Native American Affairs

Tribal Self-Determination, Self-Governance

In 1975, Congress enacted P.L. 93-638 0f 1975, as amended – the Indian Self-Determination and Education Assistance Act (Act) (25 U.S.C. 450 et seq.). The Act establishes a contracting framework with Federally recognized Indian tribes that assures maximum, effective, and meaningful tribal participation in the direction, planning, conduct, and administration of contractible programs, functions, services and activities (PFSAs) within the Department of the Interior which serve tribal communities and members.

Title I of the Act directs the Secretary of the Interior to contract with tribes, at their request, for PFSAs which serve their members. PFSAs can be both construction and non-construction. The Secretary has delegated the responsibility to enter into contracts for Reclamation PFSAs to the Commissioner. Implementing regulations for contracting under Title I are found at 25 CFR Part 900. Subject to the availability of appropriations, Reclamation must, at the request of the benefiting tribe(s), enter into Title I contract negotiations for any authorized and funded PFSA which is “for the benefit of Indians because of their status as Indians.”

Title IV of the Act directs the Secretary of the Interior to establish and carry out a program within the Department of the Interior known as Tribal Self-Governance. The primary purpose of Title IV is to reduce Federal bureaucracy and promote tribal self-governance. Participating Tribes choose the extent of their participation in self-governance by providing them with meaningful authority to plan, conduct, redesign, and administer PFSAs that meet the needs of their communities. The implementing regulations for Title IV are found at 25 CFR Part 1000.

DELEGATIONS OF AUTHORITY, TITLE I AND TITLE IV OF P.L. 93-638

INDIAN SELF-DETERMINATION ACT – TITLE I

Template for 638 Construction Contracts
Template for 638 Non-construction Contracts
• List of Federally Recognized Tribes
• Title I, P.L. 93-638 – 25 U.S.C. 450 et seq.
• Title I Codified Regulations – 25 CFR Part 900

TRIBAL SELF-GOVERNANCE – TITLE IV

• Samples of Annual Funding Agreements 
Title IV, P.L. 93-638 – 25 U.S.C. 450 et seq
• Title IV Codified Regulations – 25 CFR Part 1000
• Office of Self-Governance 
• Listing of Self-Governance Tribes

 

Last Updated: 1/7/16