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25 U.S.C. § 450m — Transferred

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

25 U.S.C. § 450m — Transferred

### Statutory Notes #### Codification Section 450f was editorially reclassified as [section 5321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim). #### Tribal Self-Governance Demonstration Project Pub. L. 93–638, title III, as added by Pub. L. 100–472, title II, § 209, Oct. 5, 1988, 102 Stat. 2296; amended by Pub. L. 102–184, §§ 2–6, Dec. 4, 1991, 105 Stat. 1278; Pub. L. 102–573, title VIII, § 814, Oct. 29, 1992, 106 Stat. 4590; Pub. L. 103–435, § 22(a)(2), (3), Nov. 2, 1994, 108 Stat. 4575; Pub. L. 103–437, § 10(c)(1), Nov. 2, 1994, 108 Stat. 4589; Pub. L. 105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828, related to tribal self-governance research and demonstration project conducted by Secretary of the Interior and Secretary of Health and Human Services, prior to repeal by Pub. L. 106–260, § 10, Aug. 18, 2000, 114 Stat. 734. #### Study and Report on Tribal Self-Governance Pub. L. 93–638, title VI, as added by Pub. L. 106–260, § 5, Aug. 18, 2000, 114 Stat. 731, authorized the Secretary of Health and Human Services to conduct a study to determine the feasibility of a tribal self-governance demonstration project for appropriate programs, services, functions, and activities of agencies and other organizational units of the Department of Health and Human Services, other than the Indian Health Service, and to submit a report to Congressional Committees not later than 18 months after Aug. 18, 2000.

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Source location: Title 25, Chapter 14, § 450m; chapter-014-miscellaneous.md

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

25 U.S.C. § 5321 — Congressional statement of findings

**(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.

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25 U.S.C. § 5348 — Rescission of contract or grant and assumption of control of program, etc.; authority; grounds; procedure; correction of violation as prerequisite to new contract or grant agreement; construction with occupational safety and health requirements

Each contract or grant agreement entered into pursuant to sections 5321 and 5322 11 See Codification note below. of this title shall provide that in any case where the appropriate Secretary determines that the tribal organization’s performance under such contract or grant agreement involves (1) the violation of the rights or endangerment of the health, safety, or welfare of any persons; or (2) gross negligence or mismanagement in the handling or use of funds provided to the tribal organization pursuant to such contract or grant agreement, or in the management of trust fund, trust lands or interests in such lands pursuant to such contract or grant agreement, such Secretary may, under regulations prescribed by him and after providing notice and a hearing on the record to such tribal organization, rescind such contract or grant agreement, in whole or in part, and assume or resume control or operation of the program, activity, or service involved if he determines that the tribal organization has not taken corrective action as prescribed by the Secretary to remedy the contract deficiency, except that the appropriate Secretary may, upon written notice to a tribal organization, and the tribe served by the tribal organization, immediately rescind a contract or grant, in whole or in part, and resume control or operation of a program, activity, function, or service, if the Secretary finds that (i) there is an immediate threat of imminent harm to the safety of any person, or imminent substantial and irreparable harm to trust funds, trust lands, or interests in such lands, and (ii) such threat arises from the failure of the contractor to fulfill the requirements of the contract. In such cases, the Secretary shall provide the tribal organization with a hearing on the record within t

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

25 U.S.C. § 450m — Transferred

Page 142 TITLE 25—INDIANS § 450g § 450g. Repealed or Transferred. Pub. L. 100–472, title II, § 201(b)(1), Oct. 5, 1988, 102 Stat. 2289 Section, Pub. L. 93–638, title I, § 103, Jan. 4, 1975, 88 Stat. 2206; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100–202, § 101(g) [title II], Dec. 22, 1987, 101 Stat. 1329–213, 1329–246; Pub. L. 100–446, title II, Sept. 27, 1988, 102 Stat. 1817, which related to contracts by Secretary of Health and Human Services with tribal or- ganizations, was repealed except for the last sentence of subsec. (c), providing that tribal organizations and Indian contractors be deemed part of Public Health Service, which was redesignated subsec. (d) of former section 450f of this title. § 450h. Transferred Editorial Notes CODIFICATION Section 450h was editorially reclassified as section 5322 of this title. § 450i. Transferred Editorial Notes CODIFICATION Section 450i was editorially reclassified as section 5323 of this title. § 450j. Transferred Editorial Notes CODIFICATION Section 450j was editorially reclassified as section 5324 of this title. § 450j–1. Transferred Editorial Notes CODIFICATION Section 450j–1 was editorially reclassified as section 5325 of this title. § 450j–2. Transferred Editorial Notes CODIFICATION Section 450j–2 was editorially reclassified as section 5326 of this title. § 450j–3. Transferred Editorial Notes CODIFICATION Section 450j–3 was editorially reclassified as section 5327 of this title. § 450k. Transferred Editorial Notes CODIFICATION Section 450k was editorially reclassified as section 5328 of this title. § 450l. Transferred Editorial Notes CODIFICATION Section 450l was editorially reclassified as section 5329 of this title. § 450m. Transferred Editorial

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