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25 U.S.C. § 450f — Transferred
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 450 was editorially reclassified as [section 5301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450f
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Stable record: federal_law:legal_authorities:record_usc_102acfd09b6ee3ef08038bc0
Source file: Laws/federal/codes/united-states-code/title-25/section-450f-transferred--8d3da7c8ed.md
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Source location: Title 25, Chapter 14, § 450f; chapter-014-miscellaneous.md
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### Statutory Notes
#### Codification
Section 450 was editorially reclassified as [section 5301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Duty of Secretary** The Secretary, acting through the Service and in consultation with representatives of Indian tribes and tribal organizations operating contract health care programs under the Indian Self-Determination Act ([25 U.S.C. 450f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450f&num=0&edition=prelim) et seq.) 11 See References in Text note below. or under self-governance compacts, Service personnel, private contract health services providers, the Indian Health Service Fiscal Intermediary, and other appropriate experts, shall conduct a study—
(1) to assess and identify administrative barriers that hinder the timely payment for services delivered by private contract health services providers to individual Indians by the Service and the Indian Health Service Fiscal Intermediary;
(2) to assess and identify the impact of such delayed payments upon the personal credit histories of individual Indians who have been treated by such providers; and
(3) to determine the most efficient and effective means of improving the Service’s contract health services payment system and ensuring the development of appropriate consumer protection policies to protect individual Indians who receive authorized services from private contract health services providers from billing and collection practices, including the development of materials and programs explaining patients’ rights and responsibilities.
**(b) Functions of study** The study required by subsection (a) shall—
(1) assess the impact of the existing contract health services regulations and policies upon the ability of the Service and the Indian Health Service Fiscal Intermediary to process, on a timely and efficient basis, the payment of bills submitted by private contract health se
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1621u
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Consultation; standards for accreditation** Prior to the expenditure of, or the making of any firm commitment to expend, any funds appropriated for the planning, design, construction, or renovation of facilities pursuant to [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim), the Secretary, acting through the Service, shall—
(1) consult with any Indian tribe that would be significantly affected by such expenditure for the purpose of determining and, whenever practicable, honoring tribal preferences concerning size, location, type, and other characteristics of any facility on which such expenditure is to be made, and
(2) ensure, whenever practicable, that such facility meets the standards of the Joint Commission on Accreditation of Health Care Organizations by not later than 1 year after the date on which the construction or renovation of such facility is completed.
**(b) Closure; report on proposed closure**
(1) Notwithstanding any provision of law other than this subsection, no Service hospital or outpatient health care facility of the Service, or any portion of such a hospital or facility, may be closed if the Secretary has not submitted to the Congress at least 1 year prior to the date such hospital or facility (or portion thereof) is proposed to be closed an evaluation of the impact of such proposed closure which specifies, in addition to other considerations—
(A) the accessibility of alternative health care resources for the population served by such hospital or facility;
(B) the cost effectiveness of such closure;
(C) the quality of health care to be provided to the population served by such hospital or facility after such closure;
(D) the availability of contract hea
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1634
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Investigation and control**
(1) The Secretary of the Interior shall provide assistance to—
(A) the Tohono O’odham Tribe of Arizona for the investigation and control of illegal narcotics traffic on the Tohono O’odham Reservation along the border with Mexico;
(B) the St. Regis Band of Mohawk Indians of New York for the development of tribal law enforcement and judicial systems to aid in the investigation and control of illegal narcotics traffic on the St. Regis Reservation along the border with Canada;
(C) the Makah Indian Tribe of Washington for the investigation and control of illegal narcotic traffic on the Makah Indian Reservation arising from its proximity to international waters; and
(D) the Blackfeet Nation of Montana for the investigation and control of illegal narcotics traffic on the Blackfeet Indian Reservation along the border with Canada.
(2) The Secretary shall ensure that tribal efforts under this subsection are coordinated with appropriate Federal law enforcement agencies, including the United States Customs and Border Protection, the Bureau of Immigration and Customs Enforcement, and the Drug Enforcement Administration.
(3) **Authorization of appropriations.—** — There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2011 through 2015.
**(b) Marijuana eradication and interdiction**
(1) The Secretary of the Interior, in cooperation with appropriate Federal, tribal, and State and local law enforcement agencies, shall establish and implement a program for the eradication of marijuana cultivation, and interdiction, investigation, and control of illegal narcotics trafficking within Indian country as defined in [section 1152 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2442
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 93–638, title I, § 103, Jan. 4, 1975, 88 Stat. 2206; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100–202, § 101(g) [title II], Dec. 22, 1987, 101 Stat. 1329–213, 1329–246; Pub. L. 100–446, title II, Sept. 27, 1988, 102 Stat. 1817, which related to contracts by Secretary of Health and Human Services with tribal organizations, was repealed except for the last sentence of subsec. (c), providing that tribal organizations and Indian contractors be deemed part of Public Health Service, which was redesignated subsec. (d) of former [section 450f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450f&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450m–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Request by tribe; authorized programs**
(1) The Secretary is directed, upon the request of any Indian tribe by tribal resolution, to enter into a self-determination contract or contracts with a tribal organization to plan, conduct, and administer programs or portions thereof, including construction programs—
(A) provided for in the Act of April 16, 1934 (48 Stat. 596), as amended [[25 U.S.C. 5342](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5342&num=0&edition=prelim) et seq.];
(B) which the Secretary is authorized to administer for the benefit of Indians under the Act of November 2, 1921 (42 Stat. 208) [[25 U.S.C. 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim)], and any Act subsequent thereto;
(C) provided by the Secretary of Health and Human Services under the Act of August 5, 1954 (68 Stat. 674), as amended [[42 U.S.C. 2001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2001&num=0&edition=prelim) et seq.];
(D) administered by the Secretary for the benefit of Indians for which appropriations are made to agencies other than the Department of Health and Human Services or the Department of the Interior; and
(E) for the benefit of Indians because of their status as Indians without regard to the agency or office of the Department of Health and Human Services or the Department of the Interior within which it is performed.
The programs, functions, services, or activities that are contracted under this paragraph shall include administrative functions of the Department of the Interior and the Department of Health and Human Services (whichever is applicable) that support the delivery of services to Indians, including those administrative
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5330
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Compact** — The term “compact” means a self-governance compact entered into under [section 5364 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5364&num=0&edition=prelim).
(2) **Construction program; construction project** — The term “construction program” or “construction project” means a Tribal undertaking relating to the administration, planning, environmental determination, design, construction, repair, improvement, or expansion of roads, bridges, buildings, structures, systems, or other facilities for purposes of housing, law enforcement, detention, sanitation, water supply, education, administration, community, health, irrigation, agriculture, conservation, flood control, transportation, or port facilities, or for other Tribal purposes.
(3) **Department** — The term “Department” means the Department of the Interior.
(4) **Funding agreement** — The term “funding agreement” means a funding agreement entered into under [section 5363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5363&num=0&edition=prelim).
(5) **Gross mismanagement** — The term “gross mismanagement” means a significant violation, shown by a preponderance of the evidence, of a compact, funding agreement, or statutory or regulatory requirement applicable to Federal funds for a program administered by an Indian Tribe under a compact or funding agreement.
(6) **Inherent Federal function** — The term “inherent Federal function” means a Federal function that may not legally be delegated to an Indian Tribe.
(7) **Non-BIA program** — The term “non-BIA program” means all or a portion of a program, function, service, or activity that is administered by any bureau, service, office, or agency o
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5371
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization** The Secretary shall, on the request of any Indian Tribe or Tribal organization, negotiate and enter into a written funding agreement with the governing body of the Indian Tribe or the Tribal organization in a manner consistent with—
(1) the trust responsibility of the Federal Government, treaty obligations, and the government-to-government relationship between Indian Tribes and the United States; and
(2) subsection (b).
**(b) Contents** Each funding agreement shall—
(1) authorize the tribe to plan, conduct, consolidate, and administer programs, services, functions, and activities, or portions thereof, administered by the Department of the Interior through the Bureau of Indian Affairs, the Office of the Assistant Secretary for Indian Affairs, and the Office of the Special Trustee for American Indians, without regard to the agency or office of that Bureau or those Offices within which the program, service, function, and activity, or portion thereof, is performed, including funding for agency, area, and central office functions in accordance with subsection (g)(3) of this section, and including—
(A) any program, service, function, and activity, or portion thereof, administered under the authority of—
(i) the Act of April 16, 1934 ([25 U.S.C. 452](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section452&num=0&edition=prelim) et seq.); 11 See References in Text note below. and
(ii) [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim);
(B) programs, services, functions, and activities or portions thereof administered by the Secretary of the Interior that are otherwise available to Indian tribes or Indians for which appropriations are made
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5373
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In this subchapter:
(1) **Construction project** — The term “construction project”—
(A) means an organized noncontinuous undertaking to complete a specific set of predetermined objectives for the planning, environmental determination, design, construction, repair, improvement, or expansion of buildings or facilities, as described in a construction project agreement; and
(B) does not include construction program administration and activities described in paragraphs (1) through (3) of [section 5304(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304/m&num=0&edition=prelim), that may otherwise be included in a funding agreement under this subchapter.
(2) **Construction project agreement** — The term “construction project agreement” means a negotiated agreement between the Secretary and an Indian tribe, that at a minimum—
(A) establishes project phase start and completion dates;
(B) defines a specific scope of work and standards by which it will be accomplished;
(C) identifies the responsibilities of the Indian tribe and the Secretary;
(D) addresses environmental considerations;
(E) identifies the owner and operations and maintenance entity of the proposed work;
(F) provides a budget;
(G) provides a payment process; and
(H) establishes the duration of the agreement based on the time necessary to complete the specified scope of work, which may be 1 or more years.
(3) **Gross mismanagement** — The term “gross mismanagement” means a significant, clear, and convincing violation of a compact, funding agreement, or regulatory, or statutory requirements applicable to Federal funds transferred to an Indian tribe by a compact or funding agreement that results in a significant reduction
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5391
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Continuing participation** Each Indian tribe that is participating in the Tribal Self-Governance Demonstration Project under title III 11 See References in Text note below. on August 18, 2000, may elect to participate in self-governance under this subchapter under existing authority as reflected in tribal resolution.
**(b) Additional participants**
(1) **In general** — In addition to those Indian tribes participating in self-governance under subsection (a) of this section, each year an additional 50 Indian tribes that meet the eligibility criteria specified in subsection (c) of this section shall be entitled to participate in self-governance.
(2) **Treatment of certain Indian tribes**
(A) *In general* — An Indian tribe that has withdrawn from participation in an inter-tribal consortium or tribal organization, in whole or in part, shall be entitled to participate in self-governance provided the Indian tribe meets the eligibility criteria specified in subsection (c) of this section.
(B) *Effect of withdrawal* — If an Indian tribe has withdrawn from participation in an inter-tribal consortium or tribal organization, that Indian tribe shall be entitled to its tribal share of funds supporting those programs, services, functions, and activities (or portions thereof) that the Indian tribe will be carrying out under the compact and funding agreement of the Indian tribe.
(C) *Participation in self-governance* — In no event shall the withdrawal of an Indian tribe from an inter-tribal consortium or tribal organization affect the eligibility of the inter-tribal consortium or tribal organization to participate in self-governance.
**(c) Applicant pool**
(1) **In general** — The qualified applicant pool for self-governance shall consist of each Indian tribe that—
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5393
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