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25 U.S.C. § 5355 — Eligibility for funds of tribe or tribal orga-

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

25 U.S.C. § 5355 — Eligibility for funds of tribe or tribal orga-

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Page 758 TITLE 25—INDIANS § 5353 1 So in original. § 5353. Availability of funds to agencies, institu- tions, and organizations No funds from any contract or grant pursuant to this subchapter shall be made available by any Federal agency directly to other than public agencies and Indian tribes, institutions, and or- ganizations: Provided, That school districts, State education agencies, and Indian tribes, in- stitutions, and organizations assisted by this subchapter may use funds provided herein to contract for necessary services with any appro- priate individual, organization, or corporation. (Pub. L. 93–638, title II, § 206, Jan. 4, 1975, 88 Stat. 2216.) Editorial Notes CODIFICATION Section was formerly classified to section 458b of this title prior to editorial reclassification and renumbering as this section. § 5354. Rules and regulations (a) Prerequisites for promulgation (1) Within six months from January 4, 1975, the Secretary shall, to the extent practicable, con- sult with national and regional Indian organiza- tions with experiences in Indian education to consider and formulate appropriate rules and regulations to implement the provisions of this subchapter. (2) Within seven months from January 4, 1975, the Secretary shall present the proposed rules and regulations to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives. (3) Within eight months from January 4, 1975, the Secretary shall publish proposed rules and regulations in the Federal Register for the pur- pose of receiving comments from interested par- ties. (4) Within ten months from January 4, 1975, the Secretary shall promulgate rules and regula- tions to implement the provisions of this sub- chapter. (b) Revision and amendment The Secretary is authorized to revise and amend any rules or regulations promulgated pursuant to subsection (a) of this section: Pro- vided, That prior to any revision or amendment to such rules or regulations the Secretary shall, to the extent practicable, consult with appro- priate national and regional Indian organiza- tions, and shall publish any proposed revisions in the Federal Register not less than sixty days prior to the effective date of such rules and reg- ulations in order to provide adequate notice to, and receive comments from, other interested parties. (Pub. L. 93–638, title II, § 207, Jan. 4, 1975, 88 Stat. 2216.) Editorial Notes CODIFICATION Section was formerly classified to section 458c of this title prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Interior and Insular Affairs of the Sen- ate abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution No. 4, Ninety-fifth Con- gress (popularly cited as the ‘‘Committee System Reor- ganization Amendments of 1977’’), approved Feb. 4, 1977. Section 105 of Senate Resolution No. 4 established a temporary Select Committee on Indian Affairs having jurisdiction over matters relating to Indian affairs (such matters previously having been within the juris- diction of the Committee on Interior and Insular Af- fairs). Senate Resolution No. 127, June 6, 1984, Ninety- eighth Congress, established the Select Committee on Indian Affairs as a permanent committee of the Senate, and section 25 of Senate Resolution No. 71, Feb. 25, 1993, One Hundred Third Congress, redesignated the Select Committee on Indian Affairs as the Committee on In- dian Affairs. Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. § 5355. Eligibility for funds of tribe or tribal orga- nization controlling or managing private schools The Secretary is authorized and directed to provide funds, pursuant to this chapter; the the 1 Act of April 16, 1934 (48 Stat. 596), as amended [25 U.S.C. 5342 et seq.]; or any other authority granted to him to any tribe or tribal organiza- tion which controls and manages any previously private school. (Pub. L. 93–638, title II, § 208, Jan. 4, 1975, 88 Stat. 2216; Pub. L. 97–375, title I, § 108(d), Dec. 21, 1982, 96 Stat. 1820.) 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. Act of April 16, 1934, referred to in text, is act Apr. 16, 1934, ch. 147, 48 Stat. 596, popularly known as the John- son-O’Malley Act, which is classified generally to sec- tion 5342 et seq. of this title. For complete classifica- tion 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 458d of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1982—Pub. L. 97–375 struck out provisions relating to annual reporting requirements of Secretary to Congres- sional committees respecting educational assistance program conducted pursuant to this section. § 5356. Supplemental assistance to funds pro- vided to local educational agencies The assistance provided in this chapter for the education of Indians in the public schools of any

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

25 U.S.C. § 5355 — Use of Government property by States and Territories

The Secretary of the Interior, in making any contract authorized by sections 5342 to 5348 of this title, may permit such contracting party to utilize, for the purposes of said sections, existing school buildings, hospitals, and other facilities, and all equipment therein or appertaining thereto, including livestock and other personal property owned by the Government, under such terms and conditions as may be agreed upon for their use and maintenance.

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