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25 U.S.C. § 5308 — Grant and cooperative agreements

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

25 U.S.C. § 5308 — Grant and cooperative agreements

Page 723 TITLE 25—INDIANS § 5309 1 See Codification note below. under the terms of this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14, of 1950, and section 3145 of title 40. (b) Preference requirements for wages and grants Any contract, subcontract, grant, or subgrant pursuant to this chapter, the Act of April 16, 1934 (48 Stat. 596), as amended [25 U.S.C. 5342 et seq.], or any other Act authorizing Federal con- tracts with or grants to Indian organizations or for the benefit of Indians, shall require that to the greatest extent feasible— (1) preferences and opportunities for training and employment in connection with the ad- ministration of such contracts or grants shall be given to Indians; and (2) preference in the award of subcontracts and subgrants in connection with the adminis- tration of such contracts or grants shall be given to Indian organizations and to Indian- owned economic enterprises as defined in sec- tion 1452 of this title. (c) Self-determination contracts Notwithstanding subsections (a) and (b) of this section, with respect to any self-determination contract, or portion of a self-determination con- tract, that is intended to benefit one tribe, the tribal employment or contract preference laws adopted by such tribe shall govern with respect to the administration of the contract or portion of the contract. (Pub. L. 93–638, § 7, Jan. 4, 1975, 88 Stat. 2205; Pub. L. 103–413, title I, § 102(3), (4), Oct. 25, 1994, 108 Stat. 4251.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Deter- mination and Education

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Page 723 TITLE 25—INDIANS § 5309 1 See Codification note below. under the terms of this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14, of 1950, and section 3145 of title 40. (b) Preference requirements for wages and grants Any contract, subcontract, grant, or subgrant pursuant to this chapter, the Act of April 16, 1934 (48 Stat. 596), as amended [25 U.S.C. 5342 et seq.], or any other Act authorizing Federal con- tracts with or grants to Indian organizations or for the benefit of Indians, shall require that to the greatest extent feasible— (1) preferences and opportunities for training and employment in connection with the ad- ministration of such contracts or grants shall be given to Indians; and (2) preference in the award of subcontracts and subgrants in connection with the adminis- tration of such contracts or grants shall be given to Indian organizations and to Indian- owned economic enterprises as defined in sec- tion 1452 of this title. (c) Self-determination contracts Notwithstanding subsections (a) and (b) of this section, with respect to any self-determination contract, or portion of a self-determination con- tract, that is intended to benefit one tribe, the tribal employment or contract preference laws adopted by such tribe shall govern with respect to the administration of the contract or portion of the contract. (Pub. L. 93–638, § 7, Jan. 4, 1975, 88 Stat. 2205; Pub. L. 103–413, title I, § 102(3), (4), Oct. 25, 1994, 108 Stat. 4251.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Deter- mination and Education Assistance Act, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Act of March 3, 1921, referred to in subsec. (a), prob- ably means the act of March 3, 1931, ch. 411, 46 Stat. 1494, known as the Davis Bacon Act, which was classi- fied generally to sections 276a to 276a–5 of former Title 40, Public Buildings, Property, and Works, and was re- pealed and reenacted as sections 3141–3144, 3146, and 3147 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Reorganization Plan Numbered 14 of 1950, referred to in subsec. (a), is set out in the Appendix to Title 5, Gov- ernment Organization and Employees. Act of April 16, 1934, referred to in subsec. (b), is act Apr. 16, 1934, ch. 147, 48 Stat. 596, popularly known as the Johnson-O’Malley Act, which is classified generally to section 5342 et seq. of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Section was formerly classified to section 450e of this title prior to editorial reclassification and renumbering as this section. In subsec. (a), ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ substituted for ‘‘the Davis-Bacon Act of March 3, 1931 (46 Stat. 1494), as amended’’ and ‘‘section 3145 of title 40’’ substituted for ‘‘section 2 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C. 276c)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Build- ings, Property, and Works. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–413, § 102(3), substituted ‘‘or subcontractors (excluding tribes and tribal organi- zations)’’ for ‘‘of subcontractors’’. Subsec. (c). Pub. L. 103–413, § 102(4), added subsec. (c). § 5308. Grant and cooperative agreements The provisions of this chapter shall not be sub- ject to the requirements of chapter 63 of title 31: Provided, That a grant agreement or a coopera- tive agreement may be utilized in lieu of a con- tract under section 5321 1 of this title when mu- tually agreed to by the appropriate Secretary and the tribal organization involved. (Pub. L. 93–638, § 9, as added Pub. L. 98–250, § 1, Apr. 3, 1984, 98 Stat. 118; amended Pub. L. 101–301, § 2(a)(5), May 24, 1990, 104 Stat. 206.) 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 Stat. 2203, known as the Indian Self-Determination and Edu- cation Assistance Act, which is classified principally to 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. CODIFICATION Section 5321 of this title, referred to in text, was in the original ‘‘sections 102 and 103 of this Act’’, and was translated as meaning section 102 of Pub. L. 93–638 be- cause section 103(a) and (b) and the first sentence of section 103(c) of Pub. L. 93–638 were repealed and the re- mainder of section 103 of Pub. L. 93–638 was redesig- nated as section 102(d) by Pub. L. 100–472, title II, § 201(b)(1), Oct. 5, 1988, 102 Stat. 2289. Section was formerly classified to section 450e–1 of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 1990—Pub. L. 101–301 substituted ‘‘chapter 63 of title 31’’ for ‘‘the Federal Grant and Cooperative Agreement Act of 1977 (Pub. L. 95–224; 92 Stat. 3)’’. § 5309. Use of excess funds Beginning in fiscal year 1998 and thereafter, where the actual costs of construction projects under self-determination contracts, compacts, or grants, pursuant to Public Laws 93–638, 103–413, or 100–297, are less than the estimated costs thereof, use of the resulting excess funds shall be determined by the appropriate Sec- retary after consultation with the tribes. (Pub. L. 105–83, title III, § 310, Nov. 14, 1997, 111 Stat. 1590.) Editorial Notes REFERENCES IN TEXT Public Law 93–638, referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For com-

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

25 U.S.C. § 5308 — National Fund for Excellence in American Indian Education

**(a) In general** As soon as practicable after December 27, 2000, the Secretary of the Interior shall establish, under the laws of the District of Columbia and in accordance with this subchapter, a foundation to be known as the “National Fund for Excellence in American Indian Education” (hereinafter referred to as the “Foundation”). **(b) Perpetual existence** Except as otherwise provided, the Foundation shall have perpetual existence. **(c) Nature of corporation** The Foundation shall be a charitable and nonprofit federally chartered corporation and shall not be an agency or instrumentality of the United States. **(d) Place of incorporation and domicile** The Foundation shall be incorporated and domiciled in the District of Columbia. **(e) Purposes** The purposes of the Foundation shall be— (1) to encourage, accept, and administer private gifts of real and personal property or any income therefrom or other interest therein for the benefit of, or in support of, the mission of the Office of Indian Education Programs of the Bureau of Indian Affairs (or its successor office); (2) to undertake and conduct such other activities as will further the educational opportunities of American Indians who attend a Bureau funded school; and (3) to participate with, and otherwise assist, Federal, State, and tribal governments, agencies, entities, and individuals in undertaking and conducting activities that will further the educational opportunities of American Indians attending Bureau funded schools. **(f) Board of Directors** (1) **In general** — The Board of Directors shall be the governing body of the Foundation. The Board may exercise, or provide for the exercise of, the powers of the Foundation. (2) **Selection** — The number of members of the Board, the manner of thei

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

25 U.S.C. § 5342 — Contract funding and indirect costs

**(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

25 U.S.C. § 5342 — Contracts for education, medical atten-

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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