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25 U.S.C. § 5383 — Discretionary application of other sections
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as otherwise provided in section 201(d) of the PROGRESS for Indian Tribes Act, at the option of a participating Indian Tribe or Indian Tribes, any of the provisions of subchapter I may be incorporated in any compact or funding agreement under this subchapter. The inclusion of any such provision shall be subject to, and shall not conflict with, section 101(a) of such Act.
**(b) Effect** Each incorporated provision under subsection (a) shall—
(1) have the same force and effect as if set out in full in this subchapter;
(2) supplement or replace any related provision in this subchapter; and
(3) apply to any agency otherwise governed by this subchapter.
**(c) Effective date** If an Indian Tribe requests incorporation at the negotiation stage of a compact or funding agreement, the incorporation shall—
(1) be effective immediately; and
(2) control the negotiation and resulting compact and funding agreement.
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Source location: Title 25, Chapter 46, § 5383; chapter-046-indian-self-determination-and-education-assistance.md
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**(a) In general** Except as otherwise provided in section 201(d) of the PROGRESS for Indian Tribes Act, at the option of a participating Indian Tribe or Indian Tribes, any of the provisions of subchapter I may be incorporated in any compact or funding agreement under this subchapter. The inclusion of any such provision shall be subject to, and shall not conflict with, section 101(a) of such Act.
**(b) Effect** Each incorporated provision under subsection (a) shall—
(1) have the same force and effect as if set out in full in this subchapter;
(2) supplement or replace any related provision in this subchapter; and
(3) apply to any agency otherwise governed by this subchapter.
**(c) Effective date** If an Indian Tribe requests incorporation at the negotiation stage of a compact or funding agreement, the incorporation shall—
(1) be effective immediately; and
(2) control the negotiation and resulting compact and funding agreement.
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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
The Secretary of the Interior shall not enter into any contract for the education of Indians unless the prospective contractor has submitted to, and has had approved by the Secretary of the Interior, an education plan, which plan, in the determination of the Secretary, contains educational objectives which adequately address the educational needs of the Indian students who are to be beneficiaries of the contract and assures that the contract is capable of meeting such objectives: Provided, That where students other than Indian students participate in such programs, money expended under such contract shall be prorated to cover the participation of only the Indian students.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5361
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458aaa–2 was editorially reclassified as [section 5383 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5383&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory provisions**
(1) **Health status reports** — Compacts or funding agreements negotiated between the Secretary and an Indian tribe shall include a provision that requires the Indian tribe to report on health status and service delivery—
(A) to the extent such data is not otherwise available to the Secretary and specific funds for this purpose are provided by the Secretary under the funding agreement; and
(B) if such reporting shall impose minimal burdens on the participating Indian tribe and such requirements are promulgated under [section 5397 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5397&num=0&edition=prelim).
(2) **Reassumption**
(A) *In general* — Compacts or funding agreements negotiated between the Secretary and an Indian tribe shall include a provision authorizing the Secretary to reassume operation of a program, service, function, or activity (or portions thereof) and associated funding if there is a specific finding relative to that program, service, function, or activity (or portion thereof) of—
(i) imminent endangerment of the public health caused by an act or omission of the Indian tribe, and the imminent endangerment arises out of a failure to carry out the compact or funding agreement; or
(ii) gross mismanagement with respect to funds transferred to a tribe by a compact or funding agreement, as determined by the Secretary in consultation with the Inspector General, as appropriate.
(B) *Prohibition* — The Secretary shall not reassume operation of a program, service, function, or activity (or portions thereof) unless—
(i) the Secretary has first provided written notice and a hearing on the record to the Indian tribe; and
(ii) the Indian tribe has not taken corre
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5397
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Federal law — U.S. Code and appendices · legal_authorities
Page 777
TITLE 25—INDIANS
§ 5384
1 See References in Text note below.
§ 5383. Selection of participating Indian tribes
(a) Continuing participation
Each Indian tribe that is participating in the
Tribal Self-Governance Demonstration Project
under title III 1 on August 18, 2000, may elect to
participate in self-governance under this sub-
chapter under existing authority as reflected in
tribal resolution.
(b) Additional participants
(1) In general
In addition to those Indian tribes partici-
pating in self-governance under subsection (a)
of this section, each year an additional 50 In-
dian tribes that meet the eligibility criteria
specified in subsection (c) of this section shall
be entitled to participate in self-governance.
(2) Treatment of certain Indian tribes
(A) In general
An Indian tribe that has withdrawn from
participation in an inter-tribal consortium
or tribal organization, in whole or in part,
shall be entitled to participate in self-gov-
ernance provided the Indian tribe meets the
eligibility criteria specified in subsection (c)
of this section.
(B) Effect of withdrawal
If an Indian tribe has withdrawn from par-
ticipation in an inter-tribal consortium or
tribal organization, that Indian tribe shall
be entitled to its tribal share of funds sup-
porting those programs, services, functions,
and activities (or portions thereof) that the
Indian tribe will be carrying out under the
compact and funding agreement of the In-
dian tribe.
(C) Participation in self-governance
In no event shall the withdrawal of an In-
dian tribe from an inter-tribal consortium or
tribal organization affect the eligibility of
the inter-tribal consortium or tribal organi-
zation to participate in self-governance.
(c) Applicant pool
(1) In general
The quali
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