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25 U.S.C. § 5362 — Local committee of Indian parents in school districts having school boards composed of non-Indian majority
Federal law — U.S. Code and appendices · legal_authorities
**(a) Election; functions** Whenever a school district affected by a contract or contracts for the education of Indians pursuant to sections 5342 to 5348 of this title has a local school board not composed of a majority of Indians, the parents of the Indian children enrolled in the school or schools affected by such contract or contracts shall elect a local committee from among their number. Such committee shall fully participate in the development of, and shall have the authority to approve or disapprove programs to be conducted under such contract or contracts, and shall carry out such other duties, and be so structured, as the Secretary of the Interior shall by regulation provide: Provided, however, That, whenever a local Indian committee or committees established pursuant to [section 7424(c)(4) of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7424/c/4&num=0&edition=prelim) or an Indian advisory school board or boards established pursuant to sections 5342 to 5348 of this title prior to January 4, 1975, exists in such school district, such committee or board may, in the discretion of the affected tribal governing body or bodies, be utilized for the purposes of this section.
**(b) Revocation of contracts** The Secretary of the Interior may, in his discretion, revoke any contract if the contractor fails to permit a local committee to perform its duties pursuant to subsection (a) of this section.
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Stable record: federal_law:legal_authorities:record_usc_57453aec14730c58374622c8
Source file: Laws/federal/codes/united-states-code/title-25/section-5362-local-committee-of-indian-parents-in-school-districts-having-school-boar--477568482f.md
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Source location: Title 25, Chapter 46, § 5362; chapter-046-indian-self-determination-and-education-assistance.md
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**(a) Election; functions** Whenever a school district affected by a contract or contracts for the education of Indians pursuant to sections 5342 to 5348 of this title has a local school board not composed of a majority of Indians, the parents of the Indian children enrolled in the school or schools affected by such contract or contracts shall elect a local committee from among their number. Such committee shall fully participate in the development of, and shall have the authority to approve or disapprove programs to be conducted under such contract or contracts, and shall carry out such other duties, and be so structured, as the Secretary of the Interior shall by regulation provide: Provided, however, That, whenever a local Indian committee or committees established pursuant to [section 7424(c)(4) of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7424/c/4&num=0&edition=prelim) or an Indian advisory school board or boards established pursuant to sections 5342 to 5348 of this title prior to January 4, 1975, exists in such school district, such committee or board may, in the discretion of the affected tribal governing body or bodies, be utilized for the purposes of this section.
**(b) Revocation of contracts** The Secretary of the Interior may, in his discretion, revoke any contract if the contractor fails to permit a local committee to perform its duties pursuant to subsection (a) of this section.
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6301
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 450k was editorially reclassified as [section 5328 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5328&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 456
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458bb was editorially reclassified as [section 5362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5362&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 458aaa–3
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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
Page 760
TITLE 25—INDIANS
§ 5362
Editorial Notes
CODIFICATION
Section was formerly classified to section 458aa of
this title prior to editorial reclassification and renum-
bering as this section.
AMENDMENTS
2020—Pub. L. 116–180 amended section generally. Prior
to amendment, section related to establishment of a
Tribal Self-Governance program. See section 5362 of
this title.
Statutory Notes and Related Subsidiaries
SHORT TITLE
For short title of this subchapter as the ‘‘Tribal Self-
Governance Act of 1994’’, see section 201 of Pub. L.
103–413, set out as a Short Title of 1994 Amendment
note under section 5301 of this title.
CONSTRUCTION OF 2020 AMENDMENT
Pub. L. 116–180, title I, § 101(a), Oct. 21, 2020, 134 Stat.
857, provided that: ‘‘Nothing in this Act [see Short
Title of 2020 Amendment note set out under section 5301
of this title], or the amendments made by this Act,
shall be construed—
‘‘(1) to modify, limit, expand, or otherwise affect—
‘‘(A) the authority of the Secretary of the Inte-
rior, as provided for under the Indian Self-Deter-
mination and Education Assistance Act [25 U.S.C.
5301 et seq.] (as in effect on the day before the date
of enactment of this Act [Oct. 21, 2020]), regarding—
‘‘(i) the inclusion of any non-BIA program (as
defined in section 401 of the Indian Self-Deter-
mination and Education Assistance Act [25 U.S.C.
5361]) in a self-determination contract or funding
agreement under section 403(c) of such Act [25
U.S.C. 5363(c)] (as so in effect); or
‘‘(ii) the implementation of any contract or
agreement described in clause (i) that is in effect
on the day described in subparagraph (A);
‘‘(B) the meaning, application, or effect of any
Tribal water rights settlement, including the per-
formance required of a party theret
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5362
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