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25 U.S.C. § 5328 — Grant and cooperative agreements
Federal law — U.S. Code and appendices · legal_authorities
The provisions of this chapter shall not be subject to the requirements of chapter 63 of title 31: Provided, That a grant agreement or a cooperative agreement may be utilized in lieu of a contract under section 5321 11 See Codification note below. of this title when mutually agreed to by the appropriate Secretary and the tribal organization involved.
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Source file: Laws/federal/codes/united-states-code/title-25/section-5328-grant-and-cooperative-agreements--0cef096923.md
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Source location: Title 25, Chapter 46, § 5328; chapter-046-indian-self-determination-and-education-assistance.md
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The provisions of this chapter shall not be subject to the requirements of chapter 63 of title 31: Provided, That a grant agreement or a cooperative agreement may be utilized in lieu of a contract under section 5321 11 See Codification note below. of this title when mutually agreed to by the appropriate Secretary and the tribal organization involved.
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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) 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 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
**(a) Request by tribe for contract or grant by Secretary of the Interior for improving, etc., tribal governmental, contracting, and program planning activities** The Secretary of the Interior is authorized, upon the request of any Indian tribe (from funds appropriated for the benefit of Indians pursuant to [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim), and any Act subsequent thereto) to contract with or make a grant or grants to any tribal organization for—
(1) the strengthening or improvement of tribal government (including, but not limited to, the development, improvement, and administration of planning, financial management, or merit personnel systems; the improvement of tribally funded programs or activities; or the development, construction, improvement, maintenance, preservation, or operation of tribal facilities or resources);
(2) the planning, training, evaluation of other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to [section 5321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) and the additional costs associated with the initial years of operation under such a contract or contracts; or
(3) the acquisition of land in connection with items (1) and (2) above: Provided, That in the case of land within Indian country (as defined in chapter 53 of title 18) or which adjoins on at least two sides lands held in trust by the United States for the tribe or for individual Indians, the Secretary of 11 So in original. Probably should be followed by “the”. Interior may (upon request of the tribe) acquire such land in trust for the tribe.
**(b) Grant
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5331
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of Federal contracting laws and regulations; waiver of requirements**
(1) Notwithstanding any other provision of law, subject to paragraph (3), the contracts and cooperative agreements entered into with tribal organizations pursuant to [section 5321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) shall not be subject to Federal contracting or cooperative agreement laws (including any regulations), except to the extent that such laws expressly apply to Indian tribes.
(2) Program standards applicable to a nonconstruction self-determination contract shall be set forth in the contract proposal and the final contract of the tribe or tribal organization.
(3)
(A) With respect to a construction contract (or a subcontract of such a construction contract), the provisions of division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41 and the regulations relating to acquisitions promulgated under division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41 shall apply only to the extent that the application of such provision 11 So in original. Probably should be “provisions”. to the construction contract (or subcontract) is—
(i) necessary to ensure that the contract may be carried out in a satisfactory manner;
(ii) directly related to the construction activity; and
(iii) not inconsistent with this chapter.
(B) A list of the Federal requirements that meet the requirements of clauses (i) through (iii) of subparagraph (A) shall be included in an attachment to the contract pursuant to negotiations between the Secretary and the tribal organization.
(C)
(i) Except as provided in subparagraph (B), no Federal law listed in clau
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5341
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Federal law — U.S. Code and appendices · legal_authorities
Page 742
TITLE 25—INDIANS
§ 5327
1 See References in Text note below.
and also as part of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999, and
not as part of the Indian Self-Determination and Edu-
cation Assistance Act which comprises this chapter.
Section was formerly classified to section 450j–2 of
this title prior to editorial reclassification and renum-
bering as this section.
§ 5327. Department of the Interior: availability of
funds for Indian self-determination or self-
governance contract or grant support costs
Notwithstanding any other provision of law,
including but not limited to the Indian Self-De-
termination Act of 1975, as amended [25 U.S.C.
5321 et seq.], on and after November 29, 1999,
funds available to the Department of the Inte-
rior for Indian self-determination or self-govern-
ance contract or grant support costs may be ex-
pended only for costs directly attributable to
contracts, grants and compacts pursuant to the
Indian Self-Determination Act of 1975 and on
and after November 29, 1999, funds appropriated
in this title 1 shall not be available for any con-
tract support costs or indirect costs associated
with any contract, grant, cooperative agree-
ment, self-governance compact or funding agree-
ment entered into between an Indian tribe or
tribal organization and any entity other than an
agency of the Department of the Interior.
(Pub. L. 106–113, div. B, § 1000(a)(3) [title I, § 113],
Nov. 29, 1999, 113 Stat. 1535, 1501A–157.)
Editorial Notes
REFERENCES IN TEXT
The Indian Self-Determination Act of 1975, referred to
in text, probably means the Indian Self-Determination
Act, title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206,
which is classified principally to this subchapter (§ 5321
et seq.
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5328
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