25 U.S.C. § 5302 — Congressional declaration of policy

Page 719 TITLE 25—INDIANS § 5304 with the Secretary of the Interior, shall report to the President on progress toward establishing training modules regarding Tribal consultation and shall iden- tify additional resources or other support necessary to implement this training. SEC. 9. Definitions. The terms ‘‘Tribal officials,’’ ‘‘policies that have Tribal implications,’’ and ‘‘agency’’ as used in this memorandum are as defined in Execu- tive Order 13175. The terms ‘‘Tribes’’ and ‘‘Tribal Na- tions’’ as used in this memorandum have the same defi- nition as the term ‘‘Indian Tribe’’ as defined in Execu- tive Order 13175. SEC. 10. Scope. Nothing in this memorandum shall be construed to impair or otherwise affect the ability of heads of agencies to set more specific or more stringent standards, or to incorporate other best practices, for conducting Tribal consultation. SEC. 11. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) Independent agencies are strongly encouraged to comply with the provisions of this memorandum. (e) The Director of the Office of Management and Budget is authorized and directed to publish this memorandum in the Federal Register. J.R. BIDEN, JR. § 5302. Congressional declaration of policy (a) Recognition of obligation of United States The Congress hereby recognizes the obligation of the United States to respond to the strong ex- pression of the Indian people for self-determina- tion by assuring maximum Indian participation in the direction of educational as well as other Federal services to Indian communities so as to render such services more responsive to the needs and desires of those communities. (b) Declaration of commitment The Congress declares its commitment to the maintenance of the Federal Government’s unique and continuing relationship with, and re- sponsibility to, individual Indian tribes and to the Indian people as a whole through the estab- lishment of a meaningful Indian self-determina- tion policy which will permit an orderly transi- tion from the Federal domination of programs for, and services to, Indians to effective and meaningful participation by the Indian people in the planning, conduct, and administration of those programs and services. In accordance with this policy, the United States is committed to supporting and assisting Indian tribes in the de- velopment of strong and stable tribal govern- ments, capable of administering quality pro- grams and developing the economies of their re- spective communities. (c) Declaration of national goal The Congress declares that a major national goal of the United States is to provide the quan- tity and quality of educational services and op- portunities which will permit Indian children to compete and excel in the life areas of their choice, and to achieve the measure of self-deter- mination essential to their social and economic well-being. (Pub. L. 93–638, § 3, Jan. 4, 1975, 88 Stat. 2203; Pub. L. 100–472, title I, § 102, Oct. 5, 1988, 102 Stat. 2285.) Editorial Notes CODIFICATION Section was formerly classified to section 450a of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1988—Subsec. (b). Pub. L. 100–472 added subsec. (b) and struck out former subsec. (b) which read as follows: ‘‘The Congress declares its commitment to the mainte- nance of the Federal Government’s unique and con- tinuing relationship with and responsibility to the In- dian people through the establishment of a meaningful Indian self-determination policy which will permit an orderly transition from Federal domination of pro- grams for and services to Indians to effective and meaningful participation by the Indian people in the planning, conduct, and administration of those pro- grams and services.’’ § 5303. Tribal and Federal advisory committees Notwithstanding any other provision of law (including any regulation), the Secretary of the Interior and the Secretary of Health and Human Services are authorized to jointly establish and fund advisory committees or other advisory bod- ies composed of members of Indian tribes or members of Indian tribes and representatives of the Federal Government to ensure tribal partici- pation in the implementation of the Indian Self- Determination and Education Assistance Act (Public Law 93–638) [25 U.S.C. 5301 et seq.]. (Pub. L. 101–644, title II, § 204, as added Pub. L. 103–435, § 22(b), Nov. 2, 1994, 108 Stat. 4575.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination and Education Assist- ance Act, referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, 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 was enacted as part of the Indian Self-Deter- mination and Education Assistance Act Amendments of 1990, and not as part of the Indian Self-Determina- tion and Education Assistance Act which comprises this chapter. Section was formerly classified to section 450a–1 of this title prior to editorial reclassification and renum- bering as this section. § 5304. Definitions For purposes of this chapter, the term— (a) ‘‘construction programs’’ means pro- grams for the planning, design, construction, repair, improvement, and expansion of build- ings or facilities, including, but not limited to, housing, law enforcement and detention facili-