
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC458aa]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER II--INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
 
       Part D--Tribal Self-Governance--Department of the Interior
 
Sec. 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, Sec. 401, as added Pub. L. 103-413, title II, 
Sec. 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 
    [established by title III of Pub. L. 93-638, formerly 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.''
