25 U.S.C. § 5322 — Grants to tribal organizations or tribes

Page 729 TITLE 25—INDIANS § 5322 1 So in original. Probably should be followed by ‘‘the’’. 2 See References in Text note below. contained in an Act making appropriations for the De- partment of the Interior and Related Agencies for fis- cal year 1989 [Pub. L. 100–446, see Tables for classifica- tion] shall be deemed to apply to section 102(d) of such Act [§ 102(d) of Pub. L. 93–638, former 25 U.S.C. 450f(d), now 25 U.S.C. 5321(d)] as amended by this Act.’’ See Codification notes above. § 5322. Grants to tribal organizations or tribes (a) Request by tribe for contract or grant by Sec- retary of the Interior for improving, etc., tribal governmental, contracting, and pro- gram planning activities The Secretary of the Interior is authorized, upon the request of any Indian tribe (from funds appropriated for the benefit of Indians pursuant to section 13 of this title, and any Act subse- quent thereto) to contract with or make a grant or grants to any tribal organization for— (1) the strengthening or improvement of tribal government (including, but not limited to, the development, improvement, and admin- istration of planning, financial management, or merit personnel systems; the improvement of tribally funded programs or activities; or the development, construction, improvement, maintenance, preservation, or operation of tribal facilities or resources); (2) the planning, training, evaluation of other activities designed to improve the ca- pacity of a tribal organization to enter into a contract or contracts pursuant to section 5321 of this title and the additional costs associ- ated with the initial years of operation under such a contract or contracts; or (3) the acquisition of land in connection with items (1) and (2) above: Provided, That in the case of land within Indian country (as defined in chapter 53 of title 18) or which adjoins on at least two sides lands held in trust by the United States for the tribe or for individual Indians, the Secretary of 1 Interior may (upon request of the tribe) acquire such land in trust for the tribe. (b) Grants by Secretary of Health and Human Services for development, maintenance, etc., of health facilities or services and improve- ment of contract capabilities implementing hospital and health facility functions The Secretary of Health and Human Services may, in accordance with regulations adopted pursuant to section 5328 of this title, make grants to any Indian tribe or tribal organization for— (1) the development, construction, oper- ation, provision, or maintenance of adequate health facilities or services including the training of personnel for such work, from funds appropriated to the Indian Health Serv- ice for Indian health services or Indian health facilities; or (2) planning, training, evaluation or other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to section 103 of this Act.2 (c) Use as matching shares for other similar Fed- eral grant programs The provisions of any other Act notwith- standing, any funds made available to a tribal organization under grants pursuant to this sec- tion may be used as matching shares for any other Federal grant programs which contribute to the purposes for which grants under this sec- tion are made. (d) Technical assistance The Secretary is directed, upon the request of any tribal organization and subject to the avail- ability of appropriations, to provide technical assistance on a nonreimbursable basis to such tribal organization— (1) to develop any new self-determination contract authorized pursuant to this chapter; (2) to provide for the assumption by such tribal organization of any program, or portion thereof, provided for in section 5321(a)(1) of this title; or (3) to develop modifications to any proposal for a self-determination contract which the Secretary has declined to approve pursuant to section 5321 of this title. (e) Grants for technical assistance and for plan- ning, etc., Federal programs for tribe The Secretary is authorized, upon the request of an Indian tribe, to make a grant to any tribal organization for— (1) obtaining technical assistance from pro- viders designated by the tribal organization, including tribal organizations that operate mature contracts, for the purposes of program planning and evaluation, including the devel- opment of any management systems necessary for contract management, and the develop- ment of cost allocation plans for indirect cost rates; and (2) the planning, designing, monitoring, and evaluating of Federal programs serving the tribe, including Federal administrative func- tions. (Pub. L. 93–638, title I, § 103, formerly § 104, Jan. 4, 1975, 88 Stat. 2207; renumbered § 103 and amended Pub. L. 100–472, title II, § 202, Oct. 5, 1988, 102 Stat. 2289; Pub. L. 101–644, title II, § 203(g)(1), Nov. 29, 1990, 104 Stat. 4666.) Editorial Notes REFERENCES IN TEXT Section 103 of this Act, referred to in subsec. (b)(2), probably means former section 103 of Pub. L. 93–638, which was classified to former section 450g of this title, prior to repeal in part and transfer in part to former section 450f(d) of this title by Pub. L. 100–472, title II, § 201(b)(1), Oct. 5, 1988, 102 Stat. 2289, and editorial re- classification and renumbering of former section 450f(d) as section 5321(d) of this title. See Prior Provisions note below. This chapter, referred to in subsec. (d)(1), was in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determina- tion and Education 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 was formerly classified to section 450h of this title prior to editorial reclassification and renumbering as this section. Page 730 TITLE 25—INDIANS § 5323 PRIOR PROVISIONS A prior section 103 of Pub. L. 93–638 was classified to former section 450g of this title prior to repeal in part and transfer in part to former section 450f(d) of this title by Pub. L. 100–472, title II, § 201(b)(1), Oct. 5, 1988, 102 Stat. 2289, and editorial reclassification and renum- bering of former section 450f(d) as section 5321(d) of this title. AMENDMENTS 1990—Subsec. (a)(3). Pub. L. 101–644, which directed the substitution of ‘‘Indian country (as defined in chap- ter 53 of title 18)’’ for ‘‘reservation boundaries’’ in ‘‘sec- tion 301(a)(3) of the Indian Self-Determination Act’’, was executed to this section, which is section 103(a)(3) of that Act, to reflect the probable intent of Congress. 1988—Subsec. (a). Pub. L. 100–472, § 202(b), inserted ‘‘or’’ at end of par. (2), substituted a period for ‘‘; or’’ at end of par. (3), and struck out par. (4) which read as follows: ‘‘the planning, designing, monitoring, and eval- uating of Federal programs serving the tribe.’’ Subsec. (b). Pub. L. 100–472, § 202(c), substituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’. Subsecs. (d), (e). Pub. L. 100–472, § 202(d), added sub- secs. (d) and (e). Statutory Notes and Related Subsidiaries AUTHORITY OF SECRETARY TO ACQUIRE LANDS IN TRUST Pub. L. 101–644, title II, § 203(g)(2), Nov. 29, 1990, 104 Stat. 4666, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall not alter or otherwise modify or affect existing prohibitions or lim- itations on the Secretary’s authority to acquire lands in trust.’’ § 5323. Retention of Federal employee coverage, rights and benefits by employees of tribal or- ganizations (a) to (d) Omitted (e) Eligible employees; Federal employee pro- grams subject to retention Notwithstanding the provisions of sections 8347(o), 8713, and 8914 of title 5, executive order, or administrative regulation, an employee serv- ing under an appointment not limited to one year or less who leaves Federal employment to be employed by a tribal organization, the city of St. Paul, Alaska, the city of St. George, Alaska, upon incorporation, or the Village Corporations of St. Paul and St. George Islands established pursuant to section 1607 of title 43, in connection with governmental or other activities which are or have been performed by employees in or for Indian communities is entitled, if the employee and the tribal organization so elect, to the fol- lowing: (1) To retain coverage, rights, and benefits under subchapter I of chapter 81 (‘‘Compensa- tion for Work Injuries’’) of title 5, and for this purpose his employment with the tribal orga- nization shall be deemed employment by the United States. However, if an injured em- ployee, or his dependents in case of his death, receives from the tribal organization any pay- ment (including an allowance, gratuity, pay- ment under an insurance policy for which the premium is wholly paid by the tribal organiza- tion, or other benefit of any kind) on account of the same injury or death, the amount of that payment shall be credited against any benefit payable under subchapter I of chapter 81 of title 5, as follows: (A) payments on account of injury or dis- ability shall be credited against disability compensation payable to the injured em- ployee; and (B) payments on account of death shall be credited against death compensation pay- able to dependents of the deceased employee. (2) To retain coverage, rights, and benefits under chapter 83 (‘‘Retirement’’) or chapter 84 (‘‘Federal Employees Retirement System’’) of title 5, if necessary employee deductions and agency contributions in payment for coverage, rights, and benefits for the period of employ- ment with the tribal organization are cur- rently deposited in the Civil Service Retire- ment and Disability Fund (section 8348 of title 5); and the period during which coverage, rights, and benefits are retained under this paragraph is deemed creditable service under section 8332 of title 5. Days of unused sick leave to the credit of an employee under a for- mal leave system at the time the employee leaves Federal employment to be employed by a tribal organization remain to his credit for retirement purposes during covered service with the tribal organization. (3) To retain coverage, rights, and benefits under chapter 89 (‘‘Health Insurance’’) of title 5, if necessary employee deductions and agen- cy contributions in payment for the coverage, rights, and benefits for the period of employ- ment with the tribal organization are cur- rently deposited in the Employee’s Health Benefit Fund (section 8909 of title 5); and the period during which coverage, rights, and ben- efits are retained under this paragraph is deemed service as an employee under chapter 89 of title 5. (4) To retain coverage, rights, and benefits under chapter 87 (‘‘Life Insurance’’) of title 5, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employ- ment with the tribal organizations are cur- rently deposited in the Employee’s Life Insur- ance Fund (section 8714 of title 5); and the pe- riod during which coverage, rights, and bene- fits are retained under this paragraph is deemed service as an employee under chapter 87 of title 5. (f) Deposit by tribal organization of employee de- ductions and agency contributions in appro- priate funds During the period an employee is entitled to the coverage, rights, and benefits pursuant to the preceding subsection, the tribal organization employing such employee shall deposit cur- rently in the appropriate funds the employee de- ductions and agency contributions required by paragraphs (2), (3), and (4) of such preceding sub- section. (g) Election for retention by employee and tribal organization before date of employment by tribal organization; transfer of employee to another tribal organization An employee who is employed by a tribal orga- nization under subsection (e) of this section and