, §204, Oct. 25, 1994, 108 Stat. 4276.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 458cc of this

title.

§ 458ff. Disclaimers

(a) Other services, contracts, and funds

Nothing in this part shall be construed to

limit or reduce in any way the services, contracts, or funds that any other Indian tribe or

tribal organization is eligible to receive under

section 450f of this title or any other applicable

Federal law.

(b) Federal trust responsibilities

Nothing in this subchapter shall be construed

to diminish the Federal trust responsibility to

Indian tribes, individual Indians, or Indians with

trust allotments.

(c) Application of other sections of subchapter

All provisions of sections 450d, 450f(c), 450i,

450j(f), 450m–1, and 450n of this title shall apply

to agreements provided under this part.

(Pub. L. 93–638, title IV, §406, as added Pub. L.

103–413, title II, §204, Oct. 25, 1994, 108 Stat. 4277.)

§ 458gg. Regulations

(a) In general

Not later than 90 days after October 25, 1994, at

the request of a majority of the Indian tribes

with agreements under this part, the Secretary

shall initiate procedures under subchapter III of

chapter 5 of title 5 to negotiate and promulgate

such regulations as are necessary to carry out

this part.

(b) Committee

A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry

out this section shall have as its members only

Federal and tribal government representatives,

a majority of whom shall be representatives of

Indian tribes with agreements under this part.

(c) Adaptation of procedures

The Secretary shall adapt the negotiated rulemaking procedures to the unique context of

Self-Governance and the government-to-government relationship between the United States

and the Indian tribes.

(d) Effect

The lack of promulgated regulations shall not

limit the effect of this part.

(Pub. L. 93–638, title IV, §407, as added Pub. L.

103–413, title II, §204, Oct. 25, 1994, 108 Stat. 4277.)

§ 458hh. Authorization of appropriations

There are authorized to be appropriated such

sums as may be necessary to carry out this part.

(Pub. L. 93–638, title IV, §408, as added Pub. L.

103–413, title II, §204, Oct. 25, 1994, 108 Stat. 4278.)

[SUBCHAPTER III—RESERVED]

SUBCHAPTER IV—CONVEYANCE OF

SUBMARGINAL LAND

§ 459. Submarginal lands of United States held in

trust for specified Indian tribes

(a) Declaration; addition to reservations

Except as hereinafter provided, all of the

right, title, and interest of the United States of

America in all of the land, and the improvements now thereon, that was acquired under

title II of the National Industrial Recovery Act

of June 16, 1933 (48 Stat. 200), the Emergency Relief Appropriation Act of April 8, 1935 (49 Stat.

115), and section 55 of the Act of August 24, 1935

(49 Stat. 750, 781), and that are now administered

by the Secretary of the Interior for the use or

benefit of the Indian tribes identified in section

459a(a) of this title, together with all minerals

underlying any such land whether acquired pursuant to such Acts or otherwise owned by the

United States, are hereby declared to be held by

the United States in trust for each of said tribes,

and (except in the case of the Cherokee Nation)

shall be a part of the reservations heretofore established for each of said tribes.

(b) Imposition of conditions on conveyed lands;

lands excepted from conveying authority

The property conveyed by this subchapter

shall be subject to the appropriation or disposition of any of the lands, or interests therein,

within the Pine Ridge Indian Reservation, South

Dakota, as authorized by sections 441j to 441o of

title 16, and subject to a reservation in the

United States of a right to prohibit or restrict

improvements or structures on, and to continuously or intermittently inundate or otherwise

use, lands in sections 25 and 26, township 48

north, range 3 west, at Odanah, Wisconsin, in

connection with the Bad River flood control

project as authorized by section 203 of the Act of

July 3, 1958 (72 Stat. 297, 311): Provided, That this

subchapter shall not convey the title to any part

of the lands or any interest therein that prior to

October 17, 1975, have been included in the authorized water resources development projects

in the Missouri River Basin as authorized by

section 203 of the Act of July 3, 1958 (72 Stat. 297,

311), as amended and supplemented: Provided further, That such lands included in Missouri River

Basin projects shall be treated as former trust

lands are treated.

(c) Additional lands held in trust for specified Indian tribes

The right, title, and interest of the United

States of America in all of the lands, including

the improvements now thereon (title to which is

in the United States), acquired under title II of

the National Industrial Recovery Act of June 16,