Summary
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)