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25 U.S.C. § 5329 — Use of excess funds
Federal law — U.S. Code and appendices · legal_authorities
Beginning in fiscal year 1998 and thereafter, where the actual costs of construction projects under self-determination contracts, compacts, or grants, pursuant to Public Laws 93–638, 103–413, or 100–297, are less than the estimated costs thereof, use of the resulting excess funds shall be determined by the appropriate Secretary after consultation with the tribes.
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Source file: Laws/federal/codes/united-states-code/title-25/section-5329-use-of-excess-funds--aed3a70811.md
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Source location: Title 25, Chapter 46, § 5329; chapter-046-indian-self-determination-and-education-assistance.md
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Beginning in fiscal year 1998 and thereafter, where the actual costs of construction projects under self-determination contracts, compacts, or grants, pursuant to Public Laws 93–638, 103–413, or 100–297, are less than the estimated costs thereof, use of the resulting excess funds shall be determined by the appropriate Secretary after consultation with the tribes.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process.
**(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.
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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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 450l was editorially reclassified as [section 5329 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5329&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 457
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretaries of the Interior and of Health and Human Services to promulgate; time restriction**
(1) Except as may be specifically authorized in this subsection, or in any other provision of this chapter, the Secretary of the Interior and the Secretary of Health and Human Services may not promulgate any regulation, nor impose any nonregulatory requirement, relating to self-determination contracts or the approval, award, or declination of such contracts, except that the Secretary of the Interior and the Secretary of Health and Human Services may promulgate regulations under this chapter relating to chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”, chapter 71 of title 41, declination and waiver procedures, appeal procedures, reassumption procedures, discretionary grant procedures for grants awarded under [section 5322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5322&num=0&edition=prelim), property donation procedures arising under [section 5324(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324/f&num=0&edition=prelim), internal agency procedures relating to the implementation of this chapter, retrocession and tribal organization relinquishment procedures, contract proposal contents, conflicts of interest, construction, programmatic reports and data requirements, procurement standards, property management standards, and financial management standards.
(2)
(A) The regulations promulgated under this chapter, including the regulations referred to in this subsection, shall be promulgated—
(i) in conformance with sections 552 and 553 of title 5 and subsections (c), (d), and (e) of this section; and
(ii) as a single set of regulat
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Terms** Each self-determination contract entered into under this chapter shall—
(1) contain, or incorporate by reference, the provisions of the model agreement described in subsection (c) of this section (with modifications where indicated and the blanks appropriately filled in), and
(2) subject to subsections (a) and (b) of [section 5321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim), contain such other provisions as are agreed to by the parties.
**(b) Payments; Federal records** Notwithstanding any other provision of law, the Secretary may make payments pursuant to section 1(b)(6) of such model agreement. As provided in section 1(b)(7) of the model agreement, the records of the tribal government or tribal organization specified in such section shall not be considered Federal records for purposes of chapter 5 of title 5.
**(c) Model agreement** The model agreement referred to in subsection (a)(1) of this section reads as follows:
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Federal law — U.S. Code and appendices · legal_authorities
Page 744
TITLE 25—INDIANS
§ 5329
1 See References in Text note below.
‘‘(3) Within seven months from October 5, 1988, the
Secretary shall publish proposed regulations in the
Federal Register for the purpose of receiving comments
from tribes and other interested parties.
‘‘(4) Within ten months from October 5, 1988, the Sec-
retary shall promulgate regulations to implement the
provisions of such Act.’’
Subsec. (c). Pub. L. 103–437, § 10(c)(2)(B), substituted
‘‘Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the
House of Representatives’’ for ‘‘Committees on Interior
and Insular Affairs of the United States Senate and
House of Representatives’’.
Subsecs. (d), (e). Pub. L. 103–413, § 105(2), added sub-
secs. (d) and (e).
1990—Subsec. (c). Pub. L. 101–644 inserted ‘‘, with the
participation of Indian tribes and tribal organizations,’’
after ‘‘authorized’’.
1988—Subsec. (a). Pub. L. 100–472, § 207(a), substituted
‘‘Health and Human Services’’ for ‘‘Health, Education,
and Welfare’’, and inserted proviso relating to promul-
gation of Federal requirements for self-determination
contracts as regulations.
Subsec. (b). Pub. L. 100–472, § 207(b), amended subsec.
(b) generally. Prior to amendment, subsec. (b) read as
follows:
‘‘(1) Within six months from January 4, 1975, the Sec-
retary of the Interior and the Secretary of Health and
Human Services shall each to the extent practicable,
consult with national and regional Indian organiza-
tions to consider and formulate appropriate rules and
regulations to implement the provisions of this chap-
ter.
‘‘(2) Within seven months from January 4, 1975, the
Secretary of the Interior and the Secretary of Health
and Human Services shall each present the proposed
ru
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