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25 U.S.C. § 5352 — Sovereign immunity and trusteeship rights unaffected
Federal law — U.S. Code and appendices · legal_authorities
Nothing in this chapter shall be construed as—
(1) affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from suit enjoyed by an Indian tribe; or
(2) authorizing or requiring the termination of any existing trust responsibility of the United States with respect to the Indian people.
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Stable record: federal_law:legal_authorities:record_usc_17dfd27ea8ed97061d9fb171
Source file: Laws/federal/codes/united-states-code/title-25/section-5352-sovereign-immunity-and-trusteeship-rights-unaffected--00656e3843.md
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Source location: Title 25, Chapter 46, § 5352; chapter-046-indian-self-determination-and-education-assistance.md
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Nothing in this chapter shall be construed as—
(1) affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from suit enjoyed by an Indian tribe; or
(2) authorizing or requiring the termination of any existing trust responsibility of the United States with respect to the Indian people.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 450h was editorially reclassified as [section 5322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5322&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450n
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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
### Statutory Notes
#### Codification
Section 458a was editorially reclassified as [section 5352 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5352&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 458ff
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Federal law — U.S. Code and appendices · legal_authorities
Page 757
TITLE 25—INDIANS
§ 5352
ards of education not less than those provided
non-Indian students in the school district in
which the facilities are situated; and
(2) meet, with respect to such facilities, the
requirements of the State and local building
codes, and other building standards set by the
State educational agency or school district for
other public school facilities under its juris-
diction or control or by the local government
in the jurisdiction within which the facilities
are situated.
(e) Advisory consultations by Secretary with af-
fected entities and governing bodies prior to
contracts; applicability
The Secretary shall consult with the entity
designated pursuant to section 5346 of this title,
and with the governing body of any Indian tribe
or tribes the educational opportunity for the
members of which will be significantly affected
by any contract entered into pursuant to this
section. Such consultation shall be advisory
only, but shall occur prior to the entering into
of any such contract. The foregoing provisions
of this subsection shall not be applicable where
the application for a contract pursuant to this
section is submitted by an elected school board
of which a majority of its members are Indians.
(f) Evaluation and report to Congress of effec-
tiveness of construction, etc., programs;
scope and content of report
Within ninety days following the expiration of
the three year period following January 4, 1975,
the Secretary shall evaluate the effectiveness of
the program pursuant to this section and trans-
mit a report of such evaluation to the Congress.
Such report shall include—
(1) an analysis of construction costs and the
impact on such costs of the provisions of sub-
section (f) of this section and the Act of
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5352
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