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25 U.S.C. § 2507 — Application with respect to Indian Self-Determination and Education Assistance Act

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

25 U.S.C. § 2507 — Application with respect to Indian Self-Determination and Education Assistance Act

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Source file: Laws/federal/codes/united-states-code/title-25/section-2507-application-with-respect-to-indian-self-determination-and-education-assi--9e60b20805.md
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Source location: Title 25, Chapter 27, § 2507; chapter-027-tribally-controlled-school-grants.md

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**(a) Certain provisions to apply to grants** The following provisions of the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.] (and any subsequent revisions thereto or renumbering thereof), shall apply to grants provided under this chapter: (1) Section 5(f) [[25 U.S.C. 5305(f)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5305/f&num=0&edition=prelim)] (relating to single agency audit). (2) Section 6 [[25 U.S.C. 5306](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5306&num=0&edition=prelim)] (relating to criminal activities; penalties). (3) Section 7 [[25 U.S.C. 5307](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5307&num=0&edition=prelim)] (relating to wage and labor standards). (4) Section 104 [[25 U.S.C. 5323](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5323&num=0&edition=prelim)] (relating to retention of Federal employee coverage). (5) Section 105(f) [[25 U.S.C. 5324(f)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324/f&num=0&edition=prelim)] (relating to Federal property). (6) Section 105(k) [[25 U.S.C. 5324(k)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324/k&num=0&edition=prelim)] (relating to access to Federal sources of supply). (7) Section 105(l) [[25 U.S.C. 5324](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324&num=0&edition=prelim)(l)] (relating to lease of facility used for administration and delivery of services). (8) Section 106(f) [[25 U.S.C. 5325(f)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5325/f&num=0&edition=prelim)] (relating to limitation on remedies relating to cost allowances). (9) Section 106(j) [[25 U.S.C. 5325(j)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5325/j&num=0&edition=prelim)] (relating to use of funds for matching or cost participation requirements). (10) Section 106(k) [[25 U.S.C. 5325(k)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5325/k&num=0&edition=prelim)] (relating to allowable uses of funds). (11) Section 108(c) [[25 U.S.C. 5329(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5329/c&num=0&edition=prelim)] (Model Agreements provisions (1)(a)(5) 11 So in original. Probably should be “1(b)(5)”. (relating to limitations of costs), (1)(a)(7) 22 So in original. Probably should be “1(b)(7)”. (relating to records and monitoring), (1)(a)(8) 33 So in original. Probably should be “1(b)(8)”. (relating to property), and (a)(1)(9) 44 So in original. Probably should be “1(b)(9)”. (relating to availability of funds).55 So in original. There probably should be a second closing parenthesis. (12) Section 109 [[25 U.S.C. 5330](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5330&num=0&edition=prelim)] (relating to reassumption). (13) Section 111 [[25 U.S.C. 5332](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5332&num=0&edition=prelim)] (relating to sovereign immunity and trusteeship rights unaffected). **(b) Election for grant in lieu of contract** (1) **In general** — Contractors for activities to which this chapter applies who have entered into a contract under the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.] that is in effect on January 8, 2002, may, by giving notice to the Secretary, elect to have the provisions of this chapter apply to such activity in lieu of such contract. (2) **Effective date of election** — Any election made under paragraph (1) shall take effect on the first day of July immediately following the date of such election. (3) **Exception** — In any case in which the first day of July immediately following the date of an election under paragraph (1) is less than 60 days after such election, such election shall not take effect until the first day of July of 66 So in original. Probably should be followed by “the”. year following the year in which the election is made. **(c) No duplication** No funds may be provided under any contract entered into under the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.] to pay any expenses incurred in providing any program or services if a grant has been made under this chapter to pay such expenses. **(d) Transfers and carryovers** (1) **Buildings, equipment, supplies, materials** — A tribe or tribal organization assuming the operation of— (A) a Bureau school with assistance under this chapter shall be entitled to the transfer or use of buildings, equipment, supplies, and materials to the same extent as if it were contracting under the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.]; or (B) a contract school with assistance under this chapter shall be entitled to the transfer or use of buildings, equipment, supplies, and materials that were used in the operation of the contract school to the same extent as if it were contracting under the Indian Self-Determination and Education Assistance Act. (2) **Funds** — Any tribe or tribal organization which assumes operation of a Bureau school with assistance under this chapter and any tribe or tribal organization which elects to operate a school with assistance under this chapter rather that 77 So in original. Probably should be “than”. to continue as a contract school shall be entitled to any funds which would carryover from the previous fiscal year as if such school were operated as a contract school. (3) **Funding for school improvement** — Any tribe or tribal organization that assumes operation of a Bureau school or a contract school with assistance under this chapter shall be eligible for funding for the improvement, alteration, replacement, and repair of facilities to the same extent as a Bureau school. **(e) Exceptions, problems, and disputes** Any exception or problem cited in an audit conducted pursuant to [section 2505(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2505/b/1&num=0&edition=prelim), any dispute regarding a grant authorized to be made pursuant to this chapter or any amendment to such grant, and any dispute involving an administrative cost grant under [section 2008 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2008&num=0&edition=prelim) shall be administered under the provisions governing such exceptions, problems, or disputes in the case of contracts under the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.]. The Equal Access to Justice Act shall apply to administrative appeals filed after September 8, 1988, by grantees regarding a grant under this chapter, including an administrative cost grant.

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

25 U.S.C. § 2008 — Administrative cost grants

**(a) Definitions** In this section: (1) **Administrative cost** (A) *In general* — The term “administrative cost” means the cost of necessary administrative functions which— (i) the tribe or tribal organization incurs as a result of operating a tribal elementary or secondary educational program; (ii) are not customarily paid by comparable Bureau-operated programs out of direct program funds; and (iii) are either— (I) normally provided for comparable Bureau programs by Federal officials using resources other than Bureau direct program funds; or (II) are otherwise required of tribal self-determination program operators by law or prudent management practice. (B) *Inclusions* — The term “administrative cost” may include— (i) contract or grant (or other agreement) administration; (ii) executive, policy, and corporate leadership and decisionmaking; (iii) program planning, development, and management; (iv) fiscal, personnel, property, and procurement management; (v) related office services and record keeping; and (vi) costs of necessary insurance, auditing, legal, safety and security services. (2) **Bureau elementary and secondary functions** — The term “Bureau elementary and secondary functions” means— (A) all functions funded at Bureau schools by the Office; (B) all programs— (i) funds for which are appropriated to other agencies of the Federal Government; and (ii) which are administered for the benefit of Indians through Bureau schools; and (C) all operation, maintenance, and repair funds for facilities and Government quarters used in the operation or support of elementary and secondary education functions for the benefit of Indians, from whatever source derived. (3) **Direct cost base**

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

25 U.S.C. § 5307 — Administrative services and support

**(a) Provision of support by Secretary** Subject to subsection (b), during the 5-year period beginning on the date on which the Foundation is established, the Secretary— (1) may provide personnel, facilities, and other administrative support services to the Foundation; (2) may provide funds for initial operating costs and to reimburse the travel expenses of the members of the Board; and (3) shall require and accept reimbursements from the Foundation for— (A) services provided under paragraph (1); and (B) funds provided under paragraph (2). **(b) Reimbursement** Reimbursements accepted under subsection (a)(3)— (1) shall be deposited in the Treasury of the United States to the credit of the applicable appropriations account; and (2) shall be chargeable for the cost of providing services described in subsection (a)(1) and travel expenses described in subsection (a)(2). **(c) Continuation of certain services** The Secretary may continue to provide facilities and necessary support services to the Foundation after the termination of the 5-year period specified in subsection (a) if the facilities and services are— (1) available; and (2) provided on reimbursable cost basis.

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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

20 U.S.C. § 6301 — Agreements and records

**(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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25 U.S.C. § 5324 — Definitions

For purposes of this chapter, the term— **(a)** “construction programs” means programs for the planning, design, construction, repair, improvement, and expansion of buildings or facilities, including, but not limited to, housing, law enforcement and detention facilities, sanitation and water systems, roads, schools, administration and health facilities, irrigation and agricultural work, and water conservation, flood control, or port facilities; **(b)** “contract funding base” means the base level from which contract funding needs are determined, including all contract costs; **(c)** “direct program costs” means costs that can be identified specifically with a particular contract objective; **(d)** “Indian” means a person who is a member of an Indian tribe; **(e)** “Indian tribe” or “Indian Tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [[43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; **(f)** “indirect costs” means costs incurred for a common or joint purpose benefiting more than one contract objective, or which are not readily assignable to the contract objectives specifically benefited without effort disproportionate to the results achieved; **(g)** “indirect cost rate” means the rate arrived at through negotiation between an Indian tribe or tribal organization and the appropriate Federal agency; **(h)** “mature contract” means a self-d

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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

5 U.S.C. § 504 — Costs and fees of parties

**(a)** (1) An agency that conducts an adversary adjudication shall award, to a prevailing party other than the United States, fees and other expenses incurred by that party in connection with that proceeding, unless the adjudicative officer of the agency finds that the position of the agency was substantially justified or that special circumstances make an award unjust. Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought. (2) A party seeking an award of fees and other expenses shall, within thirty days of a final disposition in the adversary adjudication, submit to the agency an application which shows that the party is a prevailing party and is eligible to receive an award under this section, and the amount sought, including an itemized statement from any attorney, agent, or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the agency was not substantially justified. When the United States appeals the underlying merits of an adversary adjudication, no decision on an application for fees and other expenses in connection with that adversary adjudication shall be made under this section until a final and unreviewable decision is rendered by the court on the appeal or until the underlying merits of the case have been finally determined pursuant to the appeal. (3) The adjudicative officer of the agency may reduce the amount to be awarded, or deny an award, to the extent that the party during the course of the proceedings engaged in condu

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

25 U.S.C. § 5306 — Indian Law Enforcement Foundation

**(a) Establishment** (1) **In general** — As soon as practicable after July 29, 2010, the Secretary shall establish, under the laws of the District of Columbia and in accordance with this subchapter, a foundation, to be known as the “Indian Law Enforcement Foundation”. (2) **Funding determinations** — No funds, gift, property, or other item of value (including any interest accrued on such an item) acquired by the Foundation shall— (A) be taken into consideration for purposes of determining Federal appropriations relating to the provision of public safety or justice services to Indians; or (B) otherwise limit, diminish, or affect the Federal responsibility for the provision of public safety or justice services to Indians. **(b) Nature of corporation** The Foundation— (1) shall be a charitable and nonprofit federally chartered corporation; and (2) shall not be an agency or instrumentality of the United States. **(c) Place of incorporation and domicile** The Foundation shall be incorporated and domiciled in the District of Columbia. **(d) Duties** The Foundation shall— (1) encourage, accept, and administer, in accordance with the terms of each donation, private gifts of real and personal property, and any income from or interest in such gifts, for the benefit of, or in support of, public safety and justice services in American Indian and Alaska Native communities; and (2) assist the Office of Justice Services of the Bureau of Indian Affairs and Indian tribal governments in funding and conducting activities and providing education to advance and support the provision of public safety and justice services in American Indian and Alaska Native communities. **(e) Committee for the Establishment of the Indian Law Enforcement Foundation** (1) **In general** — Th

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

25 U.S.C. § 2506 — Payment of grants; investment of funds

**(a) Payments** (1) **In general** — Except as otherwise provided in this subsection, the Secretary shall make payments to grantees under this chapter in two payments, of which— (A) the first payment shall be made not later than July 1 of each year in an amount equal to 80 percent of the amount which the grantee was entitled to receive during the preceding academic year; and (B) the second payment, consisting of the remainder to which the grantee is entitled for the academic year, shall be made not later than December 1 of each year. (2) **Excess funding** — In a case in which the amount provided to a grant recipient under paragraph (1)(A) is in excess of the amount that the recipient is entitled to receive for the academic year involved, the recipient shall return to the Secretary such excess amount not later than 30 days after the final determination that the school was overpaid pursuant to this section. The amount returned to the Secretary under this paragraph shall be distributed equally to all schools in the system. (3) **Newly funded schools** — For any school for which no payment under this chapter was made from Bureau funds in the preceding academic year, full payment of the amount computed for the first academic year of eligibility under this chapter shall be made not later than December 1 of the academic year. (4) **Late funding** — With regard to funds for grantees that become available for obligation on October 1 of the fiscal year for which such funds are appropriated, the Secretary shall make payments to grantees not later than December 1 of the fiscal year. (5) **Applicability of certain title 31 provisions** — The provisions of chapter 39 of title 31 shall apply to the payments required to be made by paragraphs (1), (3), and (4). (6) **Restr

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

25 U.S.C. § 5323 — Tribal and Federal advisory committees

Notwithstanding any other provision of law (including any regulation), the Secretary of the Interior and the Secretary of Health and Human Services are authorized to jointly establish and fund advisory committees or other advisory bodies composed of members of Indian tribes or members of Indian tribes and representatives of the Federal Government to ensure tribal participation in the implementation of the Indian Self-Determination and Education Assistance Act (Public Law 93–638) [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.].

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