Browse Arkansas Code titles and sections
25 U.S.C. § 5310 — Investment of advance payments; restric-
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
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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
Advance payments made by the Department of
the Interior to Indian tribes, tribal organiza-
tions, and tribal consortia pursuant to the In-
dian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450 et seq.) 1 or the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501 et
seq.) may on and after December 8, 2004, be in-
vested by the Indian tribe, tribal organization,
or consortium before such funds are expended
for the purposes of the grant, compact, or an-
nual funding agreement so long as such funds
are—
(1) invested by the Indian tribe, tribal orga-
nization, or consortium only in obligations of
the United States, or in obligations or securi-
ties that are guaranteed or insured by the
United States, or mutual (or other) funds reg-
istered with the Securities and Exchange Com-
mission and which only invest in obligations
of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are in-
sured by an agency or instrumentality of the
United States, or are fully collateralized to
ensure protection of the funds, even in the
event of a bank failure.
(Pub. L. 108–447, div. E, title I, § 111, Dec. 8, 2004,
118 Stat. 3064.)
Editorial Notes
REFERENCES IN TEXT
The Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450 et seq.), referred to in text, is
Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was clas-
sified principally to subchapter II (§ 450 et seq.) of chap-
ter 14 of this title prior to editorial reclassification as
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section
5301 of this title and Tables.
The Tribally Controlled Schools Act of 1988, referred
to in text, is part B (§§ 5201–5212) of title V of Pub. L.
100–297, Apr. 28, 1988, 102 Stat. 385, which is classified
generally to chapter 27 (§ 2501 et seq.) of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 2501 of this title
and Tables.
CODIFICATION
Section was enacted as part of the Department of the
Interior and Related Agencies Appropriations Act, 2005,
and also as part of the Consolidated Appropriations
Act, 2005, and not as part of the Indian Self-Determina-
tion and Education Assistance Act which comprises
this chapter.
Section was formerly classified to section 450e–3 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. 108–108, title I, § 111, Nov. 10, 2003, 117 Stat.
1266.
Pub. L. 108–7, div. F, title I, § 111, Feb. 20, 2003, 117
Stat. 239.
Pub. L. 107–63, title I, § 111, Nov. 5, 2001, 115 Stat. 438.
Pub. L. 106–291, title I, § 111, Oct. 11, 2000, 114 Stat. 942.
Pub. L. 106–113, div. B, § 1000(a)(3), [title I, § 111], Nov.
29, 1999, 113 Stat. 1535, 1501A–156.
Pub. L. 105–277, div. A, § 101(e), [title I, § 111], Oct. 21,
1998, 112 Stat. 2681–231, 2681–254.
Pub. L. 105–83, title I, § 112, Nov. 14, 1997, 111 Stat.
1562.
SUBCHAPTER I—INDIAN SELF-
DETERMINATION
§ 5321. Self-determination contracts
(a) Request by tribe; authorized programs
(1) The Secretary is directed, upon the request
of any Indian tribe by tribal resolution, to enter
into a self-determination contract or contracts
with a tribal organization to plan, conduct, and
administer programs or portions thereof, includ-
ing construction programs—
(A) provided for in the Act of April 16, 1934
(48 Stat. 596), as amended [25 U.S.C. 5342 et
seq.];
(B) which the Secretary is authorized to ad-
minister for the benefit of Indians under the
Act of November 2, 1921 (42 Stat. 208) [25 U.S.C.
13], and any Act subsequent thereto;
(C) provided by the Secretary of Health and
Human Services under the Act of August 5,
1954 (68 Stat. 674), as amended [42 U.S.C. 2001 et
seq.];
(D) administered by the Secretary for the
benefit of Indians for which appropriations are
made to agencies other than the Department
of Health and Human Services or the Depart-
ment of the Interior; and
(E) for the benefit of Indians because of their
status as Indians without regard to the agency
or office of the Department of Health and
Human Services or the Department of the In-
terior within which it is performed.
The programs, functions, services, or activities
that are contracted under this paragraph shall
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
The Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States for the following purposes:
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Federal law — U.S. Code and appendices · legal_authorities
Page 13
TITLE 25—INDIANS
§ 13
unallotted lands, to persons, corporations, or or-
ganizations for lands reserved to them under the
law for their use and benefit, and to any tribal
deeds made and executed according to law for
any of the Five Civilized Tribes of Indians in
Oklahoma.
(Mar. 3, 1911, ch. 210, § 17, 36 Stat. 1069.)
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with cer-
tain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
§ 12. Agent to negotiate commutation of annuities
The Commissioner of Indian Affairs is author-
ized to send a special Indian Agent, or other rep-
resentative of his office, to visit any Indian
tribe for the purpose of negotiating and entering
into a written agreement with such tribe for the
commutation of the perpetual annuities due
under treaty stipulations, to be subject to the
approval of Congress; and the Commissioner of
Indian Affairs shall transmit to Congress said
agreements with such recommendations as he
may deem proper.
(Apr. 30, 1908, ch. 153, 35 Stat. 73.)
Statutory Notes and Related Subsidiaries
INDIAN AGENTS
The services of Indian agents have been dispensed
with. See note set out under section 64 of this title.
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with cer-
tain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Recognition** Congress recognizes that the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.], which was a product of the legitimate aspirations and a recognition of the inherent authority of Indian nations, was and is a crucial positive step toward tribal and community control and that the United States has an obligation to assure maximum Indian participation in the direction of educational services so as to render the persons administering such services and the services themselves more responsive to the needs and desires of Indian communities.
**(b) Commitment** Congress declares its commitment to the maintenance of the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children through the establishment of a meaningful Indian self-determination policy for education that will deter further perpetuation of Federal bureaucratic domination of programs.
**(c) National goal** Congress declares that a national goal of the United States is to provide the resources, processes, and structure that will enable tribes and local communities to obtain the quantity and quality of educational services and opportunities that will permit Indian children—
(1) to compete and excel in areas of their choice; and
(2) to achieve the measure of self-determination essential to their social and economic well-being.
**(d) Educational needs** Congress affirms—
(1) true self-determination in any society of people is dependent upon an educational process that will ensure the development of qualified people to fulfill meaningful leadership roles;
(2) that Indian people hav
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Federal law — U.S. Code and appendices · legal_authorities
Page 484
TITLE 25—INDIANS
§ 2501
Nov. 18, 1988, 102 Stat. 4219; Pub. L. 101–630, title V,
§ 509(a), Nov. 28, 1990, 104 Stat. 4567, provided for Indian
Health Service program of alcohol and substance abuse
detoxification and rehabilitation for Indian youth.
Section 2475, Pub. L. 99–570, title IV, § 4228, Oct. 27,
1986, 100 Stat. 3207–150; Pub. L. 100–690, title II, § 2213,
Nov. 18, 1988, 102 Stat. 4220, provided for program of
training and community education about alcohol and
substance abuse.
Section 2476, Pub. L. 99–570, title IV, § 4229, Oct. 27,
1986, 100 Stat. 3207–152; Pub. L. 100–690, title II, § 2214,
Nov. 18, 1988, 102 Stat. 4220, provided for establishment
of Navajo alcohol rehabilitation demonstration pro-
gram.
Section 2477, Pub. L. 99–570, title IV, § 4230, Oct. 27,
1986, 100 Stat. 3207–152, related to compilation of data
and preparation of reports on cases of alcohol or sub-
stance abuse in which Indian Health Service personnel
or services were involved.
Section 2478, Pub. L. 99–570, title IV, § 4231, as added
Pub. L. 100–690, title II, § 2215, Nov. 18, 1988, 102 Stat.
4221, authorized grants for alcohol and substance abuse
prevention and treatment in urban centers.
CHAPTER 27—TRIBALLY CONTROLLED
SCHOOL GRANTS
Sec.
2501.
Declaration of policy.
2502.
Grants authorized.
2502a.
Retrocession or re-assumption of Indian edu-
cation funds.
2503.
Composition of grants.
2504.
Eligibility for grants.
2505.
Duration of eligibility determination.
2506.
Payment of grants; investment of funds.
2507.
Application with respect to Indian Self-Deter-
mination and Education Assistance Act.
2508.
Role of the Director.
2509.
Regulations.
2510.
The tribally controlled grant school endow-
ment program.
2511.
Definitions.
§ 2501. Decla
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458aaa–18 was editorially reclassified as [section 5399 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5399&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 141
TITLE 25—INDIANS
§ 450f
Section was formerly classified to section 93 of Title
45, Railroads.
§ 443c. Transferred
Editorial Notes
CODIFICATION
Section 443c was editorially reclassified as section
1684 of this title.
§ 443d. Transferred
Editorial Notes
CODIFICATION
Section 443d was editorially reclassified as section
1685 of this title.
§§ 444 to 449. Repealed. Aug. 5, 1954, ch. 658, § 5,
68 Stat. 675
Sections, act Apr. 3, 1952, ch. 129, §§ 1–6, 66 Stat. 35, re-
lated to Indian hospital services and facilities. See sec-
tion 2001 et seq. of Title 42, The Public Health and Wel-
fare.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective July 1, 1959, see section 6 of act Aug.
5, 1954, set out as an Effective Date note under section
2001 of Title 42, The Public Health and Welfare.
SUBCHAPTER
II—INDIAN
SELF-DETER-
MINATION AND EDUCATION ASSISTANCE
§ 450. Transferred
Editorial Notes
CODIFICATION
Section 450 was editorially reclassified as section 5301
of this title.
§ 450a. Transferred
Editorial Notes
CODIFICATION
Section 450a was editorially reclassified as section
5302 of this title.
§ 450a–1. Transferred
Editorial Notes
CODIFICATION
Section 450a–1 was editorially reclassified as section
5303 of this title.
§ 450b. Transferred
Editorial Notes
CODIFICATION
Section 450b was editorially reclassified as section
5304 of this title.
§ 450c. Transferred
Editorial Notes
CODIFICATION
Section 450c was editorially reclassified as section
5305 of this title.
§ 450d. Transferred
Editorial Notes
CODIFICATION
Section 450d was editorially reclassified as section
5306 of this title.
§ 450e. Transferred
Editorial Notes
CODIFICATION
Section 450e was editorially reclassified as section
5307 of this title.
§ 4
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter—
(1) the term “Bureau funded school” has the meaning given that term in title XI of the Education Amendments of 1978 [[25 U.S.C. 2000](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2000&num=0&edition=prelim) et seq.];
(2) the term “Foundation” means the Foundation established by the Secretary pursuant to [section 5421 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5421&num=0&edition=prelim); and
(3) the term “Secretary” means the Secretary of the Interior.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Amount of funds provided**
(1) The amount of funds provided under the terms of self-determination contracts entered into pursuant to this chapter shall not be less than the appropriate Secretary would have otherwise provided for the operation of the programs or portions thereof for the period covered by the contract, without regard to any organizational level within the Department of the Interior or the Department of Health and Human Services, as appropriate, at which the program, function, service, or activity or portion thereof, including supportive administrative functions that are otherwise contractable, is operated.
(2) There shall be added to the amount required by paragraph (1) contract support costs which shall consist of an amount for the reasonable costs for activities which must be carried on by a tribal organization as a contractor to ensure compliance with the terms of the contract and prudent management, but which—
(A) normally are not carried on by the respective Secretary in his direct operation of the program; or
(B) are provided by the Secretary in support of the contracted program from resources other than those under contract.
(3)
(A) The contract support costs that are eligible costs for the purposes of receiving funding under this chapter shall include the costs of reimbursing each tribal contractor for reasonable and allowable costs of—
(i) direct program expenses for the operation of the Federal program that is the subject of the contract; and
(ii) any additional administrative or other expense incurred by the governing body of the Indian Tribe or Tribal organization and any overhead expense incurred by the tribal contractor in connection with the operation of the Federal program, function, service, or activity pursuan
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Federal law — U.S. Code and appendices · legal_authorities
Page 751
TITLE 25—INDIANS
§ 5342
lows: ‘‘Unless otherwise agreed to by the resolution of
tribal organization, the Secretary shall not revise or
amend a self-determination contract with such tribal
organization.’’
Subsec. (c). Pub. L. 101–301, § 1(a)(2), made technical
correction to directory language of Pub. L. 100–581,
§ 212(c). See 1988 Amendment note below.
1988—Subsec. (a). Pub. L. 100–581, § 212(a), as amended
by Pub. L. 101–301, § 1(a)(2), substituted ‘‘over any civil
action’’ for ‘‘over civil action’’ after ‘‘Court of
Claims,’’.
Subsec. (b). Pub. L. 100–581, § 212(b), substituted ‘‘of
tribal organization’’ for ‘‘of an Indian tribe’’ and ‘‘such
tribal organization’’ for ‘‘such tribe’’.
Subsec. (c). Pub. L. 100–581, § 212(c), as amended by
Pub. L. 101–301, § 1(a)(2), amended subsec. (c) generally.
Prior to amendment, subsec. (c) read as follows: ‘‘The
Equal Access to Justice Act (Public Law 96–481, Act of
October 1 [21], 1980; 94 Stat. 2325, as amended) shall
apply to administrative appeals by tribal organizations
regarding self-determination contracts.’’
§ 5332.
Sovereign
immunity
and
trusteeship
rights unaffected
Nothing in this chapter shall be construed as—
(1) affecting, modifying, diminishing, or oth-
erwise impairing the sovereign immunity from
suit enjoyed by an Indian tribe; or
(2) authorizing or requiring the termination
of any existing trust responsibility of the
United States with respect to the Indian peo-
ple.
(Pub. L. 93–638, title I, § 111, formerly § 110, Jan.
4, 1975, 88 Stat. 2213; renumbered § 111, Pub. L.
100–472, title II, § 206(b), Oct. 5, 1988, 102 Stat.
2295.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 St
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** All functions, responsibilities, authorities, and duties of the Department of the Interior, the Bureau of Indian Affairs, Secretary of the Interior, and the Commissioner of Indian Affairs relating to the maintenance and operation of hospital and health facilities for Indians, and the conservation of the health of Indians, are transferred to, and shall be administered by, the Surgeon General of the United States Public Health Service, under the supervision and direction of the Secretary of Health and Human Services: Provided, That hospitals now in operation for a specific tribe or tribes of Indians shall not be closed prior to July 1, 1956, without the consent of the governing body of the tribe or its organized council.
**(b)** In carrying out his functions, responsibilities, authorities, and duties under this subchapter, the Secretary is authorized, with the consent of the Indian people served, to contract with private or other non-Federal health agencies or organizations for the provision of health services to such people on a fee-for-service basis or on a prepayment or other similar basis.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2001
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