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25 U.S.C. § 5412 — Civil actions

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

25 U.S.C. § 5412 — Civil actions

**(a) Contract defined** For the purposes of [section 5331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5331&num=0&edition=prelim), the term “contract” shall include compacts and funding agreements entered into under this subchapter. **(b) Applicability of certain laws** [Section 81 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section81&num=0&edition=prelim) and [section 5123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5123&num=0&edition=prelim), shall not apply to attorney and other professional contracts entered into by Indian tribes participating in self-governance under this subchapter. **(c) References** All references in this chapter to [section 5201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5201&num=0&edition=prelim) are hereby deemed to include [section 82a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section82a&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-25/section-5412-civil-actions--0f755e4de0.md
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Source location: Title 25, Chapter 46, § 5412; chapter-046-indian-self-determination-and-education-assistance.md

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

25 U.S.C. § 5331 — Grants to tribal organizations or tribes

**(a) Request by tribe for contract or grant by Secretary of the Interior for improving, etc., tribal governmental, contracting, and program 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim), and any Act subsequent 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 administration 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 capacity of a tribal organization to enter into a contract or contracts pursuant to [section 5321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) and the additional costs associated 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 case of land within Indian country (as defined in chapter 53 of title 18) or which adjoins on at least two sides lands held in trust by the United States for the tribe or for individual Indians, the Secretary of 11 So in original. Probably should be followed by “the”. Interior may (upon request of the tribe) acquire such land in trust for the tribe. **(b) Grant

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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

25 U.S.C. § 5201 — Acquisition of agricultural and grazing lands for Indians; title to lands; tax exemption

The Secretary of the Interior is authorized, in his discretion, to acquire by purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing Indian reservations, including trust or otherwise restricted lands now in Indian ownership: Provided, That such lands shall be agricultural and grazing lands of good character and quality in proportion to the respective needs of the particular Indian or Indians for whom such purchases are made. Title to all lands so acquired shall be taken in the name of the United States, in trust for the tribe, band, group, or individual Indian for whose benefit such land is so acquired, and while the title thereto is held by the United States said lands shall be free from any and all taxes, save that the State of Oklahoma is authorized to levy and collect a gross-production tax, not in excess of the rate applied to production from lands in private ownership, upon all oil and gas produced from said lands, which said tax the Secretary of the Interior is authorized and directed to cause to be paid.

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

25 U.S.C. § 5123 — Organization of Indian tribes; constitution and bylaws and amendment thereof; special election

**(a) Adoption; effective date** Any Indian tribe shall have the right to organize for its common welfare, and may adopt an appropriate constitution and bylaws, and any amendments thereto, which shall become effective when— (1) ratified by a majority vote of the adult members of the tribe or tribes at a special election authorized and called by the Secretary under such rules and regulations as the Secretary may prescribe; and (2) approved by the Secretary pursuant to subsection (d) of this section. **(b) Revocation** Any constitution or bylaws ratified and approved by the Secretary shall be revocable by an election open to the same voters and conducted in the same manner as provided in subsection (a) of this section for the adoption of a constitution or bylaws. **(c) Election procedure; technical assistance; review of proposals; notification of contrary-to-applicable law findings** (1) The Secretary shall call and hold an election as required by subsection (a) of this section— (A) within one hundred and eighty days after the receipt of a tribal request for an election to ratify a proposed constitution and bylaws, or to revoke such constitution and bylaws; or (B) within ninety days after receipt of a tribal request for election to ratify an amendment to the constitution and bylaws. (2) During the time periods established by paragraph (1), the Secretary shall— (A) provide such technical advice and assistance as may be requested by the tribe or as the Secretary determines may be needed; and (B) review the final draft of the constitution and bylaws, or amendments thereto to determine if any provision therein is contrary to applicable laws. (3) After the review provided in paragraph (2) and at least thirty days prior to the calling of the election, the Sec

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

25 U.S.C. § 81 — Contracts and agreements with Indian tribes

**(a) Definitions** In this section: (1) The term “Indian lands” means lands the title to which is held by the United States in trust for an Indian tribe or lands the title to which is held by an Indian tribe subject to a restriction by the United States against alienation. (2) The term “Indian tribe” has the meaning given that term in [section 5304(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304/e&num=0&edition=prelim). (3) The term “Secretary” means the Secretary of the Interior. **(b) Approval** No agreement or contract with an Indian tribe that encumbers Indian lands for a period of 7 or more years shall be valid unless that agreement or contract bears the approval of the Secretary of the Interior or a designee of the Secretary. **(c) Exception** Subsection (b) shall not apply to any agreement or contract that the Secretary (or a designee of the Secretary) determines is not covered under that subsection. **(d) Unapproved agreements** The Secretary (or a designee of the Secretary) shall refuse to approve an agreement or contract that is covered under subsection (b) if the Secretary (or a designee of the Secretary) determines that the agreement or contract— (1) violates Federal law; or (2) does not include a provision that— (A) provides for remedies in the case of a breach of the agreement or contract; (B) references a tribal code, ordinance, or ruling of a court of competent jurisdiction that discloses the right of the Indian tribe to assert sovereign immunity as a defense in an action brought against the Indian tribe; or (C) includes an express waiver of the right of the Indian tribe to assert sovereign immunity as a defense in an action brought against the Indian tribe (including a waiver that limi

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

25 U.S.C. § 82a — Contracts for payment of money permitted certain tribes; payment for legal services

Contracts involving the payment or expenditure of any money or affecting any property belonging to the Choctaw, Chickasaw, Cherokee, Creek, or Seminole Tribes of Indians, including contracts for professional legal services, may be made by said tribes, with the approval of the Secretary of the Interior, or his authorized representative, under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That the provisions of this section shall not apply to contracts for professional legal services involving the prosecution of claims against the United States.

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

25 U.S.C. § 450d — Transferred

### Statutory Notes #### Codification Section 458ccc–1 was editorially reclassified as [section 5412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5412&num=0&edition=prelim).

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

25 U.S.C. § 5305 — Definitions

In this subchapter: (1) **Board** — The term “Board” means the Board of Directors of the Foundation. (2) **Bureau** — The term “Bureau” means the Office of Justice Services of the Bureau of Indian Affairs. (3) **Committee** — The term “Committee” means the Committee for the Establishment of the Indian Law Enforcement Foundation established under [section 5412(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5412/e/1&num=0&edition=prelim). (4) **Foundation** — The term “Foundation” means the Indian Law Enforcement Foundation established under [section 5412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5412&num=0&edition=prelim). (5) **Secretary** — The term “Secretary” means the Secretary of the Interior.

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

25 U.S.C. § 5412 — Indian Law Enforcement Foundation

Page 789 TITLE 25—INDIANS § 5412 (1) Board The term ‘‘Board’’ means the Board of Direc- tors of the Foundation. (2) Bureau The term ‘‘Bureau’’ means the Office of Jus- tice Services of the Bureau of Indian Affairs. (3) Committee The term ‘‘Committee’’ means the Com- mittee for the Establishment of the Indian Law Enforcement Foundation established under section 5412(e)(1) of this title. (4) Foundation The term ‘‘Foundation’’ means the Indian Law Enforcement Foundation established under section 5412 of this title. (5) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (Pub. L. 93–638, title VII, § 701, as added Pub. L. 111–211, title II, § 231(c), July 29, 2010, 124 Stat. 2274.) Editorial Notes CODIFICATION Section was formerly classified to section 458ccc of this title prior to editorial reclassification and renum- bering as this section. § 5412. 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 Foun- dation’’. (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 pur- poses 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 feder- ally chartered corporation; and

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