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25 U.S.C. § 5326 — Criminal activities involving grants, contracts, etc.; penalties

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5326 — Criminal activities involving grants, contracts, etc.; penalties

Whoever, being an officer, director, agent, or employee of, or connected in any capacity with, any recipient of a contract, subcontract, grant, or subgrant pursuant to this chapter or 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.], embezzles, willfully misapplies, steals, or obtains by fraud any of the money, funds, assets, or property which are the subject of such a grant, subgrant, contract, or subcontract, shall be fined not more than $10,000 or imprisoned for not more than two years, or both, but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both.

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Source location: Title 25, Chapter 46, § 5326; chapter-046-indian-self-determination-and-education-assistance.md

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5301 — Application of other sections of this chapter

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5342 — Contract funding and indirect costs

**(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

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 450d — Transferred

### Statutory Notes #### Codification Section 458ccc–1 was editorially reclassified as [section 5412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5412&num=0&edition=prelim).

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25 U.S.C. § 454 — Transferred

### Statutory Notes #### Codification Section 450j–2 was editorially reclassified as [section 5326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5326&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5326 — Indian Health Service: availability of

Page 741 TITLE 25—INDIANS § 5326 Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1), (3), (b), (c), (k)(11), and (n), was in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Section was formerly classified to section 450j–1 of this title prior to editorial reclassification and renum- bering as this section. PRIOR PROVISIONS A prior section 106 of Pub. L. 93–638 was renumbered section 105 by Pub. L. 100–472 and is classified to section 5324 of this title. AMENDMENTS 2020—Subsec. (a)(3)(A). Pub. L. 116–180, § 204(1), sub- stituted ‘‘; and’’ for ‘‘, and’’ in cl. (i) and ‘‘expense in- curred by the governing body of the Indian Tribe or Tribal organization and any overhead expense in- curred’’ for ‘‘expense related to the overhead incurred’’ in cl. (ii). Subsec. (a)(3)(B), (C). Pub. L. 116–180, § 204(2), (3), added subpar. (B) and redesignated former subpar. (B) as (C). 2000—Subsecs. (c) to (o). Pub. L. 106–260 added subsec. (c) and redesignated former subsecs. (c) to (n) as (d) to (o), respectively. 1998—Subsecs. (c) to (o). Pub. L. 105–362 redesignated subsecs. (d) to (o) as (c) to (n), respectively, and struck out former subsec. (c) which related to Secretary’s an- nual report to Congress on implementation of this chapter. 1994—Subsec. (a)(1). Pub. L. 103–413, § 102(14)(A), in- serted before period at end ‘‘, without regard to any or- ganizational level within the Department of the Inte- rior or the Department of Health and Human

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5342 — Contracts for education, medical atten-

Page 751 TITLE 25—INDIANS § 5342 lows: ‘‘Unless otherwise agreed to by the resolution of tribal organization, the Secretary shall not revise or amend a self-determination contract with such tribal organization.’’ Subsec. (c). Pub. L. 101–301, § 1(a)(2), made technical correction to directory language of Pub. L. 100–581, § 212(c). See 1988 Amendment note below. 1988—Subsec. (a). Pub. L. 100–581, § 212(a), as amended by Pub. L. 101–301, § 1(a)(2), substituted ‘‘over any civil action’’ for ‘‘over civil action’’ after ‘‘Court of Claims,’’. Subsec. (b). Pub. L. 100–581, § 212(b), substituted ‘‘of tribal organization’’ for ‘‘of an Indian tribe’’ and ‘‘such tribal organization’’ for ‘‘such tribe’’. Subsec. (c). Pub. L. 100–581, § 212(c), as amended by Pub. L. 101–301, § 1(a)(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘The Equal Access to Justice Act (Public Law 96–481, Act of October 1 [21], 1980; 94 Stat. 2325, as amended) shall apply to administrative appeals by tribal organizations regarding self-determination contracts.’’ § 5332. Sovereign immunity and trusteeship rights unaffected Nothing in this chapter shall be construed as— (1) affecting, modifying, diminishing, or oth- erwise impairing the sovereign immunity from suit enjoyed by an Indian tribe; or (2) authorizing or requiring the termination of any existing trust responsibility of the United States with respect to the Indian peo- ple. (Pub. L. 93–638, title I, § 111, formerly § 110, Jan. 4, 1975, 88 Stat. 2213; renumbered § 111, Pub. L. 100–472, title II, § 206(b), Oct. 5, 1988, 102 Stat. 2295.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 St

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