IG10057 — Tribal Self-Determination Authorities

/ 1 DOI, "Indian Entities Recognized by and Eligible to Receive Services from the United States Bureau of Indian Affairs," 89 Federal Register 944, January 8, 2024; 2 P.L. 93-638, §3; 3 P.L. 103-413, 4 Native American Housing Assistance and Self-Determination Act of 1996 (P.L. 104-330) Information as of July 1, 2024. Prepared by Mariel J. Murray, Specialist in Natural Resources Policy, and Jamie Bush, Visual Information Specialist. Tribal Self-Determination Authorities Congress uses its broad authority over tribal issues to consider legislation with provisions specific to federally recognized Tribes (“Tribes”) 1 In 1975, Congress enacted the Indian Self-Determination and Education Assistance Act (ISDEAA; P.L. 93-638), which outlined federal policy on tribal self-determination. ISDEAA provided for the “effective and meaningful participation by the Indian people in the planning, conduct, and administration” of certain federal programs and services through self-determination (“638”) contracts.2 Congress has amended ISDEAA several times, in part to provide increasing flexibility. For example, Congress authorized self-governance compacts, which allow Tribes and tribal organizations operating federal programs to reorganize activities and reallocate funding without federal approval.3 Subsequent laws have expanded the use of ISDEAA contracts and compacts to other federal departments.4 In some federal departments, certain programs may use these authorities whereas others may not. Therefore, tribal self-determination or self-governance may occur on a per program or per activity basis. ISDEAA related authorities, as amended Timeline of Selected Tribal Self-Determination Authorities Tribal Self-Determination Authorities Across the Federal Government *Agriculture, Commerce, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, the Interior, Justice, Labor, Transportation, Veterans Affairs Indian Self-Determination and Education Assistance Act (ISDEAA; P.L. 93-638) U.S. Department of Health and Human Services U.S. Department of the Interior Indian Health Service All Bureaus Programs, functions, services, or activities (PFSAs) that otherwise would be provided to Tribes or tribal members, or operate for their benefit PFSAs with special geographic, historical, or cultural significance AUTHORITY DEPARTMENT AGENCY OR BUREAU PROGRAMS OR ACTIVITIES Agriculture Improvement Act of 2018 (2018 farm bill; P.L. 115-334) Fixing America’s Surface Transportation Act (FAST Act; P.L. 114-94) Indian Employment, Training and Related Services Demonstration Act (P.L. 102-477) U.S. Department of Agriculture U.S. Department of the Interior U.S. Department of Transportation Food and Nutrition Service U.S. Forest Service Bureau of Land Management All agencies Food Distribution Program on Indian Reservations (to purchase agricultural commodities) Specified forest protection projects All programs eligible for integration in a plan authorized by law. All programs Agencies as applicable Tribally Controlled Schools Act of 1988 (TCSA; Title V of P.L. 100-297) U.S. Department of the Interior Bureau of Indian Education (BIE) BIE-funded elementary and secondary schools U.S. Departments of * Indian Self-Determination and Education Assistance Act (ISDEAA; P.L. 93-638) ISDEAA Amendments of 1988 (P.L. 100-472) Indian Health Amendments of 1992 (P.L. 102-573) Indian Employment, Training and Related Services Demonstration Act (P.L. 102-477) 1975 1988 1992 Tribally Controlled Schools Act of 1988 (TCSA; Title V of P.L. 100-297) Tribal Self-Governance Act of 1994 (Title II of P.L. 103-413, ISDEAA amendment) Fixing America’s Surface Transportation Act (FAST Act; P.L. 114-94) Agriculture Improvement Act of 2018 (2018 farm bill; P.L. 115-334) PROGRESS for Indian Tribes Act (P.L. 116-180, ISDEAA amendment) Tribal Self-Governance Act of 1994 (Title II of P.L. 103-413, ISDEAA amendment) 2015 2018 2020 1994 Indian Employment, Training, and Related Services Demonstration Act Amendments of 2000 (P.L. 106-568) 2002 No Child Left Behind Act of 2001 (P.L. 107–110, TCSA amendment) 2003 Consolidated Appropriations Resolution, 2003 (P.L. 108-7, TCSA amendment) 2000 Department of the Interior and Related Agencies Appropriations Act, 2004 (P.L. 108–108, TCSA amendment) 2017 Indian Employment, Training and Related Services Demonstration Act of 2017 (P.L. 115-93)

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