dreamproit/uscode huggingface dataset:
25 U.S.C. § 5353 (INDIANS)
§ 5353. Availability of funds to agencies, institutions, and organizations
No funds from any contract or grant pursuant to this subchapter shall be made available by any Federal agency directly to other than public agencies and Indian tribes, institutions, and organizations: Provided, That school districts, State education agencies, and Indian tribes, institutions, and organizations assisted by this subchapter may use funds provided herein to contract for necessary services with any appropriate individual, organization, or corporation.
(Pub. L. 93–638, title II, § 206, Jan. 4, 1975, 88 Stat. 2216.)
heading: Codification
text: Section was formerly classified to section 458b of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5354 (INDIANS)
§ 5354. Rules and regulations
(a) Prerequisites for promulgation
(1) Within six months from January 4, 1975, the Secretary shall, to the extent practicable, consult with national and regional Indian organizations with experiences in Indian education to consider and formulate appropriate rules and regulations to implement the provisions of this subchapter.
(2) Within seven months from January 4, 1975, the Secretary shall present the proposed rules and regulations to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives.
(3) Within eight months from January 4, 1975, the Secretary shall publish proposed rules and regulations in the Federal Register for the purpose of receiving comments from interested parties.
(4) Within ten months from January 4, 1975, the Secretary shall promulgate rules and regulations to implement the provisions of this subchapter.
(b) Revision and amendment
The Secretary is authorized to revise and amend any rules or regulations promulgated pursuant to subsection (a) of this section: Provided, That prior to any revision or amendment to such rules or regulations the Secretary shall, to the extent practicable, consult with appropriate national and regional Indian organizations, and shall publish any proposed revisions in the Federal Register not less than sixty days prior to the effective date of such rules and regulations in order to provide adequate notice to, and receive comments from, other interested parties.
(Pub. L. 93–638, title II, § 207, Jan. 4, 1975, 88 Stat. 2216.)
heading: Codification
text: Section was formerly classified to section 458c of this title prior to editorial reclassification and renumbering as this section.
heading: Change of Name
text: Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution No. 4, Ninety-fifth Congress (popularly cited as the “Committee System Reorganization Amendments of 1977”), approved Feb. 4, 1977. Section 105 of Senate Resolution No. 4 established a temporary Select Committee on Indian Affairs having jurisdiction over matters relating to Indian affairs (such matters previously having been within the jurisdiction of the Committee on Interior and Insular Affairs). Senate Resolution No. 127, June 6, 1984, Ninety-eighth Congress, established the Select Committee on Indian Affairs as a permanent committee of the Senate, and section 25 of Senate Resolution No. 71, Feb. 25, 1993, One Hundred Third Congress, redesignated the Select Committee on Indian Affairs as the Committee on Indian Affairs.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.
25 U.S.C. § 5355 (INDIANS)
§ 5355. Eligibility for funds of tribe or tribal organization controlling or managing private schools
The Secretary is authorized and directed to provide funds, pursuant to this chapter; the the 1 Act of April 16, 1934 (48 Stat. 596), as amended [25 U.S.C. 5342 et seq.]; or any other authority granted to him to any tribe or tribal organization which controls and manages any previously private school.
(Pub. L. 93–638, title II, § 208, Jan. 4, 1975, 88 Stat. 2216; Pub. L. 97–375, title I, § 108(d), Dec. 21, 1982, 96 Stat. 1820.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
Act of April 16, 1934, referred to in text, is act Apr. 16, 1934, ch. 147, 48 Stat. 596, popularly known as the Johnson-O’Malley Act, which is classified generally to section 5342 et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 458d of this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1982—Pub. L. 97–375 struck out provisions relating to annual reporting requirements of Secretary to Congressional committees respecting educational assistance program conducted pursuant to this section.
25 U.S.C. § 5356 (INDIANS)
§ 5356. Supplemental assistance to funds provided to local educational agencies
The assistance provided in this chapter for the education of Indians in the public schools of any State is in addition and supplemental to assistance provided under title VI of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7401 et seq.].
(Pub. L. 93–638, title II, § 209, Jan. 4, 1975, 88 Stat. 2217; Pub. L. 103–382, title III, § 393(c), Oct. 20, 1994, 108 Stat. 4027; Pub. L. 114–95, title IX, § 9215(rr), Dec. 10, 2015, 129 Stat. 2181.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
The Elementary and Secondary Education Act of 1965, referred to in text, is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended. Title VI of the Act is classified generally to subchapter VI (§ 7401 et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables.
heading: Codification
text: Section was formerly classified to section 458e of this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2015—Pub. L. 114–95 substituted “assistance provided under title VI of the Elementary and Secondary Education Act of 1965.” for “assistance provided under title IX of the Elementary and Secondary Education Act of 1965.”
1994—Pub. L. 103–382 substituted “title IX of the Elementary and Secondary Education Act of 1965” for “title IV of the Act of June 23, 1972 (86 Stat. 235)”.
25 U.S.C. § 5362 (INDIANS)
§ 5362. Selection of participating Indian tribes
(a) Continuing participation
Each Indian tribe that is participating in the Tribal Self-Governance Demonstration Project at the Department of the Interior under title III 1 on October 25, 1994, shall thereafter participate in Self-Governance under this subchapter and cease participation in the Tribal Self-Governance Demonstration Project under title III 1 with respect to the Department of the Interior.
(b) Additional participants
(1) In addition to those Indian tribes participating in self-governance under subsection (a) of this section, the Secretary, acting through the Director of the Office of Self-Governance, may select up to 50 new tribes per year from the applicant pool described in subsection (c) of this section to participate in self-governance.
(2) If each tribe requests, two or more otherwise eligible Indian tribes may be treated as a single Indian tribe for the purpose of participating in Self-Governance as a consortium.
(c) Applicant pool
The qualified applicant pool for Self-Governance shall consist of each tribe that—
(1) successfully completes the planning phase described in subsection (d) of this section;
(2) has requested participation in Self-Governance by resolution or other official action by the tribal governing body; and
(3) has demonstrated, for the previous three fiscal years, financial stability and financial management capability as evidenced by the tribe having no material audit exceptions in the required annual audit of the self-determination contracts of the tribe.
(d) Planning phase
Each Indian tribe seeking to begin participation in Self-Governance shall complete a planning phase in accordance with this subsection. The tribe shall be eligible for a grant to plan and negotiate participation in Self-Governance. The planning phase shall include—
(1) legal and budgetary research; and
(2) internal tribal government planning and organizational preparation.
(Pub. L. 93–638, title IV, § 402, as added Pub. L. 103–413, title II, § 204, Oct. 25, 1994, 108 Stat. 4272; amended Pub. L. 104–208, div. A, title I, § 101(d) [title I, § 117], Sept. 30, 1996, 110 Stat. 3009–181, 3009–201.)
heading: References in Text
text: Title III, referred to in subsec. (a), means title III of Pub. L. 93–638, as added by Pub. L. 100–472, title II, § 209, Oct. 5, 1988, 102 Stat. 2296, which was set out as a note under former section 450f of this title prior to repeal by Pub. L. 106–260, § 10, Aug. 18, 2000, 114 Stat. 734.
heading: Codification
text: Section was formerly classified to section 458bb of this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1996—Subsec. (b)(1). Pub. L. 104–208 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “In addition to those Indian tribes participating in Self-Governance under subsection (a) of this section, the Secretary, acting through the Director of the Office of Self-Governance, may select up to 20 new tribes per year from the applicant pool described in subsection (c) of this section to participate in Self-Governance.”
25 U.S.C. § 5364 (INDIANS)
§ 5364. Budget request
The Secretary shall identify, in the annual budget request of the President to the Congress under section 1105 of title 31 any funds proposed to be included in agreements authorized under this subchapter.
(Pub. L. 93–638, title IV, § 404, as added Pub. L. 103–413, title II, § 204, Oct. 25, 1994, 108 Stat. 4275.)
heading: Codification
text: Section was formerly classified to section 458dd of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5366 (INDIANS)
§ 5366. Disclaimers
(a) Other services, contracts, and funds
Nothing in this subchapter shall be construed to limit or reduce in any way the services, contracts, or funds that any other Indian tribe or tribal organization is eligible to receive under section 5321 of this title or any other applicable Federal law.
(b) Federal trust responsibilities
Nothing in this chapter shall be construed to diminish the Federal trust responsibility to Indian tribes, individual Indians, or Indians with trust allotments.
(c) Application of other sections of chapter
All provisions of sections 5305(d), 5306, 5321(c), 5323, 5324(f), 5331, and 5332 of this title shall apply to agreements provided under this subchapter.
(Pub. L. 93–638, title IV, § 406, as added Pub. L. 103–413, title II, § 204, Oct. 25, 1994, 108 Stat. 4277; amended Pub. L. 105–277, div. A, § 101(e) [title I, § 133], Oct. 21, 1998, 112 Stat. 2681–231, 2681–264.)
heading: References in Text
text: This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 458ff of this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1998—Subsec. (c). Pub. L. 105–277 inserted “5305(d),” after “sections”.
25 U.S.C. § 5367 (INDIANS)
§ 5367. Regulations
(a) In general
Not later than 90 days after October 25, 1994, at the request of a majority of the Indian tribes with agreements under this subchapter, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and promulgate such regulations as are necessary to carry out this subchapter.
(b) Committee
A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this section shall have as its members only Federal and tribal government representatives, a majority of whom shall be representatives of Indian tribes with agreements under this subchapter.
(c) Adaptation of procedures
The Secretary shall adapt the negotiated rulemaking procedures to the unique context of Self-Governance and the government-to-government relationship between the United States and the Indian tribes.
(d) Effect
The lack of promulgated regulations shall not limit the effect of this subchapter.
(Pub. L. 93–638, title IV, § 407, as added Pub. L. 103–413, title II, § 204, Oct. 25, 1994, 108 Stat. 4277.)
heading: Codification
text: Section was formerly classified to section 458gg of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5368 (INDIANS)
§ 5368. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
(Pub. L. 93–638, title IV, § 408, as added Pub. L. 103–413, title II, § 204, Oct. 25, 1994, 108 Stat. 4278.)
heading: Codification
text: Section was formerly classified to section 458hh of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5382 (INDIANS)
§ 5382. Establishment
The Secretary shall establish and carry out a program within the Indian Health Service of the Department of Health and Human Services to be known as the “Tribal Self-Governance Program” in accordance with this subchapter.
(Pub. L. 93–638, title V, § 502, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 714.)
heading: Codification
text: Section was formerly classified to section 458aaa–1 of this title prior to editorial reclassification and renumbering as this section.
Another section 502 of Pub. L. 93–638 was renumbered section 802 and is classified to section 5422 of this title.
25 U.S.C. § 5384 (INDIANS)
§ 5384. Compacts
(a) Compact required
The Secretary shall negotiate and enter into a written compact with each Indian tribe participating in self-governance in a manner consistent with the Federal Government’s trust responsibility, treaty obligations, and the government-to-government relationship between Indian tribes and the United States.
(b) Contents
Each compact required under subsection (a) of this section shall set forth the general terms of the government-to-government relationship between the Indian tribe and the Secretary, including such terms as the parties intend shall control year after year. Such compacts may only be amended by mutual agreement of the parties.
(c) Existing compacts
An Indian tribe participating in the Tribal Self-Governance Demonstration Project under title III 1 on August 18, 2000, shall have the option at any time after August 18, 2000, to—
(1) retain the Tribal Self-Governance Demonstration Project compact of that Indian tribe (in whole or in part) to the extent that the provisions of that funding agreement are not directly contrary to any express provision of this subchapter; or
(2) instead of retaining a compact or portion thereof under paragraph (1), negotiate a new compact in a manner consistent with the requirements of this subchapter.
(d) Term and effective date
The effective date of a compact shall be the date of the approval and execution by the Indian tribe or another date agreed upon by the parties, and shall remain in effect for so long as permitted by Federal law or until terminated by mutual written agreement, retrocession, or reassumption.
(Pub. L. 93–638, title V, § 504, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 715.)
heading: References in Text
text: Title III, referred to in subsec. (c), means title III of Pub. L. 93–638, as added by Pub. L. 100–472, title II, § 209, Oct. 5, 1988, 102 Stat. 2296, and amended, which was set out as a note under former section 450f of this title prior to repeal by Pub. L. 106–260, § 10, Aug. 18, 2000, 114 Stat. 734.
heading: Codification
text: Section was formerly classified to section 458aaa–3 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5390 (INDIANS)
§ 5390. Federal procurement laws and regulations
Regarding construction programs or projects, the Secretary and Indian tribes may negotiate for the inclusion of specific provisions of division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41 and Federal acquisition regulations in any funding agreement entered into under this subchapter. Absent a negotiated agreement, such provisions and regulatory requirements shall not apply.
(Pub. L. 93–638, title V, § 510, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 726.)
heading: Codification
text: Section was formerly classified to section 458aaa–9 of this title prior to editorial reclassification and renumbering as this section.
In text, “division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41” substituted for “the Office of Federal Procurement and Policy Act (41 U.S.C. 401 et seq.)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
25 U.S.C. § 5391 (INDIANS)
§ 5391. Civil actions
(a) Contract defined
For the purposes of section 5331 of this title, the term “contract” shall include compacts and funding agreements entered into under this subchapter.
(b) Applicability of certain laws
Section 81 of this title and section 5123 of this title, shall not apply to attorney and other professional contracts entered into by Indian tribes participating in self-governance under this subchapter.
(c) References
All references in this chapter to section 501 of this title are hereby deemed to include section 82a of this title.
(Pub. L. 93–638, title V, § 511, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 726.)
heading: References in Text
text: This chapter, referred to in subsec. (c), was in the original “this Act”, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
Section 501 of this title, referred to in subsec. (c), was omitted from the Code as being of special and not general application.
heading: Codification
text: Section was formerly classified to section 458aaa–10 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5393 (INDIANS)
§ 5393. Budget request
(a) Requirement of annual budget request
(1) In general
The President shall identify in the annual budget request submitted to Congress under section 1105 of title 31 all funds necessary to fully fund all funding agreements authorized under this subchapter, including funds specifically identified to fund tribal base budgets. All funds so appropriated shall be apportioned to the Indian Health Service. Such funds shall be provided to the Office of Tribal Self-Governance which shall be responsible for distribution of all funds provided under section 5385 of this title.
(2) Rule of construction
Nothing in this subsection shall be construed to authorize the Indian Health Service to reduce the amount of funds that a self-governance tribe is otherwise entitled to receive under its funding agreement or other applicable law, whether or not such funds are apportioned to the Office of Tribal Self-Governance under this section.
(b) Present funding; shortfalls
In such budget request, the President shall identify the level of need presently funded and any shortfall in funding (including direct program and contract support costs) for each Indian tribe, either directly by the Secretary of Health and Human Services, under self-determination contracts, or under compacts and funding agreements authorized under this subchapter.
(Pub. L. 93–638, title V, § 513, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 727.)
heading: Codification
text: Section was formerly classified to section 458aaa–12 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5395 (INDIANS)
§ 5395. Disclaimers
(a) No funding reduction
Nothing in this subchapter shall be construed to limit or reduce in any way the funding for any program, project, or activity serving an Indian tribe under this or other applicable Federal law. Any Indian tribe that alleges that a compact or funding agreement is in violation of this section may apply the provisions of section 5331 of this title.
(b) Federal trust and treaty responsibilities
Nothing in this chapter shall be construed to diminish in any way the trust responsibility of the United States to Indian tribes and individual Indians that exists under treaties, Executive orders, or other laws and court decisions.
(c) Obligations of the United States
The Indian Health Service under this chapter shall neither bill nor charge those Indians who may have the economic means to pay for services, nor require any Indian tribe to do so.
(Pub. L. 93–638, title V, § 515, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 729.)
heading: References in Text
text: This chapter, referred to in subsecs. (b) and (c), was in the original “this Act”, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 458aaa–14 of this title prior to editorial reclassification and renumbering as this section.