---
kind: "section"
citation: "25 U.S.C. § 5365"
title: "25"
title_heading: "Indians"
number: "5365"
heading: "General provisions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/5365"
units:
  - "Chapter 46 — Indian Self-Determination and Education Assistance"
  - "Subchapter IV — Tribal Self-Governance—department of the Interior"
---

# §5365. General provisions

- (a) **Applicability—** An [Indian Tribe](/usc/25/5381.md?p=b) and the [Secretary](/usc/25/5361.md?p=9) shall include in any [compact](/usc/25/5361.md?p=1) or [funding agreement](/usc/25/5361.md?p=4) provisions that reflect the requirements of this subchapter.
- (b) **Conflicts of interest—** An [Indian Tribe](/usc/25/5381.md?p=b) participating in [self-governance](/usc/25/5361.md?p=11) shall ensure that internal measures are in place to address, pursuant to Tribal law and procedures, conflicts of interest in the administration of [programs](/usc/25/5361.md?p=8).
- (c) **Audits—**
  - (1) **Single Agency Audit Act—** [Chapter 75](/usc/31/chstV/ch75.md) of title 31 shall apply to a [funding agreement](/usc/25/5361.md?p=4) under this subchapter.
  - (2) **Cost principles—** An [Indian Tribe](/usc/25/5381.md?p=b) shall apply cost principles under the applicable Office of Management and Budget circular, except as modified by—
    - (A) any provision of law, including [section 5325 of this title](/usc/25/5325.md); or
    - (B) any exemptions to applicable Office of Management and Budget circulars subsequently granted by the Office of Management and Budget.
  - (3) **Federal claims—** Any claim by the Federal Government against an [Indian Tribe](/usc/25/5381.md?p=b) relating to funds received under a [funding agreement](/usc/25/5361.md?p=4) based on any audit under this subsection shall be subject to [section 5325(f) of this title](/usc/25/5325.md?p=f).
- (d) **Redesign and consolidation—** Except as provided in [section 5367 of this title](/usc/25/5367.md), an [Indian Tribe](/usc/25/5381.md?p=b) may redesign or consolidate [programs](/usc/25/5361.md?p=8), or reallocate funds for [programs](/usc/25/5361.md?p=8), in a [compact](/usc/25/5361.md?p=1) or [funding agreement](/usc/25/5361.md?p=4) in any manner that the [Indian Tribe](/usc/25/5381.md?p=b) determines to be in the best interest of the [Indian](/usc/25/5304.md?p=d) community being served—
  - (1) so long as the redesign or consolidation does not have the effect of denying eligibility for services to population groups otherwise eligible to be served under applicable Federal law; and
  - (2) except that, with respect to the reallocation, consolidation, and redesign of [programs](/usc/25/5361.md?p=8) described in subsection (b)(2) or (c) of [section 5363 of this title](/usc/25/5363.md), a joint agreement between the [Secretary](/usc/25/5361.md?p=9) and the [Indian Tribe](/usc/25/5381.md?p=b) shall be required.
- (e) **Retrocession—**
  - (1) **In general—** An [Indian Tribe](/usc/25/5381.md?p=b) may fully or partially retrocede to the [Secretary](/usc/25/5361.md?p=9) any [program](/usc/25/5361.md?p=8) under a [compact](/usc/25/5361.md?p=1) or [funding agreement](/usc/25/5361.md?p=4).
  - (2) **Effective date—**
    - (A) **Agreement—** Unless an [Indian Tribe](/usc/25/5381.md?p=b) rescinds a request for retrocession under [paragraph (1)](#e-1), the retrocession shall become effective on the date specified by the parties in the [compact](/usc/25/5361.md?p=1) or [funding agreement](/usc/25/5361.md?p=4).
    - (B) **No agreement—** In the absence of a specification of an effective date in the [compact](/usc/25/5361.md?p=1) or [funding agreement](/usc/25/5361.md?p=4), the retrocession shall become effective on—
      - (i) the earlier of—
        - (I) 1 year after the date on which the request is submitted; and
        - (II) the date on which the [funding agreement](/usc/25/5361.md?p=4) expires; or
      - (ii) such date as may be mutually agreed upon by the [Secretary](/usc/25/5361.md?p=9) and the [Indian Tribe](/usc/25/5381.md?p=b).
- (f) **Nonduplication—** A [funding agreement](/usc/25/5361.md?p=4) shall provide that, for the period for which, and to the extent to which, funding is provided to an [Indian Tribe](/usc/25/5381.md?p=b) under this subchapter, the [Indian Tribe](/usc/25/5381.md?p=b)—
  - (1) shall not be entitled to contract with the [Secretary](/usc/25/5361.md?p=9) for funds under [section 5321 of this title](/usc/25/5321.md), except that the [Indian Tribe](/usc/25/5381.md?p=b) shall be eligible for new [programs](/usc/25/5361.md?p=8) on the same basis as other [Indian Tribes](/usc/25/5381.md?p=b); and
  - (2) shall be responsible for the administration of [programs](/usc/25/5361.md?p=8) in accordance with the [compact](/usc/25/5361.md?p=1) or [funding agreement](/usc/25/5361.md?p=4).
- (g) **Records—**
  - (1) **In general—** Unless an [Indian Tribe](/usc/25/5381.md?p=b) specifies otherwise in the [compact](/usc/25/5361.md?p=1) or [funding agreement](/usc/25/5361.md?p=4), records of an [Indian Tribe](/usc/25/5381.md?p=b) shall not be considered to be Federal records for purposes of chapter 5 of title 5.
  - (2) **Recordkeeping system—** An [Indian Tribe](/usc/25/5381.md?p=b) shall—
    - (A) maintain a recordkeeping system; and
    - (B) on a notice period of not less than 30 days, provide the [Secretary](/usc/25/5361.md?p=9) with reasonable access to the records to enable the [Department](/usc/25/5361.md?p=3) to meet the requirements of sections 3101 through 3106 of title 44.

## Source credit

(Pub. L. 93–638, title IV, § 405, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 865.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 5365, Pub. L. 93–638, title IV, § 405, as added Pub. L. 103–413, title II, § 204, Oct. 25, 1994, 108 Stat. 4276, related to reports, prior to repeal by Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 864. See section 5372 of this title. Such section was formerly classified to section 458ee of this title prior to editorial reclassification and renumbering as section 5365.