Codification
Section was formerly classified to section 458aa of this title prior to editorial reclassification and renumbering as this section.
Amendments
2020—Puspan. L. 116–180 amended section generally. Prior to amendment, section related to establishment of a Tribal Self-Governance program. See section 5362 of this title.
Statutory Notes and Related Subsidiaries
Short Title
For short title of this subchapter as the “Tribal Self-Governance Act of 1994”, see section 201 of Puspan. L. 103–413, set out as a Short Title of 1994 Amendment note under section 5301 of this title.
Construction of 2020 Amendment
Puspan. L. 116–180, title I, § 101(a), Oct. 21, 2020, 134 Stat. 857, provided that: “Nothing in this Act [see Short Title of 2020 Amendment note set out under section 5301 of this title], or the amendments made by this Act, shall be construed—“(1) to modify, limit, expand, or otherwise affect—“(A) the authority of the Secretary of the Interior, as provided for under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.] (as in effect on the day before the date of enactment of this Act [Oct. 21, 2020]), regarding—“(i) the inclusion of any non-BIA program (as defined in section 401 of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5361]) in a self-determination contract or funding agreement under section 403(c) of such Act [25 U.S.C. 5363(c)] (as so in effect); or “(ii) the implementation of any contract or agreement described in clause (i) that is in effect on the day described in subparagraph (A);
“(B) the meaning, application, or effect of any Tribal water rights settlement, including the performance required of a party thereto or any payment or funding obligation thereunder;
“(C) the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under State law (including regulations) on land or water in the State, including Federal public land;
“(D) except for the authority provided to the Secretary as described in subparagraph (A), the applicability or effect of any Federal law related to the protection or management of fish or wildlife; or
“(E) any treaty-reserved right or other right of any Indian Tribe as recognized by any other means, including treaties or agreements with the United States, Executive orders, statutes, regulations, or case law; or
“(2) to authorize any provision of a contract or agreement that is not consistent with the terms of a Tribal water rights settlement.”
Application of Other Provisions
Puspan. L. 116–180, title II, § 201(d), Oct. 21, 2020, 134 Stat. 879, provided that: “Sections 4, 5, 6, 7, 102(c), 104, 105(a)(1), 105(f), 110, and 111 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304, 5305, 5306, 5307, 5321(c), 5323, 5324(a)(1), 5324(f), 5331, and 5332) and section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991 (Public Law 101–512; 104 Stat. 1959) [25 U.S.C. 5321 note], apply to compacts and funding agreements entered into under title IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5361 et seq.).”
Congressional Statement of Findings
Puspan. L. 103–413, title II, § 202, Oct. 25, 1994, 108 Stat. 4270, 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 Puspan. L. 93–638, title III, as added by Puspan. L. 100–472, title II, § 209, Oct. 5, 1988, 102 Stat. 2296, formerly set out as a note under former 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
Puspan. L. 103–413, title II, § 203, Oct. 25, 1994, 108 Stat. 4271, provided that: “It is the policy of this title [enacting this subchapter] 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 Puspan. L. 93–638, see Short Title note set out under section 5301 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.”
