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25 U.S.C. § 5324 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter, the term—
**(a)** “construction programs” means programs for the planning, design, construction, repair, improvement, and expansion of buildings or facilities, including, but not limited to, housing, law enforcement and detention facilities, sanitation and water systems, roads, schools, administration and health facilities, irrigation and agricultural work, and water conservation, flood control, or port facilities;
**(b)** “contract funding base” means the base level from which contract funding needs are determined, including all contract costs;
**(c)** “direct program costs” means costs that can be identified specifically with a particular contract objective;
**(d)** “Indian” means a person who is a member of an Indian tribe;
**(e)** “Indian tribe” or “Indian Tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [[43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians;
**(f)** “indirect costs” means costs incurred for a common or joint purpose benefiting more than one contract objective, or which are not readily assignable to the contract objectives specifically benefited without effort disproportionate to the results achieved;
**(g)** “indirect cost rate” means the rate arrived at through negotiation between an Indian tribe or tribal organization and the appropriate Federal agency;
**(h)** “mature contract” means a self-d
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Source file: Laws/federal/codes/united-states-code/title-25/section-5324-definitions--f1f6853e8e.md
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Source location: Title 25, Chapter 46, § 5324; chapter-046-indian-self-determination-and-education-assistance.md
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For purposes of this chapter, the term—
**(a)** “construction programs” means programs for the planning, design, construction, repair, improvement, and expansion of buildings or facilities, including, but not limited to, housing, law enforcement and detention facilities, sanitation and water systems, roads, schools, administration and health facilities, irrigation and agricultural work, and water conservation, flood control, or port facilities;
**(b)** “contract funding base” means the base level from which contract funding needs are determined, including all contract costs;
**(c)** “direct program costs” means costs that can be identified specifically with a particular contract objective;
**(d)** “Indian” means a person who is a member of an Indian tribe;
**(e)** “Indian tribe” or “Indian Tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [[43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians;
**(f)** “indirect costs” means costs incurred for a common or joint purpose benefiting more than one contract objective, or which are not readily assignable to the contract objectives specifically benefited without effort disproportionate to the results achieved;
**(g)** “indirect cost rate” means the rate arrived at through negotiation between an Indian tribe or tribal organization and the appropriate Federal agency;
**(h)** “mature contract” means a self-determination contract that has been continuously operated by a tribal organization for three or more years, and for which there are no significant and material audit exceptions in the annual financial audit of the tribal organization: Provided, That upon the request of a tribal organization or the tribal organization’s Indian tribe for purposes of [section 5321(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321/a&num=0&edition=prelim), a contract of the tribal organization which meets this definition shall be considered to be a mature contract;
**(i)** “Secretary”, unless otherwise designated, means either the Secretary of Health and Human Services or the Secretary of the Interior or both;
**(j)** “self-determination contract” means a contract entered into under subchapter I (or a grant or cooperative agreement used under [section 5308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5308&num=0&edition=prelim)) between a Tribal organization and the appropriate Secretary for the planning, conduct, and administration of programs or services that are otherwise provided to Indian Tribes and members of Indian Tribes pursuant to Federal law, subject to the condition that, except as provided in [section 5324(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324/a/3&num=0&edition=prelim), no contract entered into under subchapter I (or grant or cooperative agreement used under [section 5308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5308&num=0&edition=prelim)) shall be—
(1) considered to be a procurement contract; or
(2) except as provided in [section 5328(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5328/a/1&num=0&edition=prelim), subject to any Federal procurement law (including regulations);
**(k)** “State education agency” means the State board of education or other agency or officer primarily responsible for supervision by the State of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law;
**(l)** “Tribal organization” or “tribal organization” means the recognized governing body of any Indian tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities: Provided, That in any case where a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant; and
**(m)** “construction contract” means a fixed-price or cost-reimbursement self-determination contract for a construction project, except that such term does not include any contract—
(1) that is limited to providing planning services and construction management services (or a combination of such services);
(2) for the Housing Improvement Program or roads maintenance program of the Bureau of Indian Affairs administered by the Secretary of the Interior; or
(3) for the health facility maintenance and improvement program administered by the Secretary of Health and Human Services.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** As soon as practicable after December 27, 2000, the Secretary of the Interior shall establish, under the laws of the District of Columbia and in accordance with this subchapter, a foundation to be known as the “National Fund for Excellence in American Indian Education” (hereinafter referred to as the “Foundation”).
**(b) Perpetual existence** Except as otherwise provided, the Foundation shall have perpetual existence.
**(c) Nature of corporation** The Foundation shall be a charitable and nonprofit federally chartered corporation and shall not be an agency or instrumentality of the United States.
**(d) Place of incorporation and domicile** The Foundation shall be incorporated and domiciled in the District of Columbia.
**(e) Purposes** The purposes of the Foundation shall be—
(1) to encourage, accept, and administer private gifts of real and personal property or any income therefrom or other interest therein for the benefit of, or in support of, the mission of the Office of Indian Education Programs of the Bureau of Indian Affairs (or its successor office);
(2) to undertake and conduct such other activities as will further the educational opportunities of American Indians who attend a Bureau funded school; and
(3) to participate with, and otherwise assist, Federal, State, and tribal governments, agencies, entities, and individuals in undertaking and conducting activities that will further the educational opportunities of American Indians attending Bureau funded schools.
**(f) Board of Directors**
(1) **In general** — The Board of Directors shall be the governing body of the Foundation. The Board may exercise, or provide for the exercise of, the powers of the Foundation.
(2) **Selection** — The number of members of the Board, the manner of thei
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5308
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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 458bbb–2, Pub. L. 93–638, title V, § 503, as added Pub. L. 106–568, title XIII, § 1302, Dec. 27, 2000, 114 Stat. 2938, was renumbered section 803 of Pub. L. 93–638 and transferred to [section 458ddd–2 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section458ddd-2&num=0&edition=prelim) prior to editorial reclassification as [section 5423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5423&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450b
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Federal law — U.S. Code and appendices · legal_authorities
Congress finds and declares that—
**(a)** there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims;
**(b)** the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska;
**(c)** no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or 11 So in original. Probably should be “of”. Alaska to protect and promote the rights or welfare of Natives as citizens of the United States or of Alaska; the Secretary is authorized and directed, together with other appropriate agencies of the United States Government, to make a study of all Federal programs primarily designed to benefit Native people and to report back to the Congress with his recommendations for the future management and operation of these programs within three years of December 18, 1971;
**(d)** no provision of this chapter shall constitute a precedent for reopening, renegotiating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The grant provided under this chapter to an Indian tribe or tribal organization for any fiscal year shall consist of—
(1) the total amount of funds allocated for such fiscal year under sections 1127 and 1128 of the Education Amendments of 1978 [[25 U.S.C. 2007](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2007&num=0&edition=prelim), 2008] with respect to the tribally controlled schools eligible for assistance under this chapter which are operated by such Indian tribe or tribal organization, including, but not limited to, funds provided under such sections, or under any other provision of law, for transportation costs;
(2) to the extent requested by such Indian tribe or tribal organization, the total amount of funds provided from operations and maintenance accounts and, notwithstanding [section 5324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324&num=0&edition=prelim), or any other provision of law, other facilities accounts for such schools for such fiscal year (including but not limited to those referenced under section 1126(d) of the Education Amendments of 1978 [[25 U.S.C. 2006(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2006/d&num=0&edition=prelim)] or any other law); and
(3) the total amount of funds that are allocated to such schools for such fiscal year under—
(A) title I of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim) et seq.];
(B) the Individuals with Disabilities Education Act [[20 U.S.C. 1400](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1400&num=0&edition=prelim)
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2503
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Certain provisions to apply to grants** The following provisions of the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.] (and any subsequent revisions thereto or renumbering thereof), shall apply to grants provided under this chapter:
(1) Section 5(f) [[25 U.S.C. 5305(f)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5305/f&num=0&edition=prelim)] (relating to single agency audit).
(2) Section 6 [[25 U.S.C. 5306](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5306&num=0&edition=prelim)] (relating to criminal activities; penalties).
(3) Section 7 [[25 U.S.C. 5307](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5307&num=0&edition=prelim)] (relating to wage and labor standards).
(4) Section 104 [[25 U.S.C. 5323](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5323&num=0&edition=prelim)] (relating to retention of Federal employee coverage).
(5) Section 105(f) [[25 U.S.C. 5324(f)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324/f&num=0&edition=prelim)] (relating to Federal property).
(6) Section 105(k) [[25 U.S.C. 5324(k)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324/k&num=0&edition=prelim)] (relating to access to Federal sources of supply).
(7) Section 105(l) [[25 U.S.C. 5324](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324&num=0&edition=prelim)(l)] (relating to lease of facility used for administration and delivery of services).
(8) Section 106(f) [[25 U.S.C. 5325(f)](https://uscode.house.gov/view.xhtml?req=granu
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2507
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 450j was editorially reclassified as [section 5324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 452
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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
**(a) In general** Indian Tribes participating in Tribal self-governance may carry out any construction project included in a compact or funding agreement under this subchapter.
**(b) Tribal option to carry out certain Federal environmental activities** In carrying out a construction project under this subchapter, an Indian Tribe may, subject to the agreement of the Secretary, elect to assume some Federal responsibilities under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.), division A of subtitle III of title 54, and related provisions of other law and regulations that would apply if the Secretary were to undertake a construction project, by adopting a resolution—
(1) designating a certifying Tribal officer to represent the Indian Tribe and to assume the status of a responsible Federal official under those Acts, laws, or regulations; and
(2) accepting the jurisdiction of the United States courts for the purpose of enforcing the responsibilities of the certifying Tribal officer assuming the status of a responsible Federal official under those Acts, laws, or regulations.
**(c) Savings clause** Notwithstanding subsection (b), nothing in this section authorizes the Secretary to include in any compact or funding agreement duties of the Secretary under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.), division A of subtitle III of title 54, and other related provisions of law that are inherent Federal functions.
**(d) Codes and standards** In carrying out a construction project under this subchapter, an Indian Tribe sh
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5377
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Federal law — U.S. Code and appendices · legal_authorities
Page 732
TITLE 25—INDIANS
§ 5324
1 So in original. Probably should be ‘‘provisions’’.
1988—Subsecs. (a), (b). Pub. L. 100–472, § 203(b), (c),
amended subsecs. (a) and (b). See Codification note
above.
Subsec. (e). Pub. L. 100–472, § 203(d), (e), in introduc-
tory provisions, substituted ‘‘Notwithstanding the pro-
visions of sections 8347(o), 8713, and 8914 of title 5’’ for
‘‘Notwithstanding any other law’’ and struck out ‘‘on
or before December 31, 1988’’ after ‘‘title 43’’, and in par.
(2), inserted ‘‘or chapter 84 (‘Federal Employees Retire-
ment System’)’’. Notwithstanding directory language
that the substitution of ‘‘Notwithstanding the provi-
sions of sections 8347(o), 8713, and 8914 of title 5’’ be
made in par. (2) of subsec. (e), the substitution was
made in introductory provisions of subsec. (e) to reflect
the probable intent of Congress because the language
replaced appeared only in those introductory provi-
sions.
Subsecs. (k), (l). Pub. L. 100–472, § 203(f), added sub-
secs. (k) and (l). See Codification note above.
Subsec. (m). Pub. L. 100–472, § 203(f), added subsec.
(m).
1985—Subsec. (e). Pub. L. 99–221 substituted ‘‘1988’’ for
‘‘1985’’.
1983—Subsec. (e). Pub. L. 89–702, § 210(a), as added by
Pub. L. 98–129, inserted ‘‘, the city of St. Paul, Alaska,
the city of St. George, Alaska, upon incorporation, or
the Village Corporations of St. Paul and St. George Is-
lands established pursuant to section 1607 of title 43’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2007 AMENDMENT
Pub. L. 110–81, title I, § 105(d), Sept. 14, 2007, 121 Stat.
741, provided that: ‘‘The amendments made by section
104 [amending this section and section 207 of Title 18,
Crimes and Criminal Procedure] shall take effect on
the date of the enactme
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5324
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