25 U.S.C. § 5391 — Civil actions

Page 785 TITLE 25—INDIANS § 5392 1 See References in Text note below. agreement, such provisions and regulatory re- quirements shall not apply. (Pub. L. 93–638, title V, § 510, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 726.) Editorial Notes CODIFICATION Section was formerly classified to section 458aaa–9 of this title prior to editorial reclassification and renum- bering as this section. In text, ‘‘division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41’’ substituted for ‘‘the Office of Federal Procurement and Policy Act (41 U.S.C. 401 et seq.)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. § 5391. Civil actions (a) Contract defined For the purposes of section 5331 of this title, the term ‘‘contract’’ shall include compacts and funding agreements entered into under this sub- chapter. (b) Applicability of certain laws Section 81 of this title and section 5123 of this title, shall not apply to attorney and other pro- fessional contracts entered into by Indian tribes participating in self-governance under this sub- chapter. (c) References All references in this chapter to section 5201 of this title are hereby deemed to include section 82a of this title. (Pub. L. 93–638, title V, § 511, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 726.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), 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 458aaa–10 of this title prior to editorial reclassification and re- numbering as this section. § 5392. Facilitation (a) Secretarial interpretation Except as otherwise provided by law, the Sec- retary shall interpret all Federal laws, Execu- tive orders, and regulations in a manner that will facilitate— (1) the inclusion of programs, services, func- tions, and activities (or portions thereof) and funds associated therewith, in the agreements entered into under this section; (2) the implementation of compacts and funding agreements entered into under this subchapter; and (3) the achievement of tribal health goals and objectives. (b) Regulation waiver (1) In general An Indian tribe may submit a written re- quest to waive application of a regulation pro- mulgated under section 5397 of this title or the authorities specified in section 5385(b) of this title for a compact or funding agreement en- tered into with the Indian Health Service under this subchapter, to the Secretary identi- fying the applicable Federal regulation sought to be waived and the basis for the request. (2) Approval Not later than 90 days after receipt by the Secretary of a written request by an Indian tribe to waive application of a regulation for a compact or funding agreement entered into under this subchapter, the Secretary shall ei- ther approve or deny the requested waiver in writing. A denial may be made only upon a specific finding by the Secretary that identi- fied language in the regulation may not be waived because such waiver is prohibited by Federal law. A failure to approve or deny a waiver request not later than 90 days after re- ceipt shall be deemed an approval of such re- quest. The Secretary’s decision shall be final for the Department. (c) Access to Federal property In connection with any compact or funding agreement executed pursuant to this subchapter or an agreement negotiated under the Tribal Self-Governance Demonstration Project estab- lished under title III,1 as in effect before August 18, 2000, upon the request of an Indian tribe, the Secretary— (1) shall permit an Indian tribe to use exist- ing school buildings, hospitals, and other fa- cilities and all equipment therein or apper- taining thereto and other personal property owned by the Government within the Sec- retary’s jurisdiction under such terms and conditions as may be agreed upon by the Sec- retary and the Indian tribe for their use and maintenance; (2) may donate to an Indian tribe title to any personal or real property found to be ex- cess to the needs of any agency of the Depart- ment, or the General Services Administration, except that— (A) subject to the provisions of subpara- graph (B), title to property and equipment furnished by the Federal Government for use in the performance of the compact or fund- ing agreement or purchased with funds under any compact or funding agreement shall, unless otherwise requested by the In- dian tribe, vest in the appropriate Indian tribe; (B) if property described in subparagraph (A) has a value in excess of $5,000 at the time of retrocession, withdrawal, or reassump- tion, at the option of the Secretary upon the retrocession, withdrawal, or reassumption, title to such property and equipment shall revert to the Department of Health and Human Services; and (C) all property referred to in subpara- graph (A) shall remain eligible for replace- ment, maintenance, and improvement on the same basis as if title to such property were vested in the United States; and (3) shall acquire excess or surplus Govern- ment personal or real property for donation to