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25 U.S.C. § 5365 — School construction, acquisition, or renovation contracts

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

25 U.S.C. § 5365 — School construction, acquisition, or renovation contracts

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Source file: Laws/federal/codes/united-states-code/title-25/section-5365-school-construction-acquisition-or-renovation-contracts--90c7d67cc6.md
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Source location: Title 25, Chapter 46, § 5365; chapter-046-indian-self-determination-and-education-assistance.md

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**(a) Authorization; prerequisites** The Secretary is authorized to enter into a contract or contracts with any State education agency or school district for the purpose of assisting such agency or district in the acquisition of sites for, or the construction, acquisition, or renovation of facilities (including all necessary equipment) in school districts on or adjacent to or in close proximity to any Indian reservation or other lands held in trust by the United States for Indians, if such facilities are necessary for the education of Indians residing on any such reservation or lands. **(b) Eligibility requirements for assistance in federally-affected areas; applicability to projects in determining maximum amount, allocation, of funds, etc.** The Secretary may expend not less than 75 per centum of such funds as are authorized and appropriated pursuant to this section on those projects which meet the eligibility requirements under subsections (a) and (b) of section 644 11 See References in Text note below. of title 20. Such funds shall be allocated on the basis of existing funding priorities, if any, established by the Secretary of Education under subsections (a) and (b) of section 644 1 of title 20. The Secretary of Education is directed to submit to the Secretary, at the beginning of each fiscal year, commencing with the first full fiscal year after January 4, 1975, a list of those projects eligible for funding under subsections (a) and (b) of section 644 1 of title 20. **(c) Eligibility of private schools to receive funds; maximum amount** The Secretary may expend not more than 25 per centum of such funds as may be authorized and appropriated pursuant to this section on any school eligible to receive funds under [section 5355 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5355&num=0&edition=prelim). **(d) Duties of State education agencies pursuant to contracts** Any contract entered into by the Secretary pursuant to this section shall contain provisions requiring the relevant State educational agency to— (1) provide Indian students attending any such facilities constructed, acquired, or renovated, in whole or in part, from funds made available pursuant to this section with standards of education not less than those provided non-Indian students in the school district in which the facilities are situated; and (2) meet, with respect to such facilities, the requirements of the State and local building codes, and other building standards set by the State educational agency or school district for other public school facilities under its jurisdiction or control or by the local government in the jurisdiction within which the facilities are situated. **(e) Advisory consultations by Secretary with affected entities and governing bodies prior to contracts; applicability** The Secretary shall consult with the entity designated pursuant to [section 5346 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5346&num=0&edition=prelim), and with the governing body of any Indian tribe or tribes the educational opportunity for the members of which will be significantly affected by any contract entered into pursuant to this section. Such consultation shall be advisory only, but shall occur prior to the entering into of any such contract. The foregoing provisions of this subsection shall not be applicable where the application for a contract pursuant to this section is submitted by an elected school board of which a majority of its members are Indians. **(f) Evaluation and report to Congress of effectiveness of construction, etc., programs; scope and content of report** Within ninety days following the expiration of the three year period following January 4, 1975, the Secretary shall evaluate the effectiveness of the program pursuant to this section and transmit a report of such evaluation to the Congress. Such report shall include— (1) an analysis of construction costs and the impact on such costs of the provisions of subsection (f) of this section and the Act of March 3, 1921 (46 Stat. 1491), as amended; 1 (2) a description of the working relationship between the Department of the Interior and the Department of Education including any memorandum of understanding in connection with the acquisition of data pursuant to subsection (b) of this section; (3) projections of the Secretary of future construction needs of the public schools serving Indian children residing on or adjacent to Indian reservations; (4) a description of the working relationship of the Department of the Interior with local or State educational agencies in connection with the contracting for construction, acquisition, or renovation of school facilities pursuant to this section; and (5) the recommendations of the Secretary with respect to the transfer of the responsibility for administering subsections (a) and (b) of section 644 1 of title 20 from the Department of Education to the Department of the Interior. **(g) Authorization of appropriations** For the purpose of carrying out the provisions of this section, there is authorized to be appropriated the sum of $35,000,000 for the fiscal year ending June 30, 1974; $35,000,000 for each of the four succeeding fiscal years; and thereafter, such sums as may be necessary, all of such sums to remain available until expended.

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

25 U.S.C. § 5346 — Contract or grant specifications

**(a) Terms** Each self-determination contract entered into under this chapter shall— (1) contain, or incorporate by reference, the provisions of the model agreement described in subsection (c) of this section (with modifications where indicated and the blanks appropriately filled in), and (2) subject to subsections (a) and (b) of [section 5321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim), contain such other provisions as are agreed to by the parties. **(b) Payments; Federal records** Notwithstanding any other provision of law, the Secretary may make payments pursuant to section 1(b)(6) of such model agreement. As provided in section 1(b)(7) of the model agreement, the records of the tribal government or tribal organization specified in such section shall not be considered Federal records for purposes of chapter 5 of title 5. **(c) Model agreement** The model agreement referred to in subsection (a)(1) of this section reads as follows:

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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. § 458 — Transferred

### Statutory Notes #### Codification Section 450m was editorially reclassified as [section 5330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5330&num=0&edition=prelim).

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

25 U.S.C. § 5355 — Use of Government property by States and Territories

The Secretary of the Interior, in making any contract authorized by sections 5342 to 5348 of this title, may permit such contracting party to utilize, for the purposes of said sections, existing school buildings, hospitals, and other facilities, and all equipment therein or appertaining thereto, including livestock and other personal property owned by the Government, under such terms and conditions as may be agreed upon for their use and maintenance.

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

25 U.S.C. § 458aaa–6 — Transferred

### Statutory Notes #### Codification Section 458ee was editorially reclassified as [section 5365 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5365&num=0&edition=prelim).

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

25 U.S.C. § 5385 — Reports

**(a) In general** (1) **Requirement** — On January 1 of each year, the Secretary shall submit to Congress a report regarding the administration of this subchapter. (2) **Analysis** — Any Indian Tribe may submit to the Office of Self-Governance and to the appropriate committees of Congress a detailed annual analysis of unmet Tribal needs for funding agreements under this subchapter. **(b) Contents** The report under subsection (a)(1) shall— (1) be compiled from information contained in funding agreements, annual audit reports, and data of the Secretary regarding the disposition of Federal funds; (2) identify— (A) the relative costs and benefits of self-governance; (B) with particularity, all funds that are specifically or functionally related to the provision by the Secretary of services and benefits to self-governance Indian Tribes and members of Indian Tribes; (C) the funds transferred to each Indian Tribe and the corresponding reduction in the Federal employees and workload; and (D) the funding formula for individual Tribal shares of all Central Office funds, together with the comments of affected Indian Tribes, developed under subsection (d); (3) before being submitted to Congress, be distributed to the Indian Tribes for comment (with a comment period of not less than 30 days); (4) include the separate views and comments of each Indian Tribe or Tribal organization; and (5) include a list of— (A) all such programs that the Secretary determines, in consultation with Indian Tribes participating in self-governance, are eligible for negotiation to be included in a funding agreement at the request of a participating Indian Tribe; and (B) all such programs which Indian Tribes have formally requested to include in a funding agreement under [section

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

25 U.S.C. § 5365 — General provisions

Page 766 TITLE 25—INDIANS § 5364 § 5364. Compacts (a) In general The Secretary shall negotiate and enter into a written compact with each Indian Tribe partici- pating in self-governance in a manner consistent with the trust responsibility of the Federal Gov- ernment, treaty obligations, and the govern- ment-to-government relationship between In- dian Tribes and the United States. (b) Contents A compact under subsection (a) shall— (1) specify and affirm the general terms of the government-to-government relationship between the Indian Tribe and the Secretary; and (2) include such terms as the parties intend shall control during the term of the compact. (c) Amendment A compact under subsection (a) may be amended only by agreement of the parties. (d) Effective date The effective date of a compact under sub- section (a) shall be— (1) the date of the execution of the compact by the parties; or (2) such date as is mutually agreed upon by the parties. (e) Duration A compact under subsection (a) shall remain in effect— (1) for so long as permitted by Federal law; or (2) until termination by written agreement, retrocession, or reassumption. (f) Existing compacts An Indian Tribe participating in self-govern- ance under this subchapter, as in effect on Octo- ber 21, 2020, shall have the option at any time after that date— (1) to retain its negotiated compact (in whole or in part) to the extent that the provi- sions of the compact are not directly contrary to any express provision of this subchapter; or (2) to negotiate a new compact in a manner consistent with this subchapter. (Pub. L. 93–638, title IV, § 404, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 864.) Editorial Notes PRIOR PROVISIONS A prior section 5364, Pub. L

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