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25 U.S.C. § 5361 — Contracts for education in public schools; submission of education plan by contractor as prerequisite; criteria for approval of plan by Secretary of the Interior; participation by non-Indian students
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior shall not enter into any contract for the education of Indians unless the prospective contractor has submitted to, and has had approved by the Secretary of the Interior, an education plan, which plan, in the determination of the Secretary, contains educational objectives which adequately address the educational needs of the Indian students who are to be beneficiaries of the contract and assures that the contract is capable of meeting such objectives: Provided, That where students other than Indian students participate in such programs, money expended under such contract shall be prorated to cover the participation of only the Indian students.
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Stable record: federal_law:legal_authorities:record_usc_51e920a33fd4e38623d68a9c
Source file: Laws/federal/codes/united-states-code/title-25/section-5361-contracts-for-education-in-public-schools-submission-of-education-plan-b--41c0b151fe.md
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Source location: Title 25, Chapter 46, § 5361; chapter-046-indian-self-determination-and-education-assistance.md
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The Secretary of the Interior shall not enter into any contract for the education of Indians unless the prospective contractor has submitted to, and has had approved by the Secretary of the Interior, an education plan, which plan, in the determination of the Secretary, contains educational objectives which adequately address the educational needs of the Indian students who are to be beneficiaries of the contract and assures that the contract is capable of meeting such objectives: Provided, That where students other than Indian students participate in such programs, money expended under such contract shall be prorated to cover the participation of only the Indian students.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 450j–3 was editorially reclassified as [section 5327 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5327&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 455
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grant authority**
(1) **In general** — Subject to the availability of appropriations, the Secretary shall provide financial assistance to any city government, village corporation, or tribal council of St. George, Alaska, or St. Paul, Alaska.
(2) **Use for matching** — Notwithstanding any other provision of law relating to matching funds, funds provided by the Secretary as assistance under this subsection may be used by the entity as non-Federal matching funds under any Federal program that requires such matching funds.
(3) **Restriction on use** — The Secretary may not use financial assistance authorized by this chapter—
(A) to settle any debt owed to the United States;
(B) for administrative or overhead expenses; or
(C) for contributions sought or required from any person for costs or fees to clean up any matter that was caused or contributed to by such person on or after March 15, 2000.
(4) **Funding instruments and procedures** — In providing assistance under this subsection the Secretary shall transfer any funds appropriated to carry out this section to the Secretary of the Interior, who shall obligate such funds through instruments and procedures that are equivalent to the instruments and procedures required to be used by the Bureau of Indian Affairs pursuant to title IV of the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5361](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5361&num=0&edition=prelim) et seq.].
(5) **Pro rata distribution of assistance** — In any fiscal year for which less than all of the funds authorized under subsection (c)(1) are appropriated, such funds shall be distributed under this subsection on a pro rata basis among the entities referred to in subsection (c)(1) in the sa
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1166
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458aa was editorially reclassified as [section 5361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5361&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 458aaa–2
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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
**(a) Request by tribe; authorized programs**
(1) The Secretary is directed, upon the request of any Indian tribe by tribal resolution, to enter into a self-determination contract or contracts with a tribal organization to plan, conduct, and administer programs or portions thereof, including construction programs—
(A) provided for in the Act of April 16, 1934 (48 Stat. 596), as amended [[25 U.S.C. 5342](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5342&num=0&edition=prelim) et seq.];
(B) which the Secretary is authorized to administer for the benefit of Indians under the Act of November 2, 1921 (42 Stat. 208) [[25 U.S.C. 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim)], and any Act subsequent thereto;
(C) provided by the Secretary of Health and Human Services under the Act of August 5, 1954 (68 Stat. 674), as amended [[42 U.S.C. 2001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2001&num=0&edition=prelim) et seq.];
(D) administered by the Secretary for the benefit of Indians for which appropriations are made to agencies other than the Department of Health and Human Services or the Department of the Interior; and
(E) for the benefit of Indians because of their status as Indians without regard to the agency or office of the Department of Health and Human Services or the Department of the Interior within which it is performed.
The programs, functions, services, or activities that are contracted under this paragraph shall include administrative functions of the Department of the Interior and the Department of Health and Human Services (whichever is applicable) that support the delivery of services to Indians, including those administrative
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5330
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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) Trust evaluations** A funding agreement shall include a provision to monitor the performance of trust functions by the Indian Tribe through the annual trust evaluation.
**(b) Reassumption**
(1) **In general** — A compact or funding agreement shall include provisions for the Secretary to reassume a program and associated funding if there is a specific finding relating to that program of—
(A) imminent jeopardy to a trust asset, a natural resource, or public health and safety that—
(i) is caused by an act or omission of the Indian Tribe; and
(ii) arises out of a failure to carry out the compact or funding agreement; or
(B) gross mismanagement with respect to funds transferred to an Indian Tribe under a compact or funding agreement, as determined by the Secretary in consultation with the Inspector General, as appropriate.
(2) **Prohibition** — The Secretary shall not reassume operation of a program, in whole or part, unless—
(A) the Secretary first provides written notice and a hearing on the record to the Indian Tribe; and
(B) the Indian Tribe does not take corrective action to remedy the mismanagement of the funds or programs, or the imminent jeopardy to a trust asset, natural resource, or public health and safety.
(3) **Exception**
(A) *In general* — Notwithstanding paragraph (2), the Secretary may, on written notice to the Indian Tribe, immediately reassume operation of a program if—
(i) the Secretary makes a finding of imminent and substantial jeopardy and irreparable harm to a trust asset, a natural resource, or the public health and safety caused by an act or omission of the Indian Tribe; and
(ii) the imminent and substantial jeopardy and irreparable harm to the trust asset, natural resource, or public health and safety ar
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5376
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** At the request of the governing body of an Indian Tribe and under the terms of an applicable funding agreement, the Secretary shall provide funding to the Indian Tribe to carry out the funding agreement.
**(b) Advance annual payment** At the option of the Indian Tribe, a funding agreement shall provide for an advance annual payment to an Indian Tribe.
**(c) Amount**
(1) **In general** — Subject to subsection (e) and sections 5363 and 5365 of this title, the Secretary shall provide funds to the Indian Tribe under a funding agreement for programs in an amount that is equal to the amount that the Indian Tribe would have been entitled to receive under contracts and grants under this chapter (including amounts for direct program and contract support costs and, in addition, any funds that are specifically or functionally related to the provision by the Secretary of services and benefits to the Indian Tribe or its members) without regard to the organization level within the Department at which the programs are carried out.
(2) **Savings clause** — Nothing in this section reduces programs, services, or funds of, or provided to, another Indian Tribe.
**(d) Timing**
(1) **In general** — Pursuant to the terms of any compact or funding agreement entered into under this subchapter, the Secretary shall transfer to the Indian Tribe all funds provided for in the funding agreement, pursuant to subsection (c), and provide funding for periods covered by joint resolution adopted by Congress making continuing appropriations, to the extent permitted by such resolution.
(2) **Transfers** — Not later than 1 year after October 21, 2020, in any instance in which a funding agreement requires an annual transfer of funding to be made at the beginning of a fiscal year or re
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5381
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as otherwise provided by law (including section 101(a) of the PROGRESS for Indian Tribes Act), the Secretary shall interpret each Federal law and regulation in a manner that facilitates—
(1) the inclusion of programs in funding agreements; and
(2) the implementation of funding agreements.
**(b) Regulation waiver**
(1) **Request** — An Indian Tribe may submit to the Secretary a written request for a waiver of applicability of a Federal regulation, including—
(A) an identification of the specific text in the regulation sought to be waived; and
(B) the basis for the request.
(2) **Determination by the secretary** — Not later than 120 days after receipt by the Secretary and the designated officials under paragraph (4) of a request under paragraph (1), the Secretary shall approve or deny the requested waiver in writing to the Indian Tribe.
(3) **Extensions** — The deadline described in paragraph (2) may be extended for any length of time, as agreed upon by both the Indian Tribe and the Secretary.
(4) **Designated officials** — The Secretary shall designate one or more appropriate officials in the Department to receive a copy of the waiver request described in paragraph (1).
(5) **Grounds for denial** — The Secretary may deny a request under paragraph (1) upon a specific finding by the Secretary that the identified text in the regulation may not be waived because such a waiver is prohibited by Federal law.
(6) **Failure to make determination** — If the Secretary fails to make a determination with respect to a waiver request within the period specified in paragraph (2) (including any extension agreed to under paragraph (3)), the Secretary shall be deemed to have agreed to the request, except that for a waiver request relating to program
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5382
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as otherwise provided in section 201(d) of the PROGRESS for Indian Tribes Act, at the option of a participating Indian Tribe or Indian Tribes, any of the provisions of subchapter I may be incorporated in any compact or funding agreement under this subchapter. The inclusion of any such provision shall be subject to, and shall not conflict with, section 101(a) of such Act.
**(b) Effect** Each incorporated provision under subsection (a) shall—
(1) have the same force and effect as if set out in full in this subchapter;
(2) supplement or replace any related provision in this subchapter; and
(3) apply to any agency otherwise governed by this subchapter.
**(c) Effective date** If an Indian Tribe requests incorporation at the negotiation stage of a compact or funding agreement, the incorporation shall—
(1) be effective immediately; and
(2) control the negotiation and resulting compact and funding agreement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5383
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