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25 U.S.C. § 5371 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Compact** — The term “compact” means a self-governance compact entered into under [section 5364 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5364&num=0&edition=prelim).
(2) **Construction program; construction project** — The term “construction program” or “construction project” means a Tribal undertaking relating to the administration, planning, environmental determination, design, construction, repair, improvement, or expansion of roads, bridges, buildings, structures, systems, or other facilities for purposes of housing, law enforcement, detention, sanitation, water supply, education, administration, community, health, irrigation, agriculture, conservation, flood control, transportation, or port facilities, or for other Tribal purposes.
(3) **Department** — The term “Department” means the Department of the Interior.
(4) **Funding agreement** — The term “funding agreement” means a funding agreement entered into under [section 5363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5363&num=0&edition=prelim).
(5) **Gross mismanagement** — The term “gross mismanagement” means a significant violation, shown by a preponderance of the evidence, of a compact, funding agreement, or statutory or regulatory requirement applicable to Federal funds for a program administered by an Indian Tribe under a compact or funding agreement.
(6) **Inherent Federal function** — The term “inherent Federal function” means a Federal function that may not legally be delegated to an Indian Tribe.
(7) **Non-BIA program** — The term “non-BIA program” means all or a portion of a program, function, service, or activity that is administered by any bureau, service, office, or agency o
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Source file: Laws/federal/codes/united-states-code/title-25/section-5371-definitions--d459f03442.md
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Source location: Title 25, Chapter 46, § 5371; chapter-046-indian-self-determination-and-education-assistance.md
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In this subchapter:
(1) **Compact** — The term “compact” means a self-governance compact entered into under [section 5364 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5364&num=0&edition=prelim).
(2) **Construction program; construction project** — The term “construction program” or “construction project” means a Tribal undertaking relating to the administration, planning, environmental determination, design, construction, repair, improvement, or expansion of roads, bridges, buildings, structures, systems, or other facilities for purposes of housing, law enforcement, detention, sanitation, water supply, education, administration, community, health, irrigation, agriculture, conservation, flood control, transportation, or port facilities, or for other Tribal purposes.
(3) **Department** — The term “Department” means the Department of the Interior.
(4) **Funding agreement** — The term “funding agreement” means a funding agreement entered into under [section 5363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5363&num=0&edition=prelim).
(5) **Gross mismanagement** — The term “gross mismanagement” means a significant violation, shown by a preponderance of the evidence, of a compact, funding agreement, or statutory or regulatory requirement applicable to Federal funds for a program administered by an Indian Tribe under a compact or funding agreement.
(6) **Inherent Federal function** — The term “inherent Federal function” means a Federal function that may not legally be delegated to an Indian Tribe.
(7) **Non-BIA program** — The term “non-BIA program” means all or a portion of a program, function, service, or activity that is administered by any bureau, service, office, or agency of the Department of the Interior other than—
(A) the Bureau of Indian Affairs;
(B) the Office of the Assistant Secretary for Indian Affairs; or
(C) the Office of the Special Trustee for American Indians.
(8) **Program** — The term “program” means any program, function, service, or activity (or portion thereof) within the Department that is included in a funding agreement.
(9) **Secretary** — The term “Secretary” means the Secretary of the Interior.
(10) **Self-determination contract** — The term “self-determination contract” means a self-determination contract entered into under [section 5321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim).
(11) **Self-governance** — The term “self-governance” means the Tribal Self-Governance Program established under [section 5362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5362&num=0&edition=prelim).
(12) **Tribal share** — The term “Tribal share” means the portion of all funds and resources of an Indian Tribe that—
(A) support any program within the Bureau of Indian Affairs, the Office of the Special Trustee for American Indians, or the Office of the Assistant Secretary for Indian Affairs; and
(B) are not required by the Secretary for the performance of an inherent Federal function.
(13) **Tribal water rights settlement** — The term “Tribal water rights settlement” means any settlement, compact, or other agreement expressly ratified or approved by an Act of Congress that—
(A) includes an Indian Tribe and the United States as parties; and
(B) quantifies or otherwise defines any water right of the Indian Tribe.
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5321
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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
### Statutory Notes
#### Codification
Section 450 was editorially reclassified as [section 5301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450f
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For the purposes of sections 5342 to 5348 of this title, the following definitions apply:
(1) **Contracting party** — The term “contracting party” means an entity that has a contract through a program authorized under sections 5342 to 5348 of this title.
(2) **Eligible entity** — The term “eligible entity” means an entity that is eligible to apply for a contract for a supplemental or operational support program under sections 5342 to 5348 of this title, as outlined in [section 5342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5342&num=0&edition=prelim).
(3) **Existing contracting party** — The term “existing contracting party” means a contracting party that has a contract under sections 5342 to 5348 of this title that is in effect on December 31, 2018.
(4) **JOM Modernization Act** — The term “JOM Modernization Act” means the Johnson-O’Malley Supplemental Indian Education Program Modernization Act.
(5) **New contracting party** — The term “new contracting party” means an entity that enters into a contract under sections 5342 to 5348 of this title after December 31, 2018.
(6) **Secretary** — The term “Secretary” means the Secretary of the Interior.
**(b) Determination of the number of eligible Indian students**
(1) **Initial determinations**
(A) *In general* — The Secretary shall make an initial determination of the number of eligible Indian students served or potentially served by each eligible entity in accordance with subparagraph (B).
(B) *Process for making the initial determination*
(i) *Preliminary report* — Not later than 180 days after December 31, 2018, the Secretary shall publish a preliminary report describing the number of eligible Indian students served or potentially serve
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5364
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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
Any school district educating Indian students who are members of recognized Indian tribes, who do not normally reside in the State in which such school district is located, and who are residing in Federal boarding facilities for the purposes of attending public schools within such district may, in the discretion of the Secretary of the Interior, be reimbursed by him for the full per capita costs of educating such Indian students.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5363
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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
**(a) Election; functions** Whenever a school district affected by a contract or contracts for the education of Indians pursuant to sections 5342 to 5348 of this title has a local school board not composed of a majority of Indians, the parents of the Indian children enrolled in the school or schools affected by such contract or contracts shall elect a local committee from among their number. Such committee shall fully participate in the development of, and shall have the authority to approve or disapprove programs to be conducted under such contract or contracts, and shall carry out such other duties, and be so structured, as the Secretary of the Interior shall by regulation provide: Provided, however, That, whenever a local Indian committee or committees established pursuant to [section 7424(c)(4) of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7424/c/4&num=0&edition=prelim) or an Indian advisory school board or boards established pursuant to sections 5342 to 5348 of this title prior to January 4, 1975, exists in such school district, such committee or board may, in the discretion of the affected tribal governing body or bodies, be utilized for the purposes of this section.
**(b) Revocation of contracts** The Secretary of the Interior may, in his discretion, revoke any contract if the contractor fails to permit a local committee to perform its duties pursuant to subsection (a) of this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5362
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5304
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall negotiate and enter into a written compact with each Indian Tribe participating in self-governance in a manner consistent with the trust responsibility of the Federal Government, treaty obligations, and the government-to-government relationship between Indian Tribes and the United States.
**(b) Contents** A compact under subsection (a) shall—
(1) specify and affirm the general terms of the government-to-government relationship between the Indian Tribe and the Secretary; and
(2) include such terms as the parties intend shall control during the term of the compact.
**(c) Amendment** A compact under subsection (a) may be amended only by agreement of the parties.
**(d) Effective date** The effective date of a compact under subsection (a) shall be—
(1) the date of the execution of the compact by the parties; or
(2) such date as is mutually agreed upon by the parties.
**(e) Duration** A compact under subsection (a) shall remain in effect—
(1) for so long as permitted by Federal law; or
(2) until termination by written agreement, retrocession, or reassumption.
**(f) Existing compacts** An Indian Tribe participating in self-governance under this subchapter, as in effect on October 21, 2020, shall have the option at any time after that date—
(1) to retain its negotiated compact (in whole or in part) to the extent that the provisions of the compact are not directly contrary to any express provision of this subchapter; or
(2) to negotiate a new compact in a manner consistent with this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5374
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