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25 U.S.C. § 5331 — Grants to tribal organizations or tribes

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5331 — Grants to tribal organizations or tribes

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Stable record: federal_law:legal_authorities:record_usc_29e5a2b10d3c90cf99851feb
Source file: Laws/federal/codes/united-states-code/title-25/section-5331-grants-to-tribal-organizations-or-tribes--a4eec8649a.md
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Source location: Title 25, Chapter 46, § 5331; chapter-046-indian-self-determination-and-education-assistance.md

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**(a) Request by tribe for contract or grant by Secretary of the Interior for improving, etc., tribal governmental, contracting, and program planning activities** The Secretary of the Interior is authorized, upon the request of any Indian tribe (from funds appropriated for the benefit of Indians pursuant to [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim), and any Act subsequent thereto) to contract with or make a grant or grants to any tribal organization for— (1) the strengthening or improvement of tribal government (including, but not limited to, the development, improvement, and administration of planning, financial management, or merit personnel systems; the improvement of tribally funded programs or activities; or the development, construction, improvement, maintenance, preservation, or operation of tribal facilities or resources); (2) the planning, training, evaluation of other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to [section 5321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) and the additional costs associated with the initial years of operation under such a contract or contracts; or (3) the acquisition of land in connection with items (1) and (2) above: Provided, That in the case of land within Indian country (as defined in chapter 53 of title 18) or which adjoins on at least two sides lands held in trust by the United States for the tribe or for individual Indians, the Secretary of 11 So in original. Probably should be followed by “the”. Interior may (upon request of the tribe) acquire such land in trust for the tribe. **(b) Grants by Secretary of Health and Human Services for development, maintenance, etc., of health facilities or services and improvement of contract capabilities implementing hospital and health facility functions** The Secretary of Health and Human Services may, in accordance with regulations adopted pursuant to [section 5328 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5328&num=0&edition=prelim), make grants to any Indian tribe or tribal organization for— (1) the development, construction, operation, provision, or maintenance of adequate health facilities or services including the training of personnel for such work, from funds appropriated to the Indian Health Service for Indian health services or Indian health facilities; or (2) planning, training, evaluation or other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to section 103 of this Act.22 See References in Text note below. **(c) Use as matching shares for other similar Federal grant programs** The provisions of any other Act notwithstanding, any funds made available to a tribal organization under grants pursuant to this section may be used as matching shares for any other Federal grant programs which contribute to the purposes for which grants under this section are made. **(d) Technical assistance** The Secretary is directed, upon the request of any tribal organization and subject to the availability of appropriations, to provide technical assistance on a nonreimbursable basis to such tribal organization— (1) to develop any new self-determination contract authorized pursuant to this chapter; (2) to provide for the assumption by such tribal organization of any program, or portion thereof, provided for in [section 5321(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321/a/1&num=0&edition=prelim); or (3) to develop modifications to any proposal for a self-determination contract which the Secretary has declined to approve pursuant to [section 5321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim). **(e) Grants for technical assistance and for planning, etc., Federal programs for tribe** The Secretary is authorized, upon the request of an Indian tribe, to make a grant to any tribal organization for— (1) obtaining technical assistance from providers designated by the tribal organization, including tribal organizations that operate mature contracts, for the purposes of program planning and evaluation, including the development of any management systems necessary for contract management, and the development of cost allocation plans for indirect cost rates; and (2) the planning, designing, monitoring, and evaluating of Federal programs serving the tribe, including Federal administrative functions.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5321 — Congressional statement of findings

**(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5321

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5301 — Application of other sections of this chapter

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 450h — Transferred

### Statutory Notes #### Codification Section 450a–1 was editorially reclassified as [section 5303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5303&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450h

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5328 — Grant and cooperative agreements

The provisions of this chapter shall not be subject to the requirements of chapter 63 of title 31: Provided, That a grant agreement or a cooperative agreement may be utilized in lieu of a contract under section 5321 11 See Codification note below. of this title when mutually agreed to by the appropriate Secretary and the tribal organization involved.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 13 — Expenditure of appropriations by Bureau

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:

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 450g — Transferred

### Statutory Notes #### Codification Section 450a was editorially reclassified as [section 5302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5302&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450g

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 458a — Transferred

### Statutory Notes #### Codification Section 450m–1 was editorially reclassified as [section 5331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5331&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5341 — Contract or grant provisions and administration

**(a) Applicability of Federal contracting laws and regulations; waiver of requirements** (1) Notwithstanding any other provision of law, subject to paragraph (3), the contracts and cooperative agreements entered into with tribal organizations pursuant to [section 5321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) shall not be subject to Federal contracting or cooperative agreement laws (including any regulations), except to the extent that such laws expressly apply to Indian tribes. (2) Program standards applicable to a nonconstruction self-determination contract shall be set forth in the contract proposal and the final contract of the tribe or tribal organization. (3) (A) With respect to a construction contract (or a subcontract of such a construction contract), the provisions of division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41 and the regulations relating to acquisitions promulgated under division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41 shall apply only to the extent that the application of such provision 11 So in original. Probably should be “provisions”. to the construction contract (or subcontract) is— (i) necessary to ensure that the contract may be carried out in a satisfactory manner; (ii) directly related to the construction activity; and (iii) not inconsistent with this chapter. (B) A list of the Federal requirements that meet the requirements of clauses (i) through (iii) of subparagraph (A) shall be included in an attachment to the contract pursuant to negotiations between the Secretary and the tribal organization. (C) (i) Except as provided in subparagraph (B), no Federal law listed in clau

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5341

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5342 — Contract funding and indirect costs

**(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

25 U.S.C. § 5373 — Funding agreements

**(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

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