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25 U.S.C. § 5323 — Tribal and Federal advisory committees
Federal law — U.S. Code and appendices · legal_authorities
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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Stable record: federal_law:legal_authorities:record_usc_9b6b4c769e8f18bfec61805c
Source file: Laws/federal/codes/united-states-code/title-25/section-5323-tribal-and-federal-advisory-committees--6bf1dc7d9e.md
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Source location: Title 25, Chapter 46, § 5323; chapter-046-indian-self-determination-and-education-assistance.md
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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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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** “Commission” means the North Pacific Fur Seal Commission established pursuant to article V of the Convention.
**(b)** “Convention” means the Interim Convention on the Conservation of North Pacific Fur Seals signed at Washington on February 9, 1957, as amended by the protocol signed in Washington on October 8, 1963; by the exchange of notes among the party governments which became effective on September 3, 1969; by the protocol signed in Washington on May 7, 1976; and by the protocol signed in Washington on October 14, 1980, by the parties.
**(c)** “Cure” or “curing” means the performance of those post-harvest activities traditionally performed on the Pribilof Islands, including cooling, washing, removal of blubber, soaking in brine, draining, treating with salt or boric acid, and packing in containers for shipment of fur seal skins.
**(d)** “Fur Seal” means the North Pacific Fur Seal, Callorhinus Ursinus.
**(e)** “Import” means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States.
**(f)** “Natives of the Pribilof Islands” means any Aleuts who are permanent residents of the Pribilof Islands, or any organization or entity representing such natives.
**(g)** “North Pacific Ocean” means the waters of the Pacific Ocean north of the thirtieth parallel of north latitude, including the Bering, Okhotsk, and Japan Seas.
**(h)** “Party” or “parties” means the United States of America, Canada, Japan, and Russia (except that as used in subsection (b) of this section, “party” and “parties” refer to the Union of Soviet Socialist
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1151
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Restrictions on All Officers and Employees of the Executive Branch and Certain Other Agencies.—**
(1) **Permanent restrictions on representation on particular matters.—** — Any person who is an officer or employee (including any special Government employee) of the executive branch of the United States (including any independent agency of the United States), or of the District of Columbia, and who, after the termination of his or her service or employment with the United States or the District of Columbia, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of any department, agency, court, or court-martial of the United States or the District of Columbia, on behalf of any other person (except the United States or the District of Columbia) in connection with a particular matter—
(A) in which the United States or the District of Columbia is a party or has a direct and substantial interest,
(B) in which the person participated personally and substantially as such officer or employee, and
(C) which involved a specific party or specific parties at the time of such participation,
(2) **Two-year restrictions concerning particular matters under official responsibility.—** — Any person subject to the restrictions contained in paragraph (1) who, within 2 years after the termination of his or her service or employment with the United States or the District of Columbia, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of any department, agency, court, or court-martial of the United States or the District of Columbia, on behalf of any other person (except the United States or the District of Columbia), in connection with a particular matter—
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Federal law — U.S. Code and appendices · legal_authorities
**(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=granu
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2507
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 450i was editorially reclassified as [section 5323 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5323&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 451
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5332
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5341
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Federal law — U.S. Code and appendices · legal_authorities
Page 709
TITLE 25—INDIANS
§ 5301
Sec.
5325.
Contract funding and indirect costs.
5326.
Indian Health Service: availability of
funds for Indian self-determination or
self-governance contract or grant sup-
port costs.
5327.
Department of the Interior: availability
of funds for Indian self-determination
or self-governance contract or grant
support costs.
5328.
Rules and regulations.
5329.
Contract or grant specifications.
5330.
Rescission of contract or grant and as-
sumption of control of program, etc.;
authority; grounds; procedure; correc-
tion of violation as prerequisite to new
contract or grant agreement; construc-
tion with occupational safety and
health requirements.
5331.
Contract disputes and claims.
5332.
Sovereign
immunity
and
trusteeship
rights unaffected.
SUBCHAPTER II—CONTRACTS WITH STATES
5341.
Donations for Indians; use of gifts; an-
nual report to Congress.
5342.
Contracts for education, medical atten-
tion, relief and social welfare of Indi-
ans.
5343.
Use of Government property by States
and Territories.
5344.
Rules and regulations; minimum stand-
ards of service.
5345.
Contracts
for
education
in
public
schools; submission of education plan
by contractor as prerequisite; criteria
for approval of plan by Secretary of
the Interior; participation by non-In-
dian students.
5346.
Local committee of Indian parents in
school districts having school boards
composed of non-Indian majority.
5347.
Reimbursement to school districts for
educating non-resident students.
5348.
Computation of student count.
SUBCHAPTER III—INDIAN EDUCATION
ASSISTANCE
5351.
School construction, acquisition, or ren-
ovation contracts.
5352.
General education contract and grant
provisions and requirements; school
district qua
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5301
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Federal law — U.S. Code and appendices · legal_authorities
Page 730
TITLE 25—INDIANS
§ 5323
PRIOR PROVISIONS
A prior section 103 of Pub. L. 93–638 was classified to
former section 450g of this title prior to repeal in part
and transfer in part to former section 450f(d) of this
title by Pub. L. 100–472, title II, § 201(b)(1), Oct. 5, 1988,
102 Stat. 2289, and editorial reclassification and renum-
bering of former section 450f(d) as section 5321(d) of this
title.
AMENDMENTS
1990—Subsec. (a)(3). Pub. L. 101–644, which directed
the substitution of ‘‘Indian country (as defined in chap-
ter 53 of title 18)’’ for ‘‘reservation boundaries’’ in ‘‘sec-
tion 301(a)(3) of the Indian Self-Determination Act’’,
was executed to this section, which is section 103(a)(3)
of that Act, to reflect the probable intent of Congress.
1988—Subsec. (a). Pub. L. 100–472, § 202(b), inserted
‘‘or’’ at end of par. (2), substituted a period for ‘‘; or’’
at end of par. (3), and struck out par. (4) which read as
follows: ‘‘the planning, designing, monitoring, and eval-
uating of Federal programs serving the tribe.’’
Subsec. (b). Pub. L. 100–472, § 202(c), substituted
‘‘Health and Human Services’’ for ‘‘Health, Education,
and Welfare’’.
Subsecs. (d), (e). Pub. L. 100–472, § 202(d), added sub-
secs. (d) and (e).
Statutory Notes and Related Subsidiaries
AUTHORITY OF SECRETARY TO ACQUIRE LANDS IN
TRUST
Pub. L. 101–644, title II, § 203(g)(2), Nov. 29, 1990, 104
Stat. 4666, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall not alter or
otherwise modify or affect existing prohibitions or lim-
itations on the Secretary’s authority to acquire lands
in trust.’’
§ 5323. Retention of Federal employee coverage,
rights and benefits by employees of tribal or-
ganizations
(a) to (d) Omitted
(e) Eligible employees; Fed
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5323
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