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25 U.S.C. § 5321 — Congressional statement of findings
Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings respecting historical and special legal relationship, and resultant responsibilities** The Congress, after careful review of the Federal Government’s historical and special legal relationship with, and resulting responsibilities to, American Indian people, finds that—
(1) the prolonged Federal domination of Indian service programs has served to retard rather than enhance the progress of Indian people and their communities by depriving Indians of the full opportunity to develop leadership skills crucial to the realization of self-government, and has denied to the Indian people an effective voice in the planning and implementation of programs for the benefit of Indians which are responsive to the true needs of Indian communities; and
(2) the Indian people will never surrender their desire to control their relationships both among themselves and with non-Indian governments, organizations, and persons.
**(b) Further findings** The Congress further finds that—
(1) true self-determination in any society of people is dependent upon an educational process which will insure the development of qualified people to fulfill meaningful leadership roles;
(2) the Federal responsibility for and assistance to education of Indian children has not effected the desired level of educational achievement or created the diverse opportunities and personal satisfaction which education can and should provide; and
(3) parental and community control of the educational process is of crucial importance to the Indian people.
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Stable record: federal_law:legal_authorities:record_usc_07b02d4a6b25ddd62dd04e83
Source file: Laws/federal/codes/united-states-code/title-25/section-5321-congressional-statement-of-findings--10279ae8df.md
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Source location: Title 25, Chapter 46, § 5321; chapter-046-indian-self-determination-and-education-assistance.md
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**(a) Findings respecting historical and special legal relationship, and resultant responsibilities** The Congress, after careful review of the Federal Government’s historical and special legal relationship with, and resulting responsibilities to, American Indian people, finds that—
(1) the prolonged Federal domination of Indian service programs has served to retard rather than enhance the progress of Indian people and their communities by depriving Indians of the full opportunity to develop leadership skills crucial to the realization of self-government, and has denied to the Indian people an effective voice in the planning and implementation of programs for the benefit of Indians which are responsive to the true needs of Indian communities; and
(2) the Indian people will never surrender their desire to control their relationships both among themselves and with non-Indian governments, organizations, and persons.
**(b) Further findings** The Congress further finds that—
(1) true self-determination in any society of people is dependent upon an educational process which will insure the development of qualified people to fulfill meaningful leadership roles;
(2) the Federal responsibility for and assistance to education of Indian children has not effected the desired level of educational achievement or created the diverse opportunities and personal satisfaction which education can and should provide; and
(3) parental and community control of the educational process is of crucial importance to the Indian people.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title: 11 See References in Text note below.
(1) The term “Secretary” means the Secretary of the Interior.
(2) The term “Indian tribe” means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian tribe.
(3) The term “list” means the list of recognized tribes published by the Secretary pursuant to [section 5131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5130
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this part:
(1) **Adult** — The term “adult” means an individual who—
(A) has attained the age of 16 years; or
(B) has attained an age that is greater than the age of compulsory school attendance under an applicable State law.
(2) **Free public education** — The term “free public education” means education that is—
(A) provided at public expense, under public supervision and direction, and without tuition charge; and
(B) provided as elementary or secondary education in the applicable State or to preschool children.
(3) **Indian** — The term “Indian” means an individual who is—
(A) a member of an Indian tribe or band, as membership is defined by the tribe or band, including—
(i) any tribe or band terminated since 1940; and
(ii) any tribe or band recognized by the State in which the tribe or band resides;
(B) a descendant, in the first or second degree, of an individual described in subparagraph (A);
(C) considered by the Secretary of the Interior to be an Indian for any purpose;
(D) an Eskimo, Aleut, or other Alaska Native; or
(E) a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as in effect the day preceding October 20, 1994.
(4) **Traditional leaders** — The term “traditional leaders” has the meaning given the term in [section 2902 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2902&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7401
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Federal law — U.S. Code and appendices · legal_authorities
In accordance with subsection (d) of [section 215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section215&num=0&edition=prelim), upon the request of any Indian tribe, band, group, or community, commissioned officers of the Service may be assigned by the Secretary for the purpose of assisting such Indian tribe, group, band, or community in carrying out the provisions of contracts with, or grants to, tribal organizations pursuant to sections 5321 and 5322 of title 25.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2004b
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Management and Budget is an office in the Executive Office of the President.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 501
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Federal law — U.S. Code and appendices · legal_authorities
Each contract or grant agreement entered into pursuant to sections 5321 and 5322 11 See Codification note below. of this title shall provide that in any case where the appropriate Secretary determines that the tribal organization’s performance under such contract or grant agreement involves (1) the violation of the rights or endangerment of the health, safety, or welfare of any persons; or (2) gross negligence or mismanagement in the handling or use of funds provided to the tribal organization pursuant to such contract or grant agreement, or in the management of trust fund, trust lands or interests in such lands pursuant to such contract or grant agreement, such Secretary may, under regulations prescribed by him and after providing notice and a hearing on the record to such tribal organization, rescind such contract or grant agreement, in whole or in part, and assume or resume control or operation of the program, activity, or service involved if he determines that the tribal organization has not taken corrective action as prescribed by the Secretary to remedy the contract deficiency, except that the appropriate Secretary may, upon written notice to a tribal organization, and the tribe served by the tribal organization, immediately rescind a contract or grant, in whole or in part, and resume control or operation of a program, activity, function, or service, if the Secretary finds that (i) there is an immediate threat of imminent harm to the safety of any person, or imminent substantial and irreparable harm to trust funds, trust lands, or interests in such lands, and (ii) such threat arises from the failure of the contractor to fulfill the requirements of the contract. In such cases, the Secretary shall provide the tribal organization with a hearing on the record within t
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5348
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Federal law — U.S. Code and appendices · legal_authorities
The Office, after consultation with other agencies concerned, shall—
(1) prescribe regulations concerning administration of training for employees and officials of State and local governments provided for in this subchapter, including requirements for coordination of and reasonable consistency in such training programs;
(2) coordinate the training support given to State and local governments under authority of this chapter with training support given such governments under other Federal programs; and
(3) make such arrangements, including the collection and maintenance of data on training grants and programs, as may be necessary to avoid duplication of programs providing for training and to insure consistent administration of related Federal training activities, with particular regard to title IX of the Higher Education Act of 1965.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4762
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5363
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Federal law — U.S. Code and appendices · legal_authorities
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 determination of the Secretary, contains educational objectives which adequately address the educational needs of the Indian students who are to be beneficiaries of the contract and assures that the contract is capable of meeting such objectives: Provided, That where students other than Indian students participate in such programs, money expended under such contract shall be prorated to cover the participation of only the Indian students.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5361
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
**(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5304
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 479a was editorially reclassified as [section 5130 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5130&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 479a
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