dreamproit/uscode huggingface dataset:
25 U.S.C. § 5347 (INDIANS)
§ 5347. Reimbursement to school districts for educating non-resident students
Any school district educating Indian students who are members of recognized Indian tribes, who do not normally reside in the State in which such school district is located, and who are residing in Federal boarding facilities for the purposes of attending public schools within such district may, in the discretion of the Secretary of the Interior, be reimbursed by him for the full per capita costs of educating such Indian students.
(Apr. 16, 1934, ch. 147, § 6, as added Pub. L. 93–638, title II, § 202, Jan. 4, 1975, 88 Stat. 2214.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 457 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5352 (INDIANS)
§ 5352. General education contract and grant provisions and requirements; school district quality and standards of excellence
No funds from any grant or contract pursuant to this subchapter shall be made available to any school district unless the Secretary is satisfied that the quality and standard of education, including facilities and auxiliary services, for Indian students enrolled in the schools of such district are at least equal to that provided all other students from resources, other than resources provided in this subchapter, available to the local school district.
(Pub. L. 93–638, title II, § 205, Jan. 4, 1975, 88 Stat. 2216.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 93–638, known as the Indian Education Assistance Act, which is classified principally to this subchapter. For complete classification of title II 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 458a of this title prior to editorial reclassification and renumbering as this section.
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: Editorial Notes
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: Editorial Notes
heading: Codification
text: Section was formerly classified to section 458c of this title prior to editorial reclassification and renumbering as this section.
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Editorial Notes
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. § 5364 (INDIANS)
§ 5364. Compacts
(a) In general
The Secretary shall negotiate and enter into a written compact with each Indian Tribe participating in self-governance in a manner consistent with the trust responsibility of the Federal Government, treaty obligations, and the government-to-government relationship between Indian Tribes and the United States.
(b) Contents
A compact under subsection (a) shall—
(1) specify and affirm the general terms of the government-to-government relationship between the Indian Tribe and the Secretary; and
(2) include such terms as the parties intend shall control during the term of the compact.
(c) Amendment
A compact under subsection (a) may be amended only by agreement of the parties.
(d) Effective date
The effective date of a compact under subsection (a) shall be—
(1) the date of the execution of the compact by the parties; or
(2) such date as is mutually agreed upon by the parties.
(e) Duration
A compact under subsection (a) shall remain in effect—
(1) for so long as permitted by Federal law; or
(2) until termination by written agreement, retrocession, or reassumption.
(f) Existing compacts
An Indian Tribe participating in self-governance under this subchapter, as in effect on October 21, 2020, shall have the option at any time after that date—
(1) to retain its negotiated compact (in whole or in part) to the extent that the provisions of the compact are not directly contrary to any express provision of this subchapter; or
(2) to negotiate a new compact in a manner consistent with this subchapter.
(Pub. L. 93–638, title IV, § 404, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 864.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 5364, Pub. L. 93–638, title IV, § 404, as added Pub. L. 103–413, title II, § 204, Oct. 25, 1994, 108 Stat. 4275, related to identification of funds in annual budget request, prior to repeal by Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 864. See section 5371 of this title. Such section was formerly classified to section 458dd of this title prior to editorial reclassification and renumbering as section 5364.
25 U.S.C. § 5369 (INDIANS)
§ 5369. Facilitation
(a) In general
Except as otherwise provided by law (including section 101(a) of the PROGRESS for Indian Tribes Act), the Secretary shall interpret each Federal law and regulation in a manner that facilitates—
(1) the inclusion of programs in funding agreements; and
(2) the implementation of funding agreements.
(b) Regulation waiver
(1) Request
An Indian Tribe may submit to the Secretary a written request for a waiver of applicability of a Federal regulation, including—
(A) an identification of the specific text in the regulation sought to be waived; and
(B) the basis for the request.
(2) Determination by the secretary
Not later than 120 days after receipt by the Secretary and the designated officials under paragraph (4) of a request under paragraph (1), the Secretary shall approve or deny the requested waiver in writing to the Indian Tribe.
(3) Extensions
The deadline described in paragraph (2) may be extended for any length of time, as agreed upon by both the Indian Tribe and the Secretary.
(4) Designated officials
The Secretary shall designate one or more appropriate officials in the Department to receive a copy of the waiver request described in paragraph (1).
(5) Grounds for denial
The Secretary may deny a request under paragraph (1) upon a specific finding by the Secretary that the identified text in the regulation may not be waived because such a waiver is prohibited by Federal law.
(6) Failure to make determination
If the Secretary fails to make a determination with respect to a waiver request within the period specified in paragraph (2) (including any extension agreed to under paragraph (3)), the Secretary shall be deemed to have agreed to the request, except that for a waiver request relating to programs eligible under section 5363(b)(2) or section 5363(c) of this title, the Secretary shall be deemed to have denied the request.
(7) Finality
A decision of the Secretary under this section shall be final for the Department.
(Pub. L. 93–638, title IV, § 409, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 874.)
heading: Editorial Notes
heading: References in Text
text: Section 101(a) of the PROGRESS for Indian Tribes Act, referred to in subsec. (a), is section 101(a) of Pub. L. 116–180, which is set out as a note under section 5361 of this title.
25 U.S.C. § 5370 (INDIANS)
§ 5370. Discretionary application of other sections
(a) In general
Except as otherwise provided in section 201(d) of the PROGRESS for Indian Tribes Act, at the option of a participating Indian Tribe or Indian Tribes, any of the provisions of subchapter I may be incorporated in any compact or funding agreement under this subchapter. The inclusion of any such provision shall be subject to, and shall not conflict with, section 101(a) of such Act.
(b) Effect
Each incorporated provision under subsection (a) shall—
(1) have the same force and effect as if set out in full in this subchapter;
(2) supplement or replace any related provision in this subchapter; and
(3) apply to any agency otherwise governed by this subchapter.
(c) Effective date
If an Indian Tribe requests incorporation at the negotiation stage of a compact or funding agreement, the incorporation shall—
(1) be effective immediately; and
(2) control the negotiation and resulting compact and funding agreement.
(Pub. L. 93–638, title IV, § 410, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 875.)
heading: Editorial Notes
heading: References in Text
text: Sections 101(a) and 201(d) of the PROGRESS for Indian Tribes Act, referred to in subsec. (a), are sections 101(a) and 201(d) of Pub. L. 116–180, which are set out as notes under section 5361 of this title.
Subchapter I, referred to in subsec. (a), was in the original “title I”, meaning title I of Pub. L. 93–638, known as the Indian Self-Determination Act, which is classified principally to subchapter I (§ 5321 et seq.) of this chapter. For complete classification of title I to the Code, see Short Title note set out under section 5301 of this title and Tables.
25 U.S.C. § 5371 (INDIANS)
§ 5371. Annual budget list
The Secretary shall list, in the annual budget request submitted to Congress under section 1105 of title 31, any funds proposed to be included in funding agreements authorized under this subchapter.
(Pub. L. 93–638, title IV, § 411, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 876.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 5364 of this title prior to repeal by Pub. L. 116–180.
25 U.S.C. § 5373 (INDIANS)
§ 5373. Regulations
(a) In general
(1) Promulgation
Not later than 90 days after October 21, 2020, 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.
(2) Publication of proposed regulations
Proposed regulations to implement this subchapter shall be published in the Federal Register not later than 21 months after October 21, 2020.
(3) Expiration of authority
The authority to promulgate regulations under paragraph (1) shall expire on the date that is 30 months after October 21, 2020.
(b) Committee
(1) Membership
A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this section shall have as its members only representatives of the Federal Government and Tribal government.
(2) Lead agency
Among the Federal representatives described in paragraph (1), the Office of Self-Governance shall be the lead agency for the Department.
(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 Indian Tribes.
(d) Effect
(1) Repeal
The Secretary may repeal any regulation that is inconsistent with this chapter.
(2) Conflicting provisions
Subject to section 101(a) of the PROGRESS for Indian Tribes Act and except with respect to programs described under section 5363(c) of this title, this subchapter shall supersede any conflicting provision of law (including any conflicting regulations).
(3) Effectiveness without regard to regulations
The lack of promulgated regulations on an issue shall not limit the effect or implementation of this subchapter.
(Pub. L. 93–638, title IV, § 413, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 877.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (d)(1), 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 101(a) of the PROGRESS for Indian Tribes Act, referred to in subsec. (d)(2), is section 101(a) of Pub. L. 116–180, which is set out as a note under section 5361 of this title.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 5367 of this title prior to repeal by Pub. L. 116–180.
25 U.S.C. § 5376 (INDIANS)
§ 5376. Application of other provisions
Section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991 (Public Law 101–512; 104 Stat. 1959), shall apply to compacts and funding agreements entered into under this subchapter.
(Pub. L. 93–638, title IV, § 416, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 878.)
heading: Editorial Notes
heading: References in Text
text: Section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991, referred to in text, is section 314 of Pub. L. 101–512, which is set out as a note under section 5321 of this title.
25 U.S.C. § 5377 (INDIANS)
§ 5377. 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, § 417, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 878.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 5368 of this title prior to repeal by Pub. L. 116–180.
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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.