25 U.S.C. § 5394 — Reports
submitted 26 years ago by Pub. L. 93-638 to r/title-25-INDIANS · 453 words · no verdicts yet
This section requires annual reports about tribal self-governance funding and an initial report about how tribal shares are calculated. Tribes must receive the annual report for comment before Congress receives it.
(a) Annual report. (1) By January 1 each year after August 18, 2000, the Secretary* must send the Senate Committee on Indian Affairs and the House Committee on Resources a written report on administering this subchapter. (2) The report must give a detailed analysis, for each tribe, of needs currently funded or unfunded through direct Secretary programs, self-determination contracts, or this chapter’s compacts and funding agreements. The Secretary may not impose on participating tribes or tribal organizations reporting duties not otherwise provided in this chapter.
(b) Contents. The report must: (1) use information in funding agreements, annual audits, and the Secretary’s data about Federal-fund disposition; (2) identify (A) the relative costs and benefits of self-governance*; (B) all funds specifically or functionally tied to services and benefits the Secretary provides to self-governance tribes and members; (C) funds transferred to each tribe and the related reduction in Federal bureaucracy; (D) the formula for each tribe’s share of headquarters funds, with comments from affected tribes or organizations, developed under subsection (c); and (E) amounts spent in the preceding fiscal year on inherent Federal functions*, identifying those functions by type and location; (3) describe the methods, including revisions, used to determine each tribe’s share of funds controlled by all Indian Health Service components, including funds assessed by another Federal agency, for inclusion in compacts or funding agreements; (4) distribute the report to tribes for comment before sending it to Congress, with at least 30 days to comment; and (5) include tribes’ or tribal organizations’ separate views and comments.
(c) Report on fund distribution method. Within 180 days after August 18, 2000, after consulting tribes, the Secretary must send the House Committee on Resources and Senate Committee on Indian Affairs a written report describing the methods used to determine each tribe’s share of Indian Health Service funds, including funds assessed by another Federal agency, for inclusion in compacts or funding agreements.
Not later than January 1 of each year after August 18, 2000, the Secretary* shall submit to the Committee on Indian Affairs of the Senate and the Committee on Resources of the House of Representatives a written report regarding the administration of this subchapter.
The report under paragraph (1) shall include a detailed analysis of the level of need being presently funded or unfunded for each Indian tribe*, either directly by the Secretary, under self-determination contracts under subchapter I of this chapter, or under compacts and funding agreements authorized under this chapter. In compiling reports pursuant to this section, the Secretary may not impose any reporting requirements on participating Indian tribes or tribal organizations, not otherwise provided in this chapter.
The report under subsection (a) of this section shall—
be compiled from information contained in funding agreements, annual audit reports, and data of the Secretary regarding the disposition of Federal funds; and
identify—
the relative costs and benefits of self-governance*;
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 their members;
the funds transferred to each self-governance Indian tribe and the corresponding reduction in the Federal bureaucracy;
the funding formula for individual tribal shares of all headquarters funds, together with the comments of affected Indian tribes or tribal organizations, developed under subsection (c) of this section; and
amounts expended in the preceding fiscal year to carry out inherent Federal functions*, including an identification of those functions by type and location;
contain a description of the method or methods (or any revisions thereof) 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-governance compacts or funding agreements;
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
include the separate views and comments of the Indian tribes or tribal organizations.
Not later than 180 days after August 18, 2000, the Secretary shall, after consultation with Indian tribes, submit a written report to the Committee on Resources of the House of Representatives 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-governance compacts or funding agreements.
Source credit: (Pub. L. 93–638, title V, § 514, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 728.)
- 2000Enacted · Pub. L. 93-638 · 114 Stat. 728
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-638 on 2000-08-18.
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