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25 U.S.C. § 13–1 — Authorization of appropriations for funds for basic educational support through parent committees
Federal law — U.S. Code and appendices · legal_authorities
Such sums as are needed under [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim) are authorized to be appropriated to provide funds for basic educational support through parent committees under the Act of April 16, 1934 [[25 U.S.C. 5342](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5342&num=0&edition=prelim) et seq.], to those public schools educating Indian students and whose total sum of Federal, State, and local funds is insufficient to bring the education of the enrolled Indian students to a level equal to the level of education provided non-Indian students in the public schools in which they are enrolled where the absence of such support would result in the closing of schools or the reduction in quality of the education program afforded Indian students attending public schools.
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Stable record: federal_law:legal_authorities:record_usc_29349cda277973c3f6ae291a
Source file: Laws/federal/codes/united-states-code/title-25/section-131-authorization-of-appropriations-for-funds-for-basic-educational-support--c35575437b.md
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Source location: Title 25, Chapter 1, § 13–1; chapter-001-bureau-of-indian-affairs.md
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Such sums as are needed under [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim) are authorized to be appropriated to provide funds for basic educational support through parent committees under the Act of April 16, 1934 [[25 U.S.C. 5342](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5342&num=0&edition=prelim) et seq.], to those public schools educating Indian students and whose total sum of Federal, State, and local funds is insufficient to bring the education of the enrolled Indian students to a level equal to the level of education provided non-Indian students in the public schools in which they are enrolled where the absence of such support would result in the closing of schools or the reduction in quality of the education program afforded Indian students attending public schools.
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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) Amount of funds provided**
(1) The amount of funds provided under the terms of self-determination contracts entered into pursuant to this chapter shall not be less than the appropriate Secretary would have otherwise provided for the operation of the programs or portions thereof for the period covered by the contract, without regard to any organizational level within the Department of the Interior or the Department of Health and Human Services, as appropriate, at which the program, function, service, or activity or portion thereof, including supportive administrative functions that are otherwise contractable, is operated.
(2) There shall be added to the amount required by paragraph (1) contract support costs which shall consist of an amount for the reasonable costs for activities which must be carried on by a tribal organization as a contractor to ensure compliance with the terms of the contract and prudent management, but which—
(A) normally are not carried on by the respective Secretary in his direct operation of the program; or
(B) are provided by the Secretary in support of the contracted program from resources other than those under contract.
(3)
(A) The contract support costs that are eligible costs for the purposes of receiving funding under this chapter shall include the costs of reimbursing each tribal contractor for reasonable and allowable costs of—
(i) direct program expenses for the operation of the Federal program that is the subject of the contract; and
(ii) any additional administrative or other expense incurred by the governing body of the Indian Tribe or Tribal organization and any overhead expense incurred by the tribal contractor in connection with the operation of the Federal program, function, service, or activity pursuan
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5342
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Federal law — U.S. Code and appendices · legal_authorities
The Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States for the following purposes:
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 13
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 90–247, title IV, § 405, as added Pub. L. 92–318, title III, § 301(a)(2), June 23, 1972, 86 Stat. 328; amended Pub. L. 93–380, title V, § 502(a)(2)(B), Aug. 21, 1974, 88 Stat. 560; Pub. L. 94–482, title IV, § 403, Oct. 12, 1976, 90 Stat. 2227; Pub. L. 95–561, title XII, § 1242, Nov. 1, 1978, 92 Stat. 2352; Pub. L. 96–49, § 14, Aug. 13, 1979, 93 Stat. 354; Pub. L. 96–374, title XIII, §§ 1311–1314, Oct. 3, 1980, 94 Stat. 1498, 1499; Pub. L. 98–511, title VII, §§ 702(a), 703, 704(a), Oct. 19, 1984, 98 Stat. 2405, 2406; Pub. L. 99–498, title XIV, § 1401(a), Oct. 17, 1986, 100 Stat. 1589; Pub. L. 100–50, § 24(a), June 3, 1987, 101 Stat. 362; Pub. L. 100–297, title III, §§ 3001(p)(2), 3002, 3403(b), (c), Apr. 28, 1988, 102 Stat. 337, 349; Pub. L. 103–33, § 1(b), May 25, 1993, 107 Stat. 94, related to Office of Educational Research and Improvement.
#### Savings Provision
Pub. L. 103–227, title IX, § 914, Mar. 31, 1994, 108 Stat. 223, which provided that contracts for regional educational laboratories, Educational Resources Information Center Clearinghouses and research and development centers and regional educational laboratories assisted under this section as in effect on Mar. 30, 1994, would remain in effect until the termination date of such contracts, was repealed by Pub. L. 107–279, title IV, § 403(2), Nov. 5, 2002, 116 Stat. 1985.
#### Existing Grants and Contracts
Pub. L. 103–227, title IX, § 915, Mar. 31, 1994, 108 Stat. 223, which provided that grants and contracts for the research and development centers assisted under this section as in effect on Mar. 30, 1994, would remain in effect until the termination date of such grants or contracts, except if extended to implement the provisions of title IX of Pub. L. 103–227 [see [secti
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Federal law — U.S. Code and appendices · legal_authorities
Page 751
TITLE 25—INDIANS
§ 5342
lows: ‘‘Unless otherwise agreed to by the resolution of
tribal organization, the Secretary shall not revise or
amend a self-determination contract with such tribal
organization.’’
Subsec. (c). Pub. L. 101–301, § 1(a)(2), made technical
correction to directory language of Pub. L. 100–581,
§ 212(c). See 1988 Amendment note below.
1988—Subsec. (a). Pub. L. 100–581, § 212(a), as amended
by Pub. L. 101–301, § 1(a)(2), substituted ‘‘over any civil
action’’ for ‘‘over civil action’’ after ‘‘Court of
Claims,’’.
Subsec. (b). Pub. L. 100–581, § 212(b), substituted ‘‘of
tribal organization’’ for ‘‘of an Indian tribe’’ and ‘‘such
tribal organization’’ for ‘‘such tribe’’.
Subsec. (c). Pub. L. 100–581, § 212(c), as amended by
Pub. L. 101–301, § 1(a)(2), amended subsec. (c) generally.
Prior to amendment, subsec. (c) read as follows: ‘‘The
Equal Access to Justice Act (Public Law 96–481, Act of
October 1 [21], 1980; 94 Stat. 2325, as amended) shall
apply to administrative appeals by tribal organizations
regarding self-determination contracts.’’
§ 5332.
Sovereign
immunity
and
trusteeship
rights unaffected
Nothing in this chapter shall be construed as—
(1) affecting, modifying, diminishing, or oth-
erwise 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 peo-
ple.
(Pub. L. 93–638, title I, § 111, formerly § 110, Jan.
4, 1975, 88 Stat. 2213; renumbered § 111, Pub. L.
100–472, title II, § 206(b), Oct. 5, 1988, 102 Stat.
2295.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 St
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5342
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