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25 U.S.C. § 5367 — Availability of funds to agencies, institutions, and organizations
Federal law — U.S. Code and appendices · legal_authorities
No funds from any contract or grant pursuant to this subchapter shall be made available by any Federal agency directly to other than public agencies and Indian tribes, institutions, and organizations: Provided, That school districts, State education agencies, and Indian tribes, institutions, and organizations assisted by this subchapter may use funds provided herein to contract for necessary services with any appropriate individual, organization, or corporation.
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Source file: Laws/federal/codes/united-states-code/title-25/section-5367-availability-of-funds-to-agencies-institutions-and-organizations--1e1d7d8d62.md
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Source location: Title 25, Chapter 46, § 5367; chapter-046-indian-self-determination-and-education-assistance.md
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No funds from any contract or grant pursuant to this subchapter shall be made available by any Federal agency directly to other than public agencies and Indian tribes, institutions, and organizations: Provided, That school districts, State education agencies, and Indian tribes, institutions, and organizations assisted by this subchapter may use funds provided herein to contract for necessary services with any appropriate individual, organization, or corporation.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 450n was editorially reclassified as [section 5332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5332&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 458b
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458gg was editorially reclassified as [section 5367 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5367&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 458aaa–8
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability** An Indian Tribe and the Secretary shall include in any compact or funding agreement provisions that reflect the requirements of this subchapter.
**(b) Conflicts of interest** An Indian Tribe participating in self-governance shall ensure that internal measures are in place to address, pursuant to Tribal law and procedures, conflicts of interest in the administration of programs.
**(c) Audits**
(1) **Single Agency Audit Act** — Chapter 75 of title 31 shall apply to a funding agreement under this subchapter.
(2) **Cost principles** — An Indian Tribe shall apply cost principles under the applicable Office of Management and Budget circular, except as modified by—
(A) any provision of law, including [section 5325 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5325&num=0&edition=prelim); or
(B) any exemptions to applicable Office of Management and Budget circulars subsequently granted by the Office of Management and Budget.
(3) **Federal claims** — Any claim by the Federal Government against an Indian Tribe relating to funds received under a funding agreement based on any audit under this subsection shall be subject to [section 5325(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5325/f&num=0&edition=prelim).
**(d) Redesign and consolidation** Except as provided in [section 5367 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5367&num=0&edition=prelim), an Indian Tribe may redesign or consolidate programs, or reallocate funds for programs, in a compact or funding agreement in any manner that the Indian Tribe determines to be in the best interest of the Indian community being served—
(1) so long as the redesign o
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5375
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Promulgation** — Not later than 90 days after October 21, 2020, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and promulgate such regulations as are necessary to carry out this subchapter.
(2) **Publication of proposed regulations** — Proposed regulations to implement this subchapter shall be published in the Federal Register not later than 38 months after October 21, 2020.
(3) **Expiration of authority** — The authority to promulgate regulations under paragraph (1) shall expire on the date that is 50 months after October 21, 2020.
**(b) Committee**
(1) **Membership** — A negotiated rulemaking committee established pursuant to [section 565 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section565&num=0&edition=prelim) to carry out this section shall have as its members only representatives of the Federal Government and Tribal government.
(2) **Lead agency** — Among the Federal representatives described in paragraph (1), the Office of Self-Governance shall be the lead agency for the Department.
**(c) Adaptation of procedures** The Secretary shall adapt the negotiated rulemaking procedures to the unique context of self-governance and the government-to-government relationship between the United States and Indian Tribes.
**(d) Effect**
(1) **Repeal** — The Secretary may repeal any regulation that is inconsistent with this chapter.
(2) **Conflicting provisions** — Subject to section 101(a) of the PROGRESS for Indian Tribes Act and except with respect to programs described under [section 5363(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5363/c&num=0&edition=prelim), this subchapter shall supersede any conflict
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5386
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Federal law — U.S. Code and appendices · legal_authorities
Page 769
TITLE 25—INDIANS
§ 5367
United States with respect to Indian Tribes and
individual Indians that exists under treaties,
Executive orders, other laws, or court decisions.
(h) Decision maker
A decision that constitutes final agency ac-
tion and relates to an appeal within the Depart-
ment conducted under subsection (c)(6)(A)(iii)
may be made by—
(1) an official of the Department who holds a
position at a higher organizational level with-
in the Department than the level of the de-
partmental agency in which the decision that
is the subject of the appeal was made; or
(2) an administrative law judge.
(i) Rules of construction
Subject to section 101(a) of the PROGRESS for
Indian Tribes Act, each provision of this sub-
chapter and each provision of a compact or fund-
ing agreement shall be liberally construed for
the benefit of the Indian Tribe participating in
self-governance, and any ambiguity shall be re-
solved in favor of the Indian Tribe.
(Pub. L. 93–638, title IV, § 406, as added Pub. L.
116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat.
866.)
REFERENCES IN TEXT
Section 101(a) of the PROGRESS for Indian Tribes
Act, referred to in subsec. (i), is section 101(a) of Pub.
L. 116–180, which is set out as a note under section 5361
of this title.
Editorial Notes
PRIOR PROVISIONS
A prior section 5366, Pub. L. 93–638, title IV, § 406, as
added Pub. L. 103–413, title II, § 204, Oct. 25, 1994, 108
Stat. 4277; amended Pub. L. 105–277, div. A, § 101(e) [title
I, § 133], Oct. 21, 1998, 112 Stat. 2681–231, 2681–264, set out
disclaimers regarding construction of provisions of this
chapter and subchapter. Such ection was formerly clas-
sified to section 458ff of this title prior to editorial re-
classification and renumbering as section 5366.
§ 53
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5367
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