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25 U.S.C. § 5377 — Construction programs and projects
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Indian Tribes participating in Tribal self-governance may carry out any construction project included in a compact or funding agreement under this subchapter.
**(b) Tribal option to carry out certain Federal environmental activities** In carrying out a construction project under this subchapter, an Indian Tribe may, subject to the agreement of the Secretary, elect to assume some Federal responsibilities under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.), division A of subtitle III of title 54, and related provisions of other law and regulations that would apply if the Secretary were to undertake a construction project, by adopting a resolution—
(1) designating a certifying Tribal officer to represent the Indian Tribe and to assume the status of a responsible Federal official under those Acts, laws, or regulations; and
(2) accepting the jurisdiction of the United States courts for the purpose of enforcing the responsibilities of the certifying Tribal officer assuming the status of a responsible Federal official under those Acts, laws, or regulations.
**(c) Savings clause** Notwithstanding subsection (b), nothing in this section authorizes the Secretary to include in any compact or funding agreement duties of the Secretary under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.), division A of subtitle III of title 54, and other related provisions of law that are inherent Federal functions.
**(d) Codes and standards** In carrying out a construction project under this subchapter, an Indian Tribe sh
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Source location: Title 25, Chapter 46, § 5377; chapter-046-indian-self-determination-and-education-assistance.md
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**(a) In general** Indian Tribes participating in Tribal self-governance may carry out any construction project included in a compact or funding agreement under this subchapter.
**(b) Tribal option to carry out certain Federal environmental activities** In carrying out a construction project under this subchapter, an Indian Tribe may, subject to the agreement of the Secretary, elect to assume some Federal responsibilities under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.), division A of subtitle III of title 54, and related provisions of other law and regulations that would apply if the Secretary were to undertake a construction project, by adopting a resolution—
(1) designating a certifying Tribal officer to represent the Indian Tribe and to assume the status of a responsible Federal official under those Acts, laws, or regulations; and
(2) accepting the jurisdiction of the United States courts for the purpose of enforcing the responsibilities of the certifying Tribal officer assuming the status of a responsible Federal official under those Acts, laws, or regulations.
**(c) Savings clause** Notwithstanding subsection (b), nothing in this section authorizes the Secretary to include in any compact or funding agreement duties of the Secretary under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.), division A of subtitle III of title 54, and other related provisions of law that are inherent Federal functions.
**(d) Codes and standards** In carrying out a construction project under this subchapter, an Indian Tribe shall—
(1) adhere to applicable Federal, State, local, and Tribal building codes, architectural and engineering standards, and applicable Federal guidelines regarding design, space, and operational standards, appropriate for the particular project; and
(2) use only architects and engineers who—
(A) are licensed to practice in the State in which the facility will be built; and
(B) certify that—
(i) they are qualified to perform the work required by the specific construction involved; and
(ii) upon completion of design, the plans and specifications meet or exceed the applicable construction and safety codes.
**(e) Tribal accountability**
(1) **In general** — In carrying out a construction project under this subchapter, an Indian Tribe shall assume responsibility for the successful completion of the construction project and of a facility that is usable for the purpose for which the Indian Tribe received funding.
(2) **Requirements** — For each construction project carried out by an Indian Tribe under this subchapter, the Indian Tribe and the Secretary shall negotiate a provision to be included in the funding agreement that identifies—
(A) the approximate start and completion dates for the project, which may extend over a period of one or more years;
(B) a general description of the project, including the scope of work, references to design criteria, and other terms and conditions;
(C) the responsibilities of the Indian Tribe and the Secretary for the project;
(D) how project-related environmental considerations will be addressed;
(E) the amount of funds provided for the project;
(F) the obligations of the Indian Tribe to comply with the codes referenced in subsection (d)(1) and applicable Federal laws and regulations;
(G) the agreement of the parties over who will bear any additional costs necessary to meet changes in scope, or errors or omissions in design and construction; and
(H) the agreement of the Secretary to issue a certificate of occupancy, if requested by the Indian Tribe, based upon the review and verification by the Secretary, to the satisfaction of the Secretary, that the Indian Tribe has secured upon completion the review and approval of the plans and specifications, sufficiency of design, life safety, and code compliance by qualified, licensed, and independent architects and engineers.
**(f) Funding**
(1) **In general** — Funding appropriated for construction projects carried out under this subchapter shall be included in funding agreements as annual or semiannual advance payments at the option of the Indian Tribe.
(2) **Advance payments** — The Secretary shall include all associated project contingency funds with each advance payment, and the Indian Tribe shall be responsible for the management of such contingency funds.
**(g) Negotiations** At the option of the Indian Tribe, construction project funding proposals shall be negotiated pursuant to the statutory process in [section 5324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324&num=0&edition=prelim), and any resulting construction project agreement shall be incorporated into the funding agreement as addenda.
**(h) Federal review and verification**
(1) **In general** — On a schedule negotiated by the Secretary and the Indian Tribe—
(A) the Secretary shall review and verify, to the satisfaction of the Secretary, that project planning and design documents prepared by the Indian Tribe in advance of initial construction are in conformity with the obligations of the Indian Tribe under subsection (d); and
(B) before the project planning and design documents are implemented, the Secretary shall review and verify to the satisfaction of the Secretary that subsequent document amendments which result in a significant change in construction are in conformity with the obligations of the Indian Tribe under subsection (d).
(2) **Reports** — The Indian Tribe shall provide the Secretary with project progress and financial reports not less than semiannually.
(3) **Oversight visits** — The Secretary may conduct onsite project oversight visits semiannually or on an alternate schedule agreed to by the Secretary and the Indian Tribe.
**(i) Application of other laws** Unless otherwise agreed to by the Indian Tribe and except as otherwise provided in this chapter, no provision of title 41, the Federal Acquisition Regulation, or any other law or regulation pertaining to Federal procurement (including Executive orders) shall apply to any construction program or project carried out under this subchapter.
**(j) Future funding** Upon completion of a facility constructed under this subchapter, the Secretary shall include the facility among those eligible for annual operation and maintenance funding support comparable to that provided for similar facilities funded by the Department as annual appropriations are available and to the extent that the facility size and complexity and other factors do not exceed the funding formula criteria for comparable buildings.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter, the term—
**(a)** “construction programs” means programs for the planning, design, construction, repair, improvement, and expansion of buildings or facilities, including, but not limited to, housing, law enforcement and detention facilities, sanitation and water systems, roads, schools, administration and health facilities, irrigation and agricultural work, and water conservation, flood control, or port facilities;
**(b)** “contract funding base” means the base level from which contract funding needs are determined, including all contract costs;
**(c)** “direct program costs” means costs that can be identified specifically with a particular contract objective;
**(d)** “Indian” means a person who is a member of an Indian tribe;
**(e)** “Indian tribe” or “Indian Tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [[43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians;
**(f)** “indirect costs” means costs incurred for a common or joint purpose benefiting more than one contract objective, or which are not readily assignable to the contract objectives specifically benefited without effort disproportionate to the results achieved;
**(g)** “indirect cost rate” means the rate arrived at through negotiation between an Indian tribe or tribal organization and the appropriate Federal agency;
**(h)** “mature contract” means a self-d
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5324
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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
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458b was editorially reclassified as [section 5353 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5353&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 458gg
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization** The Secretary shall, on the request of any Indian Tribe or Tribal organization, negotiate and enter into a written funding agreement with the governing body of the Indian Tribe or the Tribal organization in a manner consistent with—
(1) the trust responsibility of the Federal Government, treaty obligations, and the government-to-government relationship between Indian Tribes and the United States; and
(2) subsection (b).
**(b) Contents** Each funding agreement shall—
(1) authorize the tribe to plan, conduct, consolidate, and administer programs, services, functions, and activities, or portions thereof, administered by the Department of the Interior through the Bureau of Indian Affairs, the Office of the Assistant Secretary for Indian Affairs, and the Office of the Special Trustee for American Indians, without regard to the agency or office of that Bureau or those Offices within which the program, service, function, and activity, or portion thereof, is performed, including funding for agency, area, and central office functions in accordance with subsection (g)(3) of this section, and including—
(A) any program, service, function, and activity, or portion thereof, administered under the authority of—
(i) the Act of April 16, 1934 ([25 U.S.C. 452](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section452&num=0&edition=prelim) et seq.); 11 See References in Text note below. and
(ii) [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim);
(B) programs, services, functions, and activities or portions thereof administered by the Secretary of the Interior that are otherwise available to Indian tribes or Indians for which appropriations are made
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5373
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** At the request of the governing body of an Indian Tribe and under the terms of an applicable funding agreement, the Secretary shall provide funding to the Indian Tribe to carry out the funding agreement.
**(b) Advance annual payment** At the option of the Indian Tribe, a funding agreement shall provide for an advance annual payment to an Indian Tribe.
**(c) Amount**
(1) **In general** — Subject to subsection (e) and sections 5363 and 5365 of this title, the Secretary shall provide funds to the Indian Tribe under a funding agreement for programs in an amount that is equal to the amount that the Indian Tribe would have been entitled to receive under contracts and grants under this chapter (including amounts for direct program and contract support costs and, in addition, any funds that are specifically or functionally related to the provision by the Secretary of services and benefits to the Indian Tribe or its members) without regard to the organization level within the Department at which the programs are carried out.
(2) **Savings clause** — Nothing in this section reduces programs, services, or funds of, or provided to, another Indian Tribe.
**(d) Timing**
(1) **In general** — Pursuant to the terms of any compact or funding agreement entered into under this subchapter, the Secretary shall transfer to the Indian Tribe all funds provided for in the funding agreement, pursuant to subsection (c), and provide funding for periods covered by joint resolution adopted by Congress making continuing appropriations, to the extent permitted by such resolution.
(2) **Transfers** — Not later than 1 year after October 21, 2020, in any instance in which a funding agreement requires an annual transfer of funding to be made at the beginning of a fiscal year or re
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5381
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Federal law — U.S. Code and appendices · legal_authorities
Page 775
TITLE 25—INDIANS
§ 5381
1 So in original. Probably should be followed by ‘‘or’’.
civil action for judicial review of any decision
made by the Secretary under this subchapter,
the Secretary shall have the burden of proof of
demonstrating by a preponderance of the evi-
dence—
(1) the validity of the grounds for the deci-
sion; and
(2) the consistency of the decision with the
requirements and policies of this subchapter.
(Pub. L. 93–638, title IV, § 415, as added Pub. L.
116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat.
878.)
§ 5376. Application of other provisions
Section 314 of the Department of the Interior
and Related Agencies Appropriations Act, 1991
(Public Law 101–512; 104 Stat. 1959), shall apply
to compacts and funding agreements entered
into under this subchapter.
(Pub. L. 93–638, title IV, § 416, as added Pub. L.
116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat.
878.)
Editorial Notes
REFERENCES IN TEXT
Section 314 of the Department of the Interior and Re-
lated Agencies Appropriations Act, 1991, referred to in
text, is section 314 of Pub. L. 101–512, which is set out
as a note under section 5321 of this title.
§ 5377. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out this sub-
chapter.
(Pub. L. 93–638, title IV, § 417, as added Pub. L.
116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat.
878.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in section 5368 of this title prior to repeal by
Pub. L. 116–180.
SUBCHAPTER V—TRIBAL SELF-
GOVERNANCE—INDIAN HEALTH SERVICE
Editorial Notes
CODIFICATION
Subchapter is comprised of title V of Pub. L. 93–638,
as added by Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat.
7
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5377
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Federal law — U.S. Code and appendices · legal_authorities
Page 6095
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 4321
Sec.
4368a.
Utilization of talents of older Americans in
projects of pollution prevention, abate-
ment, and control.
4368b.
General assistance program.
4369.
Miscellaneous reports.
4369a.
Reports on environmental research and devel-
opment activities of Agency.
4370.
Reimbursement for use of facilities.
4370a.
Assistant Administrators of Environmental
Protection Agency; appointment; duties.
4370b.
Availability of fees and charges to carry out
Agency programs.
4370c.
Environmental Protection Agency fees.
4370d.
Percentage of Federal funding for organiza-
tions owned by socially and economically
disadvantaged individuals.
4370e.
Working capital fund in Treasury.
4370f.
Availability of funds after expiration of pe-
riod for liquidating obligations.
4370g.
Availability of funds for uniforms and certain
services.
4370h.
Availability of funds for facilities.
4370i.
Regional liaisons for minority, tribal, and
low-income communities.
4370j.
Municipal Ombudsman.
SUBCHAPTER IV—FEDERAL PERMITTING
IMPROVEMENT
4370m.
Definitions.
4370m–1. Federal Permitting Improvement Steering
Council.
4370m–2. Permitting process improvement.
4370m–3. Interstate compacts.
4370m–4. Coordination of required reviews.
4370m–5. Delegated State permitting programs.
4370m–6. Litigation, judicial review, and savings provi-
sion.
4370m–7. Reports.
4370m–8. Funding for governance, oversight, and proc-
essing of environmental reviews and per-
mits.
4370m–9. Application.
4370m–10. GAO report.
4370m–11. Savings provision.
4370m–12. Repealed.
§ 4321. Congressional declaration of purpose
The purposes of this chapter are: To declare a
national policy which will encourage productive
and enjoyable harmony
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4321
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