§ 1000.15. What is the congressional policy statement of this part?
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/us/cfr/t25/s§ 1000.15·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Congressional findings. In the Act, the Congress found that:
(1)The Tribal right of self-governance 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 had been made, the Federal bureaucracy has discouraged, to some degree, the further compacting of Indian programs or hindered negotiations between the Department and Tribes for renewing self-governance compacts and funding agreements;
(4)Tribal Self-Governance 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 further finds that:
(i)Transferring control over funding and decision making to Tribal governments, upon Tribal request, for Federal programs is an effective way to implement the Federal policy of government-to-government relations with Indian Tribes; and
(ii)Transferring control over funding and decision making to Tribal governments, upon request, for Federal programs strengthens the Federal policy of Indian self-determination.
(b)Congressional declaration of policy. It is the policy of the Act to permanently establish and implement 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 Tribe to choose the extent of its participation in self-governance;
(3)To coexist with the provisions of the Indian Self-Determination and Education Assistance Act 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 PSFAs 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.
(c)PROGRESS Act policy. As reflected in H. Rept. 116-422 and S. Rept. 116-34, it is the policy of the PROGRESS for Indian Tribes Act, Public Law 116-180:
(1)To clarify and streamline the Department's process for approving self-governance compacts and funding agreements;
(2)To create similarities and administrative efficiencies between title IV and title V of Public Law 93-638, as amended; and
(3)To minimize delays to self-governance compacting or funding.
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§ 1000.15
What is the congressional policy statement of this part?
Fed. Reg.×1
Pub. L.Pub. L. 93-638
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