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25 U.S.C. § 3307 — Administrative provisions

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

25 U.S.C. § 3307 — Administrative provisions

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Source location: Title 25, Chapter 35, § 3307; chapter-035-indian-higher-education-programs.md

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**(a) Omitted** **(b) Role of Director** Applications for grants under this subchapter, and all application modifications, shall be reviewed and approved by personnel under the direction and control of the Director of the Office of Indian Education Programs. Required reports shall be submitted to education personnel under the direction and control of the Director of such Office. **(c) Application of Indian Self-Determination and Education Assistance Act** All provisions of sections 5, 6, 7, 105, 109, and 110 of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450c&num=0&edition=prelim) et seq.),11 See References in Text note below. except those provisions pertaining to indirect costs and length of contract, shall apply to grants provided under this subchapter. **(d) Regulations** The Secretary is authorized to issue regulations relating to the discharge of duties specifically assigned to the Secretary by this subchapter. In all other matters relating to the details of planning, development, implementing, and evaluating grants under this subchapter, the Secretary shall not issue regulations. Regulations issued pursuant to this subchapter shall not have the standing of a Federal statute for the purposes of judicial review. **(e) Retrocession** Whenever an Indian tribe requests retrocession of any program for which assistance is provided under this subchapter, such retrocession shall become effective upon a date specified by the Secretary not more than 120 days after the date on which the tribe requests the retrocession, or such later date as may be mutually agreed upon by the Secretary and the tribe. If such a program is retroceded, the Secretary shall provide to any Indian tribe served by such program at least the same quantity and quality of services that would have been provided under such program at the level of funding provided under this subchapter prior to the retrocession. The tribal governing body requesting the retrocession shall specify whether the retrocession shall be to a contract administered by the tribe, or a tribal entity, under the authority of the Indian Self-Determination Act [[25 U.S.C. 5321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) et seq.] or to a Bureau administered program. **(f) Definitions** For the purposes of this subchapter: (1) The term “Secretary” means the Secretary of the Interior. (2) The terms “Indian” and “Indian tribe” have the same meaning given those terms in sections 22 So in original. Probably should be “section”. 4(d) and (e), respectively, of the Indian Self Determination and Education Assistance Act [[25 U.S.C. 5304(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304/d&num=0&edition=prelim), (e)].

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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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31 U.S.C. § 1113 — Congressional information

**(a)** (1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information. (2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee. **(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall— (1) provide information on the location and kind of available fiscal, budget, and program information; (2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and (3) provide a program evaluation carried out or commissioned by an executive agency. **(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall— (1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system; (2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and (3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory

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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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25 U.S.C. § 450c — Transferred

### Statutory Notes #### Codification Section 458ccc was editorially reclassified as [section 5411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5411&num=0&edition=prelim).

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

25 U.S.C. § 3307 — Administrative provisions

Page 571 TITLE 25—INDIANS § 3307 1 See References in Text note below. 2 So in original. Probably should be ‘‘section’’. (b) Interest on funds No interest or other income on any funds made available under this subchapter shall be used for any purpose other than those for which such funds may be used. (c) Payments (1) In general Except as otherwise provided in this sub- section, the Secretary shall make payments to grantees under this subchapter in two pay- ments— (A) one payment to be made no later than October 1 of each fiscal year in an amount equal to one-half the amount paid during the preceding fiscal year to the grantee or a con- tractor that has elected to have the provi- sions of this subchapter apply, and (B) the second payment consisting of the remainder to which the grantee or con- tractor is entitled for the fiscal year to be made by no later than January 1 of the fiscal year. (2) New grantees For any tribe for which no payment was made under this subchapter in the preceding fiscal year, full payment of the amount com- puted for each fiscal year shall be made by January 1 of the fiscal year. (d) Investment of funds (1) Treatment as tribal property Notwithstanding any other provision of law, any interest or investment income that ac- crues on any funds provided under this sub- chapter after such funds are paid to the Indian tribe or tribal organization and before such funds are expended for the purpose for which such funds were provided under this sub- chapter shall be the property of the Indian tribe or tribal organization and shall not be taken into account by any officer or employee of the Federal Government in determining whether to provide assistance, or the amount of assistance, under any provision of Federal law. (2)

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25 U.S.C. § 450c — Transferred

Page 141 TITLE 25—INDIANS § 450f Section was formerly classified to section 93 of Title 45, Railroads. § 443c. Transferred Editorial Notes CODIFICATION Section 443c was editorially reclassified as section 1684 of this title. § 443d. Transferred Editorial Notes CODIFICATION Section 443d was editorially reclassified as section 1685 of this title. §§ 444 to 449. Repealed. Aug. 5, 1954, ch. 658, § 5, 68 Stat. 675 Sections, act Apr. 3, 1952, ch. 129, §§ 1–6, 66 Stat. 35, re- lated to Indian hospital services and facilities. See sec- tion 2001 et seq. of Title 42, The Public Health and Wel- fare. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1959, see section 6 of act Aug. 5, 1954, set out as an Effective Date note under section 2001 of Title 42, The Public Health and Welfare. SUBCHAPTER II—INDIAN SELF-DETER- MINATION AND EDUCATION ASSISTANCE § 450. Transferred Editorial Notes CODIFICATION Section 450 was editorially reclassified as section 5301 of this title. § 450a. Transferred Editorial Notes CODIFICATION Section 450a was editorially reclassified as section 5302 of this title. § 450a–1. Transferred Editorial Notes CODIFICATION Section 450a–1 was editorially reclassified as section 5303 of this title. § 450b. Transferred Editorial Notes CODIFICATION Section 450b was editorially reclassified as section 5304 of this title. § 450c. Transferred Editorial Notes CODIFICATION Section 450c was editorially reclassified as section 5305 of this title. § 450d. Transferred Editorial Notes CODIFICATION Section 450d was editorially reclassified as section 5306 of this title. § 450e. Transferred Editorial Notes CODIFICATION Section 450e was editorially reclassified as section 5307 of this title. § 4

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 450c

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

25 U.S.C. § 5304 — Authorization of appropriations

**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter. **(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.

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

25 U.S.C. § 5304 — Definitions

Page 719 TITLE 25—INDIANS § 5304 with the Secretary of the Interior, shall report to the President on progress toward establishing training modules regarding Tribal consultation and shall iden- tify additional resources or other support necessary to implement this training. SEC. 9. Definitions. The terms ‘‘Tribal officials,’’ ‘‘policies that have Tribal implications,’’ and ‘‘agency’’ as used in this memorandum are as defined in Execu- tive Order 13175. The terms ‘‘Tribes’’ and ‘‘Tribal Na- tions’’ as used in this memorandum have the same defi- nition as the term ‘‘Indian Tribe’’ as defined in Execu- tive Order 13175. SEC. 10. Scope. Nothing in this memorandum shall be construed to impair or otherwise affect the ability of heads of agencies to set more specific or more stringent standards, or to incorporate other best practices, for conducting Tribal consultation. SEC. 11. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) Independent agencies are strongly encouraged to comply with the provisions of this memorandum. (e) The Director of the Office of Manage

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

25 U.S.C. § 5321 — Self-determination contracts

Page 724 TITLE 25—INDIANS § 5310 1 See References in Text note below. plete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Public Law 103–413, referred to in text, is Pub. L. 103–413, Oct. 25, 1994, 108 Stat. 4250, known as the Indian Self-Determination Act Amendments of 1994, which is classified principally to subchapter IV (§ 5361 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 5301 of this title and Tables. Public Law 100–297, referred to in text, is Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 130, known as the Augus- tus F. Hawkins-Robert T. Stafford Elementary and Sec- ondary School Improvement Amendments of 1988. For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under sec- tion 6301 of Title 20, Education, and Tables. CODIFICATION Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1998, and not as part of the Indian Self-Determination and Education Assistance Act which comprises this chap- ter. Section was formerly classified to section 450e–2 of this title prior to editorial reclassification and renum- bering as this section. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation acts: Pub. L. 104–208, div. A, title I, § 101(d) [title III, § 310], Sept. 30, 1996, 110 Stat. 3009–181, 3009–221. Pub. L. 104–134, title I, § 101(c) [title III, § 310], Apr. 26, 1996, 110 Stat. 1321–156, 1321–197; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. § 5310. Investment of advance payments; restric- tions Ad

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5321

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