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25 U.S.C. § 5322 — Congressional declaration of policy

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

25 U.S.C. § 5322 — Congressional declaration of policy

**(a) Recognition of obligation of United States** The Congress hereby recognizes the obligation of the United States to respond to the strong expression of the Indian people for self-determination by assuring maximum Indian participation in the direction of educational as well as other Federal services to Indian communities so as to render such services more responsive to the needs and desires of those communities. **(b) Declaration of commitment** The Congress declares its commitment to the maintenance of the Federal Government’s unique and continuing relationship with, and responsibility to, individual Indian tribes and to the Indian people as a whole through the establishment of a meaningful Indian self-determination policy which will permit an orderly transition from the Federal domination of programs for, and services to, Indians to effective and meaningful participation by the Indian people in the planning, conduct, and administration of those programs and services. In accordance with this policy, the United States is committed to supporting and assisting Indian tribes in the development of strong and stable tribal governments, capable of administering quality programs and developing the economies of their respective communities. **(c) Declaration of national goal** The Congress declares that a major national goal of the United States is to provide the quantity and quality of educational services and opportunities which will permit Indian children to compete and excel in the life areas of their choice, and to achieve the measure of self-determination essential to their social and economic well-being.

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Stable record: federal_law:legal_authorities:record_usc_6792ce5d57e32004b52278fa
Source file: Laws/federal/codes/united-states-code/title-25/section-5322-congressional-declaration-of-policy--97ed3b674d.md
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Source location: Title 25, Chapter 46, § 5322; chapter-046-indian-self-determination-and-education-assistance.md

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**(a) Recognition of obligation of United States** The Congress hereby recognizes the obligation of the United States to respond to the strong expression of the Indian people for self-determination by assuring maximum Indian participation in the direction of educational as well as other Federal services to Indian communities so as to render such services more responsive to the needs and desires of those communities. **(b) Declaration of commitment** The Congress declares its commitment to the maintenance of the Federal Government’s unique and continuing relationship with, and responsibility to, individual Indian tribes and to the Indian people as a whole through the establishment of a meaningful Indian self-determination policy which will permit an orderly transition from the Federal domination of programs for, and services to, Indians to effective and meaningful participation by the Indian people in the planning, conduct, and administration of those programs and services. In accordance with this policy, the United States is committed to supporting and assisting Indian tribes in the development of strong and stable tribal governments, capable of administering quality programs and developing the economies of their respective communities. **(c) Declaration of national goal** The Congress declares that a major national goal of the United States is to provide the quantity and quality of educational services and opportunities which will permit Indian children to compete and excel in the life areas of their choice, and to achieve the measure of self-determination essential to their social and economic well-being.

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

25 U.S.C. § 450a — Transferred

### Statutory Notes #### Codification Section 458bbb, Pub. L. 93–638, title V, § 501, as added Pub. L. 106–568, title XIII, § 1302, Dec. 27, 2000, 114 Stat. 2936; amended Pub. L. 108–267, § 1(a),(b)(2), July 2, 2004, 118 Stat. 797, was renumbered section 801 of Pub. L. 93–638 and transferred to [section 458ddd of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section458ddd&num=0&edition=prelim) prior to editorial reclassification as [section 5421 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5421&num=0&edition=prelim).

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

25 U.S.C. § 450n — Transferred

### Statutory Notes #### Codification Section 450h was editorially reclassified as [section 5322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5322&num=0&edition=prelim).

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

25 U.S.C. § 5330 — Self-determination contracts

**(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

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

25 U.S.C. § 5332 — Retention of Federal employee coverage, rights and benefits by employees of tribal organizations

**(a) to (d) Omitted** **(e) Eligible employees; Federal employee programs subject to retention** Notwithstanding the provisions of sections 8347(o), 8713, and 8914 of title 5, executive order, or administrative regulation, an employee serving under an appointment not limited to one year or less who leaves Federal employment to be employed by a tribal organization, the city of St. Paul, Alaska, the city of St. George, Alaska, upon incorporation, or the Village Corporations of St. Paul and St. George Islands established pursuant to [section 1607 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1607&num=0&edition=prelim), in connection with governmental or other activities which are or have been performed by employees in or for Indian communities is entitled, if the employee and the tribal organization so elect, to the following: (1) To retain coverage, rights, and benefits under subchapter I of chapter 81 (“Compensation for Work Injuries”) of title 5, and for this purpose his employment with the tribal organization shall be deemed employment by the United States. However, if an injured employee, or his dependents in case of his death, receives from the tribal organization any payment (including an allowance, gratuity, payment under an insurance policy for which the premium is wholly paid by the tribal organization, or other benefit of any kind) on account of the same injury or death, the amount of that payment shall be credited against any benefit payable under subchapter I of chapter 81 of title 5, as follows: (A) payments on account of injury or disability shall be credited against disability compensation payable to the injured employee; and (B) payments on account of death shall be credited against death compensation pay

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

25 U.S.C. § 5341 — Contract or grant provisions and administration

**(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

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

25 U.S.C. § 5345 — Rules and regulations

**(a) Authority of Secretaries of the Interior and of Health and Human Services to promulgate; time restriction** (1) Except as may be specifically authorized in this subsection, or in any other provision of this chapter, the Secretary of the Interior and the Secretary of Health and Human Services may not promulgate any regulation, nor impose any nonregulatory requirement, relating to self-determination contracts or the approval, award, or declination of such contracts, except that the Secretary of the Interior and the Secretary of Health and Human Services may promulgate regulations under this chapter relating to chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”, chapter 71 of title 41, declination and waiver procedures, appeal procedures, reassumption procedures, discretionary grant procedures for grants awarded under [section 5322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5322&num=0&edition=prelim), property donation procedures arising under [section 5324(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324/f&num=0&edition=prelim), internal agency procedures relating to the implementation of this chapter, retrocession and tribal organization relinquishment procedures, contract proposal contents, conflicts of interest, construction, programmatic reports and data requirements, procurement standards, property management standards, and financial management standards. (2) (A) The regulations promulgated under this chapter, including the regulations referred to in this subsection, shall be promulgated— (i) in conformance with sections 552 and 553 of title 5 and subsections (c), (d), and (e) of this section; and (ii) as a single set of regulat

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

42 U.S.C. § 2004b — Implementation of education, hospital and health facility, etc., contracts and grants by Public Health Service personnel; request for detail of personnel

In accordance with subsection (d) of [section 215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section215&num=0&edition=prelim), upon the request of any Indian tribe, band, group, or community, commissioned officers of the Service may be assigned by the Secretary for the purpose of assisting such Indian tribe, group, band, or community in carrying out the provisions of contracts with, or grants to, tribal organizations pursuant to sections 5321 and 5322 of title 25.

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

25 U.S.C. § 5322 — Grants to tribal organizations or tribes

Page 729 TITLE 25—INDIANS § 5322 1 So in original. Probably should be followed by ‘‘the’’. 2 See References in Text note below. contained in an Act making appropriations for the De- partment of the Interior and Related Agencies for fis- cal year 1989 [Pub. L. 100–446, see Tables for classifica- tion] shall be deemed to apply to section 102(d) of such Act [§ 102(d) of Pub. L. 93–638, former 25 U.S.C. 450f(d), now 25 U.S.C. 5321(d)] as amended by this Act.’’ See Codification notes above. § 5322. Grants to tribal organizations or tribes (a) Request by tribe for contract or grant by Sec- retary of the Interior for improving, etc., tribal governmental, contracting, and pro- gram 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, and any Act subse- quent 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 admin- istration 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 ca- pacity of a tribal organization to enter into a contract or contracts pursuant to section 5321 of this title and the additional costs associ- ated 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

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