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25 U.S.C. § 5370 — Supplemental assistance to funds provided to local educational agencies
Federal law — U.S. Code and appendices · legal_authorities
The assistance provided in this chapter for the education of Indians in the public schools of any State is in addition and supplemental to assistance provided under title VI of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 7401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7401&num=0&edition=prelim) et seq.].
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Source location: Title 25, Chapter 46, § 5370; chapter-046-indian-self-determination-and-education-assistance.md
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The assistance provided in this chapter for the education of Indians in the public schools of any State is in addition and supplemental to assistance provided under title VI of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 7401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7401&num=0&edition=prelim) et seq.].
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this part:
(1) **Adult** — The term “adult” means an individual who—
(A) has attained the age of 16 years; or
(B) has attained an age that is greater than the age of compulsory school attendance under an applicable State law.
(2) **Free public education** — The term “free public education” means education that is—
(A) provided at public expense, under public supervision and direction, and without tuition charge; and
(B) provided as elementary or secondary education in the applicable State or to preschool children.
(3) **Indian** — The term “Indian” means an individual who is—
(A) a member of an Indian tribe or band, as membership is defined by the tribe or band, including—
(i) any tribe or band terminated since 1940; and
(ii) any tribe or band recognized by the State in which the tribe or band resides;
(B) a descendant, in the first or second degree, of an individual described in subparagraph (A);
(C) considered by the Secretary of the Interior to be an Indian for any purpose;
(D) an Eskimo, Aleut, or other Alaska Native; or
(E) a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as in effect the day preceding October 20, 1994.
(4) **Traditional leaders** — The term “traditional leaders” has the meaning given the term in [section 2902 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2902&num=0&edition=prelim).
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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.
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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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 453 was editorially reclassified as [section 5343 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5343&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 458e
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Federal law — U.S. Code and appendices · legal_authorities
Page 1534
TITLE 20—EDUCATION
§ 7401
(§ 7301 et seq.) of this chapter, was redesignated title V
of the Act by Pub. L. 114–95, title V, § 5001(a), Dec. 10,
2015, 129 Stat. 2039, and transferred to subchapter V
(§ 7305 et seq.) of this chapter.
PART A—INDIAN EDUCATION
§ 7401. Statement of policy
It is the policy of the United States to fulfill
the Federal Government’s unique and con-
tinuing trust relationship with and responsi-
bility to the Indian people for the education of
Indian children. The Federal Government will
continue to work with local educational agen-
cies, Indian tribes and organizations, postsec-
ondary institutions, and other entities toward
the goal of ensuring that programs that serve
Indian children are of the highest quality and
provide for not only the basic elementary and
secondary educational needs, but also the
unique educational and culturally related aca-
demic needs of these children. It is further the
policy of the United States to ensure that Indian
children do not attend school in buildings that
are dilapidated or deteriorating, which may neg-
atively affect the academic success of such chil-
dren.
(Pub. L. 89–10, title VI, § 6101, formerly title VII,
§ 7101, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1907; renumbered title VI,
§ 6101, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), 6002(a), Dec. 10, 2015, 129 Stat.
2046, 2047.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7401, Pub. L. 89–10, title VII, § 7101, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3716, set forth short title of Bilingual Education Act,
prior to the general amendment of former subchapter
VII of this chapter by Pub. L. 107–110.
A prior section 6101 of Pub. L. 89–10 was classified
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 7401
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Federal law — U.S. Code and appendices · legal_authorities
Page 772
TITLE 25—INDIANS
§ 5369
(l) Limitation of costs
(1) In general
An Indian Tribe shall not be obligated to
continue performance that requires an expend-
iture of funds in excess of the amount of funds
transferred under a compact or funding agree-
ment.
(2) Notice of insufficiency
If at any time the Indian Tribe has reason to
believe that the total amount provided for a
specific activity under a compact or funding
agreement is insufficient, the Indian Tribe
shall provide reasonable notice of such insuffi-
ciency to the Secretary.
(3) Suspension of performance
If, after notice under paragraph (2), the Sec-
retary does not increase the amount of funds
transferred under the funding agreement, the
Indian Tribe may suspend performance of the
activity until such time as additional funds
are transferred.
(4) Savings clause
Nothing in this section reduces any pro-
grams, services, or funds of, or provided to, an-
other Indian Tribe.
(m) Distribution of funds
The Office of Self-Governance shall be respon-
sible for distribution of all Bureau of Indian Af-
fairs funds provided under this subchapter un-
less otherwise agreed by the parties to an appli-
cable funding agreement.
(n) Applicability
Notwithstanding any other provision of this
section, section 101(a) of the PROGRESS for In-
dian Tribes Act applies to subsections (a)
through (m).
(Pub. L. 93–638, title IV, § 408, as added Pub. L.
116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat.
872.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsecs. (c)(1) and
(g)(3)(D), 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.
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5370
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