**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
File SHA-256: c20a5f05b286838fff86403a13a5374488dbfe0f0303c1c5b351b2a4619c0661. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:record_usc_42b12091ac882cd1f363b07a Source file: Laws/federal/codes/united-states-code/title-25/section-5301-application-of-other-sections-of-this-chapter--52a3a38cfc.md Pages: Not recorded – Not recorded Passage SHA-256: 81742b688f78d6fbcbe2c6d0bf10366fdee3843c82dfc929ad859de044483d54 Retained source evidence SHA-256: c20a5f05b286838fff86403a13a5374488dbfe0f0303c1c5b351b2a4619c0661
Source location: Title 25, Chapter 46, § 5301; chapter-046-indian-self-determination-and-education-assistance.md
Stored source content
**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
§ 5301. Congressional statement of findings
(a) Findings respecting historical and special
legal relationship, and resultant responsibil-
ities
The Congress, after careful review of the Fed-
eral Government’s historical and special legal
relationship with, and resulting responsibilities
to, American Indian people, finds that—
(1) the prolonged Federal domination of In-
dian service programs has served to retard
rather than enhance the progress of Indian
people and their communities by depriving In-
dians of the full opportunity to develop leader-
ship skills crucial to the realization of self-
government, and has denied to the Indian peo-
ple an effective voice in the planning and im-
plementation of programs for the benefit of In-
dians which are responsive to the true needs of
Indian communities; and
(2) the Indian people will never surrender
their desire to control their relationships both
among themselves and with non-Indian gov-
ernments, organizations, and persons.
(b) Further findings
The Congress further finds that—
(1) true self-determination in any society of
people is dependent upon an educational proc-
ess which will insure the development of quali-
fied people to fulfill meaningful leadership
roles;
(2) the Federal responsibility for and assist-
ance to education of Indian children has not
Page 710
TITLE 25—INDIANS
§ 5301
effected the desired level of educational
achievement or created the diverse opportuni-
ties and personal satisfaction which education
can and should provide; and
(3) parental and community control of the
educational process is of crucial importance to
the Indian people.
(Pub. L. 93–638, § 2, Jan. 4, 1975, 88 Stat. 2203.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 450 of this
title p