§ 452 TITLE 25—INDIANS Page 174

the Indian Self-Determination and Education Assistance Act which comprises this subchapter.

AMENDMENTS

1968—Pub. L. 90–333 expanded area of permissible uses

to which Secretary may put donated property by substituting provisions allowing inclusion of programs

otherwise authorized by law intended to benefit Indians

for provisions limiting permissible uses to programs

otherwise authorized by law only if it could be shown

that property would benefit a particular Indian institution or individual, and inserted provisions for an annual report to Congress on donations received and allocations made from such donations.

CROSS REFERENCES

Deposit of funds received in Treasury as trust funds,

see section 1321 of Title 31, Money and Finance.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 2124c.

§ 452. Contracts for education, medical attention,

relief and social welfare of Indians

The Secretary of the Interior is authorized, in

his discretion, to enter into a contract or contracts with any State or Territory, or political

subdivision thereof, or with any State university, college, or school, or with any appropriate

State or private corporation, agency, or institution, for the education, medical attention, agricultural assistance, and social welfare, including

relief of distress, of Indians in such State or Territory, through the agencies of the State or Territory or of the corporations and organizations

hereinbefore named, and to expend under such

contract or contracts, moneys appropriated by

Congress for the education, medical attention,

agricultural assistance, and social welfare, including relief of distress, of Indians in such

State or Territory.

(Apr. 16, 1934, ch. 147, §1, 48 Stat. 596; June 4,

1936, ch. 490, §1, 49 Stat. 1458.)

AMENDMENTS

1936—Act June 4, 1936, substituted ‘‘with any State or

Territory, or political subdivision thereof, or with any

State university, college, or school, or with any appropriate State or private corporation, agency, or institution’’, ‘‘through the agencies of the State or Territory

or of the corporations and organizations hereinbefore

named,’’, and ‘‘such State or Territory’’ for ‘‘any State

or Territory having legal authority so to do,’’,

‘‘through the qualified agencies of such State or Territory,’’, and ‘‘such State’’, respectively.

SHORT TITLE

Act April 16, 1934, ch. 147, 48 Stat. 596, which enacted

sections 452 to 457 of this title, is popularly known as

the ‘‘Johnson-O’Malley Act’’.

DISTRIBUTION OF PUBLIC SCHOOL ASSISTANCE

Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1795,

provided that: ‘‘notwithstanding any other provision of

law, the amounts available for assistance to public

schools under the Act of April 16, 1934 (48 Stat. 596), as

amended (25 U.S.C. 452 et seq.), shall be distributed on

the basis of the formula recommended by the Assistant

Secretary of Indian Affairs in a letter to the Committees on Appropriations dated June 27, 1988, except that

for the fiscal year ending September 30, 1989, the minimum weight factor shall be 1.1 rather than 1.3 and for

the fiscal year ending September 30, 1990, the minimum

weight factor shall be 1.2 rather than 1.3’’.

Similar provisions were contained in the following

prior appropriation act:

Pub. L. 100–202, §101(g) [title I], Dec. 22, 1987, 101 Stat.

1329–213, 1329–228.

LIMITATION ON CONTRACT AUTHORITY

Pub. L. 99–190, §101(d) [title I], Dec. 19, 1985, 99 Stat.

1224, 1235, provided that: ‘‘notwithstanding any law or

regulation, in allocating funds for aid to public schools

under the Act of April 16, 1934, as amended [sections 452

to 457 of this title], the Secretary shall enter into contracts only for the provision of supplementary educational services for Indian children’’.

ACT REFERRED TO IN OTHER SECTIONS

The Johnson-O’Malley Act is referred to in sections

13–1, 13e, 292b, 304a, 450d, 450e, 450f, 458d, 458cc, 2010, 2432

of this title; title 20 sections 2313, 2471, 7816; title 43 section 1620.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 453, 454, 456 of

this title.

§ 453. Use of Government property by States and

Territories

The Secretary of the Interior, in making any

contract authorized by sections 452 to 457 of this

title, may permit such contracting party to utilize, for the purposes of said sections, existing

school buildings, hospitals, and other facilities,

and all equipment therein or appertaining thereto, including livestock and other personal property owned by the Government, under such

terms and conditions as may be agreed upon for

their use and maintenance.

(Apr. 16, 1934, ch. 147, §2, 48 Stat. 596; June 4,

1936, ch. 490, §2, 49 Stat. 1459.)

AMENDMENTS

1936—Act June 4, 1936, substituted ‘‘, may permit

such contracting party’’ for ‘‘with any State or Territory, may permit such State or Territory’’.

§ 454. Rules and regulations; minimum standards

of service

The Secretary of the Interior is authorized to

perform any and all acts and to make such rules

and regulations, including minimum standards

of service, as may be necessary and proper for

the purpose of carrying the provisions of sections 452 to 457 of this title into effect: Provided,

That such minimum standards of service are not

less than the highest maintained by the States

or Territories within which said contract or contracts, as herein provided, are to be effective.

(Apr. 16, 1934, ch. 147, §3, 48 Stat. 596; June 4,

1936, ch. 490, §3, 49 Stat. 1459.)

AMENDMENTS

1936—Act June 4, 1936, substituted ‘‘within which’’ for

‘‘with which’’.

§ 455. Contracts for education in public schools;

submission of education plan by contractor

as prerequisite; criteria for approval of plan

by Secretary of the Interior; participation by

non-Indian students

The Secretary of the Interior shall not enter

into any contract for the education of Indians

unless the prospective contractor has submitted

to, and has had approved by the Secretary of the

Interior, an education plan, which plan, in the