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25 U.S.C. § 5363 — Reimbursement to school districts for educating non-resident students
Federal law — U.S. Code and appendices · legal_authorities
Any school district educating Indian students who are members of recognized Indian tribes, who do not normally reside in the State in which such school district is located, and who are residing in Federal boarding facilities for the purposes of attending public schools within such district may, in the discretion of the Secretary of the Interior, be reimbursed by him for the full per capita costs of educating such Indian students.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5363
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Stable record: federal_law:legal_authorities:record_usc_475b0b2103939d4a109462ff
Source file: Laws/federal/codes/united-states-code/title-25/section-5363-reimbursement-to-school-districts-for-educating-non-resident-students--c3726762c3.md
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Source location: Title 25, Chapter 46, § 5363; chapter-046-indian-self-determination-and-education-assistance.md
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Any school district educating Indian students who are members of recognized Indian tribes, who do not normally reside in the State in which such school district is located, and who are residing in Federal boarding facilities for the purposes of attending public schools within such district may, in the discretion of the Secretary of the Interior, be reimbursed by him for the full per capita costs of educating such Indian students.
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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
### Statutory Notes
#### Codification
Section 458cc was editorially reclassified as [section 5363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5363&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 458aaa–4
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Federal law — U.S. Code and appendices · legal_authorities
**(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
In this subchapter:
(1) **Compact** — The term “compact” means a self-governance compact entered into under [section 5364 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5364&num=0&edition=prelim).
(2) **Construction program; construction project** — The term “construction program” or “construction project” means a Tribal undertaking relating to the administration, planning, environmental determination, design, construction, repair, improvement, or expansion of roads, bridges, buildings, structures, systems, or other facilities for purposes of housing, law enforcement, detention, sanitation, water supply, education, administration, community, health, irrigation, agriculture, conservation, flood control, transportation, or port facilities, or for other Tribal purposes.
(3) **Department** — The term “Department” means the Department of the Interior.
(4) **Funding agreement** — The term “funding agreement” means a funding agreement entered into under [section 5363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5363&num=0&edition=prelim).
(5) **Gross mismanagement** — The term “gross mismanagement” means a significant violation, shown by a preponderance of the evidence, of a compact, funding agreement, or statutory or regulatory requirement applicable to Federal funds for a program administered by an Indian Tribe under a compact or funding agreement.
(6) **Inherent Federal function** — The term “inherent Federal function” means a Federal function that may not legally be delegated to an Indian Tribe.
(7) **Non-BIA program** — The term “non-BIA program” means all or a portion of a program, function, service, or activity that is administered by any bureau, service, office, or agency o
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5371
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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
Page 762
TITLE 25—INDIANS
§ 5363
1 See References in Text note below.
(F) Return to mature contract status
If an Indian Tribe elects to operate all or
some programs carried out under a compact
or funding agreement under this subchapter
through a self-determination contract under
subchapter I, at the option of the Indian
Tribe, the resulting self-determination con-
tract shall be a mature self-determination
contract as long as the Indian Tribe meets
the requirements set forth in section 5304(h)
of this title.
(c) Eligibility
To be eligible to participate in self-govern-
ance, an Indian Tribe shall—
(1) successfully complete the planning phase
described in subsection (d);
(2) request participation in self-governance
by resolution or other official action by the
Tribal governing body; and
(3) demonstrate, for the 3 fiscal years pre-
ceding the date on which the Indian Tribe re-
quests participation, financial stability and fi-
nancial management capability as evidenced
by the Indian Tribe having no uncorrected sig-
nificant and material audit exceptions in the
required annual audit of its self-determination
or self-governance agreements with any Fed-
eral agency.
(d) Planning phase
(1) In general
An Indian Tribe seeking to begin participa-
tion in self-governance shall complete a plan-
ning phase as provided in this subsection.
(2) Activities
The planning phase shall—
(A) be conducted to the satisfaction of the
Indian Tribe; and
(B) include—
(i) legal and budgetary research; and
(ii) internal Tribal government planning,
training, and organizational preparation.
(e) Grants
(1) In general
Subject to the availability of appropriations,
an Indian Tribe or Tribal organization that
meets the requirements of paragraphs (2) and
(3) of subsection
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5363
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.