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25 U.S.C. § 5344 — Department of the Interior: availability of funds for Indian self-determination or self-governance contract or grant support costs
Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of law, including but not limited to the Indian Self-Determination Act of 1975, as amended [[25 U.S.C. 5321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) et seq.], on and after November 29, 1999, funds available to the Department of the Interior for Indian self-determination or self-governance contract or grant support costs may be expended only for costs directly attributable to contracts, grants and compacts pursuant to the Indian Self-Determination Act of 1975 and on and after November 29, 1999, funds appropriated in this title 11 See References in Text note below. shall not be available for any contract support costs or indirect costs associated with any contract, grant, cooperative agreement, self-governance compact or funding agreement entered into between an Indian tribe or tribal organization and any entity other than an agency of the Department of the Interior.
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Source file: Laws/federal/codes/united-states-code/title-25/section-5344-department-of-the-interior-availability-of-funds-for-indian-self-determi--6a01c94d39.md
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Source location: Title 25, Chapter 46, § 5344; chapter-046-indian-self-determination-and-education-assistance.md
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Notwithstanding any other provision of law, including but not limited to the Indian Self-Determination Act of 1975, as amended [[25 U.S.C. 5321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) et seq.], on and after November 29, 1999, funds available to the Department of the Interior for Indian self-determination or self-governance contract or grant support costs may be expended only for costs directly attributable to contracts, grants and compacts pursuant to the Indian Self-Determination Act of 1975 and on and after November 29, 1999, funds appropriated in this title 11 See References in Text note below. shall not be available for any contract support costs or indirect costs associated with any contract, grant, cooperative agreement, self-governance compact or funding agreement entered into between an Indian tribe or tribal organization and any entity other than an agency of the Department of the Interior.
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Federal law — U.S. Code and appendices · legal_authorities
**(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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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
### Statutory Notes
#### Codification
Section 454 was editorially reclassified as [section 5344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5344&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 458aa
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Federal law — U.S. Code and appendices · legal_authorities
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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Federal law — U.S. Code and appendices · legal_authorities
Page 752
TITLE 25—INDIANS
§ 5343
or of the corporations and organizations hereinbefore
named,’’, and ‘‘such State or Territory’’ for ‘‘any State
or Territory having legal authority so to do,’’,
‘‘through the qualified agencies of such State or Terri-
tory,’’, and ‘‘such State’’, respectively.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Sections 5342 to 5348 of this title popularly known as
the ‘‘Johnson-O’Malley Act’’, see note under section
5301 of this title.
DISTRIBUTION OF PUBLIC SCHOOL ASSISTANCE
Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1795,
provided that: ‘‘notwithstanding any other provision of
law, the amounts available for assistance to public
schools under the Act of April 16, 1934 (48 Stat. 596), as
amended (25 U.S.C. 452 et seq.) [now 25 U.S.C. 5342 et
seq.], shall be distributed on the basis of the formula
recommended by the Assistant Secretary of Indian Af-
fairs in a letter to the Committees on Appropriations
dated June 27, 1988, except that for the fiscal year end-
ing September 30, 1989, the minimum weight factor
shall be 1.1 rather than 1.3 and for the fiscal year end-
ing September 30, 1990, the minimum weight factor
shall be 1.2 rather than 1.3’’.
Similar provisions were contained in the following
prior appropriation act:
Pub. L. 100–202, § 101(g) [title I], Dec. 22, 1987, 101 Stat.
1329–213, 1329–228.
LIMITATION ON CONTRACT AUTHORITY
Pub. L. 99–190, § 101(d) [title I], Dec. 19, 1985, 99 Stat.
1224, 1235, provided that: ‘‘notwithstanding any law or
regulation, in allocating funds for aid to public schools
under the Act of April 16, 1934, as amended [25 U.S.C.
5342 et seq.], the Secretary shall enter into contracts
only for the provision of supplementary educational
services for Indian children’’.
§
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5344
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