--- kind: "section" citation: "25 U.S.C. § 5372" title: "25" title_heading: "Indians" number: "5372" heading: "Reports" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/25/5372" units: - "Chapter 46 — Indian Self-Determination and Education Assistance" - "Subchapter IV — Tribal Self-Governance—department of the Interior" --- # §5372. Reports - (a) **In general—** - (1) **Requirement—** On January 1 of each year, the [Secretary](/usc/25/5361.md?p=9) shall submit to Congress a report regarding the administration of this subchapter. - (2) **Analysis—** Any [Indian Tribe](/usc/25/5381.md?p=b) may submit to the Office of [Self-Governance](/usc/25/5361.md?p=11) and to the appropriate committees of Congress a detailed annual analysis of unmet Tribal needs for [funding agreements](/usc/25/5361.md?p=4) under this subchapter. - (b) **Contents—** The report under [subsection (a)(1)](#a-1) shall— - (1) be compiled from information contained in [funding agreements](/usc/25/5361.md?p=4), annual audit reports, and data of the [Secretary](/usc/25/5361.md?p=9) regarding the disposition of Federal funds; - (2) identify— - (A) the relative costs and benefits of [self-governance](/usc/25/5361.md?p=11); - (B) with particularity, all funds that are specifically or functionally related to the provision by the [Secretary](/usc/25/5361.md?p=9) of services and benefits to [self-governance](/usc/25/5361.md?p=11) [Indian Tribes](/usc/25/5381.md?p=b) and members of [Indian Tribes](/usc/25/5381.md?p=b); - (C) the funds transferred to each [Indian Tribe](/usc/25/5381.md?p=b) and the corresponding reduction in the Federal employees and workload; and - (D) the funding formula for individual [Tribal shares](/usc/25/5361.md?p=12) of all Central Office funds, together with the comments of affected [Indian Tribes](/usc/25/5381.md?p=b), developed under [subsection (d)](#d); - (3) before being submitted to Congress, be distributed to the [Indian Tribes](/usc/25/5381.md?p=b) for comment (with a comment period of not less than 30 days); - (4) include the separate views and comments of each [Indian Tribe](/usc/25/5381.md?p=b) or Tribal organization; and - (5) include a [list](/usc/25/5130.md?p=3) of— - (A) all such [programs](/usc/25/5361.md?p=8) that the [Secretary](/usc/25/5361.md?p=9) determines, in consultation with [Indian Tribes](/usc/25/5381.md?p=b) participating in [self-governance](/usc/25/5361.md?p=11), are eligible for negotiation to be included in a [funding agreement](/usc/25/5361.md?p=4) at the request of a participating [Indian Tribe](/usc/25/5381.md?p=b); and - (B) all such [programs](/usc/25/5361.md?p=8) which [Indian Tribes](/usc/25/5381.md?p=b) have formally requested to include in a [funding agreement](/usc/25/5361.md?p=4) under [section 5363(c) of this title](/usc/25/5363.md?p=c) due to the special geographic, historical, or cultural significance of the [program](/usc/25/5361.md?p=8) to the [Indian Tribe](/usc/25/5381.md?p=b), indicating whether each request was granted or denied, and stating the grounds for any denial. - (c) **Report on non-BIA programs—** - (1) **In general—** In order to optimize opportunities for including [non-BIA programs](/usc/25/5361.md?p=7) in agreements with [Indian Tribes](/usc/25/5381.md?p=b) participating in [self-governance](/usc/25/5361.md?p=11) under this subchapter, the [Secretary](/usc/25/5361.md?p=9) shall review all [programs](/usc/25/5361.md?p=8) administered by the [Department](/usc/25/5361.md?p=3), other than through the Bureau of [Indian](/usc/25/5304.md?p=d) Affairs, the Office of the Assistant [Secretary](/usc/25/5361.md?p=9) for [Indian](/usc/25/5304.md?p=d) Affairs, or the Office of the Special Trustee for American [Indians](/usc/25/5304.md?p=d), without regard to the agency or office concerned. - (2) **Programmatic targets—** The [Secretary](/usc/25/5361.md?p=9) shall establish programmatic targets, after consultation with [Indian Tribes](/usc/25/5381.md?p=b) participating in [self-governance](/usc/25/5361.md?p=11), to encourage bureaus of the [Department](/usc/25/5361.md?p=3) to ensure that an appropriate portion of those [programs](/usc/25/5361.md?p=8) are available to be included in [funding agreements](/usc/25/5361.md?p=4). - (3) **Publication—** The [lists](/usc/25/5130.md?p=3) under [subsection (b)(5)](#b-5) and targets under [paragraph (2)](#c-2) shall be published in the Federal Register and made available to any [Indian Tribe](/usc/25/5381.md?p=b) participating in [self-governance](/usc/25/5361.md?p=11). - (4) **Annual review—** - (A) **In general—** The [Secretary](/usc/25/5361.md?p=9) shall annually review and publish in the Federal Register, after consultation with [Indian Tribes](/usc/25/5381.md?p=b) participating in [self-governance](/usc/25/5361.md?p=11), revised [lists](/usc/25/5130.md?p=3) and programmatic targets. - (B) **Contents—** In preparing the revised [lists](/usc/25/5130.md?p=3) and programmatic targets, the [Secretary](/usc/25/5361.md?p=9) shall consider all [programs](/usc/25/5361.md?p=8) that were eligible for contracting in the original [list](/usc/25/5130.md?p=3) published in the Federal Register in 1995, except for [programs](/usc/25/5361.md?p=8) specifically determined not to be contractible as a matter of law. - (d) **Report on Central Office funds—** Not later than January 1, 2020, the [Secretary](/usc/25/5361.md?p=9) shall, in consultation with [Indian Tribes](/usc/25/5381.md?p=b), develop a funding formula to determine the individual [Tribal share](/usc/25/5361.md?p=12) of funds controlled by the Central Office of the Bureau of [Indian](/usc/25/5304.md?p=d) Affairs and the Office of the Special Trustee for inclusion in the [compacts](/usc/25/5361.md?p=1). ## Source credit (Pub. L. 93–638, title IV, § 412, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 876.) ## Notes ### Editorial Notes ### Prior Provisions Provisions similar to those in this section were contained in section 5365 of this title prior to repeal by Pub. L. 116–180.