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25 U.S.C. § 5382 — Facilitation

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

25 U.S.C. § 5382 — Facilitation

**(a) In general** Except as otherwise provided by law (including section 101(a) of the PROGRESS for Indian Tribes Act), the Secretary shall interpret each Federal law and regulation in a manner that facilitates— (1) the inclusion of programs in funding agreements; and (2) the implementation of funding agreements. **(b) Regulation waiver** (1) **Request** — An Indian Tribe may submit to the Secretary a written request for a waiver of applicability of a Federal regulation, including— (A) an identification of the specific text in the regulation sought to be waived; and (B) the basis for the request. (2) **Determination by the secretary** — Not later than 120 days after receipt by the Secretary and the designated officials under paragraph (4) of a request under paragraph (1), the Secretary shall approve or deny the requested waiver in writing to the Indian Tribe. (3) **Extensions** — The deadline described in paragraph (2) may be extended for any length of time, as agreed upon by both the Indian Tribe and the Secretary. (4) **Designated officials** — The Secretary shall designate one or more appropriate officials in the Department to receive a copy of the waiver request described in paragraph (1). (5) **Grounds for denial** — The Secretary may deny a request under paragraph (1) upon a specific finding by the Secretary that the identified text in the regulation may not be waived because such a waiver is prohibited by Federal law. (6) **Failure to make determination** — If the Secretary fails to make a determination with respect to a waiver request within the period specified in paragraph (2) (including any extension agreed to under paragraph (3)), the Secretary shall be deemed to have agreed to the request, except that for a waiver request relating to program

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Source file: Laws/federal/codes/united-states-code/title-25/section-5382-facilitation--4adaaae25e.md
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Source location: Title 25, Chapter 46, § 5382; 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. § 5361 — Contracts for education in public schools; submission of education plan by contractor as prerequisite; criteria for approval of plan by Secretary of the Interior; participation by non-Indian students

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.

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

25 U.S.C. § 458aaa–11 — Transferred

### Statutory Notes #### Codification Section 458aaa–1 was editorially reclassified as [section 5382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5382&num=0&edition=prelim).

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

25 U.S.C. § 5391 — Definitions

**(a) In general** In this subchapter: (1) **Construction project** — The term “construction project”— (A) means an organized noncontinuous undertaking to complete a specific set of predetermined objectives for the planning, environmental determination, design, construction, repair, improvement, or expansion of buildings or facilities, as described in a construction project agreement; and (B) does not include construction program administration and activities described in paragraphs (1) through (3) of [section 5304(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304/m&num=0&edition=prelim), that may otherwise be included in a funding agreement under this subchapter. (2) **Construction project agreement** — The term “construction project agreement” means a negotiated agreement between the Secretary and an Indian tribe, that at a minimum— (A) establishes project phase start and completion dates; (B) defines a specific scope of work and standards by which it will be accomplished; (C) identifies the responsibilities of the Indian tribe and the Secretary; (D) addresses environmental considerations; (E) identifies the owner and operations and maintenance entity of the proposed work; (F) provides a budget; (G) provides a payment process; and (H) establishes the duration of the agreement based on the time necessary to complete the specified scope of work, which may be 1 or more years. (3) **Gross mismanagement** — The term “gross mismanagement” means a significant, clear, and convincing violation of a compact, funding agreement, or regulatory, or statutory requirements applicable to Federal funds transferred to an Indian tribe by a compact or funding agreement that results in a significant reduction

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

25 U.S.C. § 5382 — Establishment

Page 776 TITLE 25—INDIANS § 5382 (b) Indian tribe In any case in which an Indian tribe has au- thorized another Indian tribe, an inter-tribal consortium, or a tribal organization to plan for or carry out programs, services, functions, or ac- tivities (or portions thereof) on its behalf under this subchapter, the authorized Indian tribe, inter-tribal consortium, or tribal organization shall have the rights and responsibilities of the authorizing Indian tribe (except as otherwise provided in the authorizing resolution or in this subchapter). In such event, the term ‘‘Indian tribe’’ as used in this subchapter shall include such other authorized Indian tribe, inter-tribal consortium, or tribal organization. (Pub. L. 93–638, title V, § 501, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 712.) Editorial Notes CODIFICATION Section was formerly classified to section 458aaa of this title prior to editorial reclassification and renum- bering as this section. Another section 501 of Pub. L. 93–638 was renumbered section 801 and is classified to section 5421 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–260, § 13, Aug. 18, 2000, 114 Stat. 734, pro- vided that: ‘‘Except as otherwise provided, the provi- sions of this Act [enacting this subchapter, amending sections 5321, 5324, and 5325 of this title, enacting provi- sions set out as notes under this section and sections 5301 and 5321 of this title, and repealing provisions set out as a note under former section 450f of this title] shall take effect on the date of the enactment of this Act [Aug. 18, 2000].’’ FINDINGS Pub. L. 106–260, § 2, Aug. 18, 2000, 114 Stat. 711, pro- vided that: ‘‘Congress finds that— ‘‘(1) the tribal right of self-government flows from th

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