§ 2501. Declaration of policy
(a) Recognition
Congress recognizes that the Indian Self-De-
termination and Education Assistance Act [25
U.S.C. 5301 et seq.], which was a product of the
legitimate aspirations and a recognition of the
inherent authority of Indian nations, was and is
a crucial positive step toward tribal and commu-
nity control and that the United States has an
obligation to assure maximum Indian participa-
tion in the direction of educational services so
as to render the persons administering such
services and the services themselves more re-
sponsive to the needs and desires of Indian com-
munities.
(b) Commitment
Congress declares its commitment to the
maintenance
of
the
Federal
Government’s
unique and continuing trust relationship with
and responsibility to the Indian people for the
education of Indian children through the estab-
lishment of a meaningful Indian self-determina-
tion policy for education that will deter further
perpetuation of Federal bureaucratic domina-
tion of programs.
(c) National goal
Congress declares that a national goal of the
United States is to provide the resources, proc-
esses, and structure that will enable tribes and
local communities to obtain the quantity and
quality of educational services and opportuni-
ties that will permit Indian children—
(1) to compete and excel in areas of their
choice; and
(2) to achieve the measure of self-determina-
tion essential to their social and economic
well-being.
(d) Educational needs
Congress affirms—
(1) true self-determination in any society of
people is dependent upon an educational proc-
ess that will ensure the development of quali-
fied people to fulfill meaningful leadership
roles;
(2) that Indian people have special and
unique educational need
File SHA-256: 52dca43e8ced8015f96615dd9c811782c662d7c94e92a4663210ceccae4e4ad4. 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:uscode2024_91a825b217d88cab57f0f14e Source file: Laws/federal/codes/united-states-code-2024/title-25/section-2501-declaration-of-policy--bc228a2347.md Pages: Not recorded – Not recorded Passage SHA-256: 76f881aa02bbf2c165080f137ee52a82e92bd6c246098a28167822b672f6b6d7 Retained source evidence SHA-256: 52dca43e8ced8015f96615dd9c811782c662d7c94e92a4663210ceccae4e4ad4
Page 484
TITLE 25—INDIANS
§ 2501
Nov. 18, 1988, 102 Stat. 4219; Pub. L. 101–630, title V,
§ 509(a), Nov. 28, 1990, 104 Stat. 4567, provided for Indian
Health Service program of alcohol and substance abuse
detoxification and rehabilitation for Indian youth.
Section 2475, Pub. L. 99–570, title IV, § 4228, Oct. 27,
1986, 100 Stat. 3207–150; Pub. L. 100–690, title II, § 2213,
Nov. 18, 1988, 102 Stat. 4220, provided for program of
training and community education about alcohol and
substance abuse.
Section 2476, Pub. L. 99–570, title IV, § 4229, Oct. 27,
1986, 100 Stat. 3207–152; Pub. L. 100–690, title II, § 2214,
Nov. 18, 1988, 102 Stat. 4220, provided for establishment
of Navajo alcohol rehabilitation demonstration pro-
gram.
Section 2477, Pub. L. 99–570, title IV, § 4230, Oct. 27,
1986, 100 Stat. 3207–152, related to compilation of data
and preparation of reports on cases of alcohol or sub-
stance abuse in which Indian Health Service personnel
or services were involved.
Section 2478, Pub. L. 99–570, title IV, § 4231, as added
Pub. L. 100–690, title II, § 2215, Nov. 18, 1988, 102 Stat.
4221, authorized grants for alcohol and substance abuse
prevention and treatment in urban centers.
CHAPTER 27—TRIBALLY CONTROLLED
SCHOOL GRANTS
Sec.
2501.
Declaration of policy.
2502.
Grants authorized.
2502a.
Retrocession or re-assumption of Indian edu-
cation funds.
2503.
Composition of grants.
2504.
Eligibility for grants.
2505.
Duration of eligibility determination.
2506.
Payment of grants; investment of funds.
2507.
Application with respect to Indian Self-Deter-
mination and Education Assistance Act.
2508.
Role of the Director.
2509.
Regulations.
2510.
The tribally controlled grant school endow-
ment program.
2511.
Definitions.
§ 2501. Declaration of policy
(a) Recognition
Congress recognizes that the Indian Self-De-
termination and Education Assistance Act [25
U.S.C. 5301 et seq.], which was a product of the
legitimate aspirations and a recognition of the
inherent authority of Indian nations, was and is
a crucial positive step toward tribal and commu-
nity control and that the United States has an
obligation to assure maximum Indian participa-
tion in the direction of educational services so
as to render the persons administering such
services and the services themselves more re-
sponsive to the needs and desires of Indian com-
munities.
(b) Commitment
Congress declares its commitment to the
maintenance
of
the
Federal
Government’s
unique and continuing trust relationship with
and responsibility to the Indian people for the
education of Indian children through the estab-
lishment of a meaningful Indian self-determina-
tion policy for education that will deter further
perpetuation of Federal bureaucratic domina-
tion of programs.
(c) National goal
Congress declares that a national goal of the
United States is to provide the resources, proc-
esses, and structure that will enable tribes and
local communities to obtain the quantity and
quality of educational services and opportuni-
ties that will permit Indian children—
(1) to compete and excel in areas of their
choice; and
(2) to achieve the measure of self-determina-
tion essential to their social and economic
well-being.
(d) Educational needs
Congress affirms—
(1) true self-determination in any society of
people is dependent upon an educational proc-
ess that will ensure the development of quali-
fied people to fulfill meaningful leadership
roles;
(2) that Indian people have special and
unique educational needs, including the need
for programs to meet the linguistic and cul-
tural aspirations of Indian tribes and commu-
nities; and
(3) that those needs may best be met
through a grant process.
(e) Federal relations
Congress declares a commitment to the poli-
cies described in this section and support, to the
full extent of congressional responsibility, for
Federal relations with the Indian nations.
(f) Termination
Congress repudiates and rejects House Concur-
rent Resolution 108 of the 83d Congress and any
policy of unilateral termination of Federal rela-
tions with any Indian nation.
(Pub. L. 100–297, title V, § 5202, as added Pub. L.
107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2063.)
Editorial Notes
REFERENCES IN TEXT
The Indian Self-Determination and Education Assist-
ance Act, referred to in subsec. (a), is Pub. L. 93–638,
Jan. 4, 1975, 88 Stat. 2203, which is classified principally
to chapter 46 (§ 5301 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 5301 of this title and Tables.
House Concurrent Resolution 108 of the 83rd Congress,
referred to in subsec. (f), is H. Con. Res. 108, Eighty-
third Congress, Aug. 1, 1953, 67 Stat. B132, which is not
classified to the Code.
PRIOR PROVISIONS
A prior section 2501, Pub. L. 100–297, title V, § 5202,
Apr. 28, 1988, 102 Stat. 385, set forth findings, prior to
repeal by Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115
Stat. 2063.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 8, 2002, except with respect to
certain noncompetitive programs and competitive pro-
grams, see section 5 of Pub. L. 107–110, set out as a note
under section 6301 of Title 20, Education.
SHORT TITLE
Pub. L. 100–297, title V, § 5201, Apr. 28, 1988, 102 Stat.
385, provided that: ‘‘This part [part B (§§ 5201–5212) of
title V of Pub. L. 100–297, enacting this chapter] may be
cited as the ‘Tribally Controlled Schools Act of 1988’.’’
TRIBAL SCHOOL CONSTRUCTION DEMONSTRATION
PROGRAM
Pub. L. 108–7, div. F, title I, § 122, Feb. 20, 2003, 117
Stat. 241, as amended by Pub. L. 108–108, title I, § 136(a),
Nov. 10, 2003, 117 Stat. 1270, provided that:
Page 485
TITLE 25—INDIANS
§ 2502
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CONSTRUCTION.—The term ‘construction’, with
respect to a tribally controlled school, includes the
construction or renovation of that school.
‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ has the
meaning given that term in section 4(e) of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b(e)) [now 25 U.S.C. 5304(e)].
‘‘(3) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior.
‘‘(4) TRIBALLY CONTROLLED SCHOOL.—The term ‘trib-
ally controlled school’ means a school that currently
receives a grant under the Tribally Controlled
Schools Act of 1988, as amended (25 U.S.C. 2501 et seq.)
or is determined by the Secretary to meet the eligi-
bility criteria of section 5205 of the Tribally Con-
trolled Schools Act of 1988, as amended (25 U.S.C.
2504).
‘‘(5) DEPARTMENT.—The term ‘Department’ means
the Department of the Interior.
‘‘(6) DEMONSTRATION
PROGRAM.—The term ‘dem-
onstration program’ means the Tribal School Con-
struction Demonstration Program.
‘‘(b) IN GENERAL.—The Secretary shall carry out a
demonstration program for fiscal years 2003 through
2007 to provide grants to Indian tribes for the construc-
tion of tribally controlled schools.
‘‘(1) IN GENERAL.—Subject to the availability of ap-
propriations, in carrying out the demonstration pro-
gram under subsection (b), the Secretary shall award
a grant to each Indian tribe that submits an applica-
tion that is approved by the Secretary under para-
graph (2). The Secretary shall ensure that applica-
tions for funding to replace schools currently receiv-
ing funding for facility operation and maintenance
from the Bureau of Indian Affairs receive the highest
priority for grants under this section. Among such
applications, the Secretary shall give priority to ap-
plications of Indian tribes that agree to fund all fu-
ture facility operation and maintenance costs of the
tribally controlled school funded under the dem-
onstration program from other than Federal funds.
‘‘(2) GRANT
APPLICATIONS.—An application for a
grant under the section shall—
‘‘(A) include a proposal for the construction of a
tribally controlled school of the Indian tribe that
submits the application; and
‘‘(B) be in such form as the Secretary determines
appropriate.
‘‘(3) GRANT AGREEMENT.—As a condition to receiv-
ing a grant under this section, the Indian tribe shall
enter into an agreement with the Secretary that
specifies—
‘‘(A) the costs of construction under the grant;
‘‘(B) that the Indian tribe shall be required to
contribute towards the cost of the construction a
tribal share equal to 50 percent of the costs; and
‘‘(C) any other term or condition that the Sec-
retary determines to be appropriate.
‘‘(4) ELIGIBILITY.—Grants awarded under the dem-
onstration program shall be used only for construc-
tion or replacement of a tribally controlled school.
‘‘(c) EFFECT
OF GRANT.—(1) Except as provided in
paragraph (2) of this subsection, A [sic] grant received
under this section shall be in addition to any other
funds received by an Indian tribe under any other pro-
vision of law. The receipt of a grant under this section
shall not affect the eligibility of an Indian tribe receiv-
ing funding, or the amount of funding received by the
Indian tribe, under the Tribally Controlled Schools Act
of 1988 (25 U.S.C. 2501 et seq.) or the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 450
et seq.) [now 25 U.S.C. 5301 et seq.].
‘‘(2) A tribe receiving a grant for construction of a
tribally controlled school under this section shall not
be eligible to receive funding from the Bureau of Indian
Affairs for that school for education operations or fa-
cility operation and maintenance if the school that was
not at the time of the grant: (i) a school receiving fund-
ing for education operations or facility operation and
maintenance under the Tribally Controlled Schools Act
[25 U.S.C. 2501 et seq.] or the Indian Self-Determination
and Education Assistance Act [25 U.S.C. 5301 et seq.] or
(ii) a school operated by the Bureau of Indian Affairs.
‘‘(d) REPORT.—At the conclusion of the five-year dem-
onstration program, the Secretary shall report to Con-
gress as to whether the demonstration program has
achieved its purposes of providing additional tribes fair
opportunities to construct tribally controlled schools,
accelerating construction of needed educational facili-
ties in Indian Country, and permitting additional funds
to be provided for the Department’s priority list for
construction of replacement educational facilities.’’
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 107–63, title I, § 125, Nov. 5, 2001, 115 Stat. 440.
Pub. L. 106–291, title I, § 153, Oct. 11, 2000, 114 Stat. 960.
§ 2502. Grants authorized
(a) In general
(1) Eligibility
The Secretary shall provide grants to Indian
tribes, and tribal organizations that—
(A) operate contract schools under title XI
of the Education Amendments of 1978 [25
U.S.C. 2000 et seq.] and notify the Secretary
of their election to operate the schools with
assistance under this chapter rather than
continuing the schools as contract schools;
(B)
operate
other
tribally
controlled
schools eligible for assistance under this
chapter and submit applications (which are
approved by their tribal governing bodies) to
the Secretary for such grants; or
(C) elect to assume operation of Bureau-
funded schools with the assistance under
this chapter and submit applications (which
are approved by their tribal governing bod-
ies) to the Secretary for such grants.
(2) Deposit of funds
Grants provided under this chapter shall be
deposited into the general operating fund of
the tribally controlled school with respect to
which the grant is made.
(3) Use of funds
(A) In general
Except as otherwise provided in this para-
graph, grants provided under this chapter
shall be used to defray, at the discretion of
the school board of the tribally controlled
school with respect to which the grant is
provided, any expenditures for education re-
lated activities for which any funds that
compose the grant may be used under the
laws described in section 2504(a) of this title,
including expenditures for—
(i) school operations, academic, edu-
cational, residential, guidance and coun-
seling, and administrative purposes; and
(ii) support services for the school, in-
cluding transportation.
(B) Exception
Grants provided under this chapter may,
at the discretion of the school board of the
tribally controlled school with respect to
which such grant is provided, be used to de-
fray operations and maintenance expendi-
tures for the school if any funds for the oper-
ation and maintenance of the school are al-
located to the school under the provisions of
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
**(a) Recognition** Congress recognizes that the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.], which was a product of the legitimate aspirations and a recognition of the inherent authority of Indian nations, was and is a crucial positive step toward tribal and community control and that the United States has an obligation to assure maximum Indian participation in the direction of educational services so as to render the persons administering such services and the services themselves more responsive to the needs and desires of Indian communities.
**(b) Commitment** Congress declares its commitment to the maintenance of the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children through the establishment of a meaningful Indian self-determination policy for education that will deter further perpetuation of Federal bureaucratic domination of programs.
**(c) National goal** Congress declares that a national goal of the United States is to provide the resources, processes, and structure that will enable tribes and local communities to obtain the quantity and quality of educational services and opportunities that will permit Indian children—
(1) to compete and excel in areas of their choice; and
(2) to achieve the measure of self-determination essential to their social and economic well-being.
**(d) Educational needs** Congress affirms—
(1) true self-determination in any society of people is dependent upon an educational process that will ensure the development of qualified people to fulfill meaningful leadership roles;
(2) that Indian people hav
**(a) Rules**
(1) **In general** — A tribally controlled school is eligible for assistance under this chapter if the school—
(A) on April 28, 1988, was a contract school under title XI of the Education Amendments of 1978 [[25 U.S.C. 2000](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2000&num=0&edition=prelim) et seq.] and the tribe or tribal organization operating the school submits to the Secretary a written notice of election to receive a grant under this chapter;
(B) was a Bureau-operated school under title XI of the Education Amendments of 1978 [[25 U.S.C. 2000](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2000&num=0&edition=prelim) et seq.] and has met the requirements of subsection (b);
(C) is a school for which the Bureau has not provided funds, but which has met the requirements of subsection (c); or
(D) is a school with respect to which an election has been made under paragraph (2) and which has met the requirements of subsection (b).
(2) **New schools** — Any application which has been submitted under the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.] by an Indian tribe for a school which is not in operation on January 8, 2002, shall be reviewed under the guidelines and regulations for applications submitted under the Indian Self-Determination and Education Assistance Act that were in effect at the time the application was submitted, unless the Indian tribe or tribal organization elects to have the application reviewed under the provisions of subsection (b).
**(b) Additional requirements for Bureau-funded schools and certain electing schools**
(1)
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 2504. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2504. Eligibility for grants
(a) Rules
(1) In general
A tribally controlled school is eligible for as-
sistance under this chapter if the school—
(A) on April 28, 1988, was a contract school
under title XI of the Education Amendments
of 1978 [25 U.S.C. 2000 et seq.] and the tribe or
tribal organization operating the school sub-
mits to the Secretary a written notice of
election to receive a grant under this chap-
ter;
(B) was a Bureau-operated school under
title XI of the Education Amendments of
1978 [25 U.S.C. 2000 et seq.] and has met the
requirements of subsection (b);
(C) is a school for which the Bureau has
not provided funds, but which has met the
requirements of subsection (c); or
(D) is a school with respect to which an
election has been made under paragraph (2)
and which has met the requirements of sub-
section (b).
(2) New schools
Any application which has been submitted
under the Indian Self-Determination and Edu-
cation Assistance Act [25 U.S.C. 5301 et seq.]
by an Indian tribe for a school which is not in
operation on January 8, 2002, shall be reviewed
under the guidelines and regulations for appli-
cations submitted under the Indian Self-Deter-
mination and Education Assistance Act that
were in effect at the time the application was
submitted, unless the Indian tribe or tribal or-
ganization elects to have the application re-
viewed under the provisions of subsection (b).
(b) Additional requirements for Bureau-funded
schools and certain electing schools
(1) Bureau-funded schools
A school that was a Bureau-funded school
under title XI of the Education Amendments
of 1978 [25 U.S.C. 2000 et seq.] on January 8,
2002, and any school with respect to which an
election is made under subsection (a)(2), meets
the requirements of
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 2504. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458aaa–18 was editorially reclassified as [section 5399 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5399&num=0&edition=prelim).
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 450. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 450. Transferred
Editorial Notes
CODIFICATION
Section 450 was editorially reclassified as section 5301
of this title.
§ 450a. Transferred
Editorial Notes
CODIFICATION
Section 450a was editorially reclassified as section
5302 of this title.
§ 450a–1. Transferred
Editorial Notes
CODIFICATION
Section 450a–1 was editorially reclassified as section
5303 of this title.
§ 450b. Transferred
Editorial Notes
CODIFICATION
Section 450b was editorially reclassified as section
5304 of this title.
§ 450c. Transferred
Editorial Notes
CODIFICATION
Section 450c was editorially reclassified as section
5305 of this title.
§ 450d. Transferred
Editorial Notes
CODIFICATION
Section 450d was editorially reclassified as section
5306 of this title.
§ 450e. Transferred
Editorial Notes
CODIFICATION
Section 450e was editorially reclassified as section
5307 of this title.
§ 450e–1. Transferred
Editorial Notes
CODIFICATION
Section 450e–1 was editorially reclassified as section
5308 of this title.
§ 450e–2. Transferred
Editorial Notes
CODIFICATION
Section 450e–2 was editorially reclassified as section
5309 of this title.
§ 450e–3. Transferred
Editorial Notes
CODIFICATION
Section 450e–3 was editorially reclassified as section
5310 of this title.
PART A—INDIAN SELF-DETERMINATION
§ 450f. Transferred
Editorial Notes
CODIFICATION
Section 450f was editorially reclassified as section
5321 of this title.
Statutory Notes and Related Subsidiaries
TRIBAL SELF-GOVERNANCE DEMONSTRATION PROJECT
Pub. L. 93–638, title III, as added by Pub. L. 100–472,
title II, § 209, Oct. 5, 1988, 102 Stat. 2296; amended by
Pub. L. 102–184, §§ 2–6, Dec. 4, 1991, 105 Stat. 1278; Pub. L.
102–573, title VIII, § 814, Oct. 29, 1992, 106 Stat. 4590; Pub.
L. 103–435, § 22(a)(2), (3), Nov.
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 450. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458bbb–2, Pub. L. 93–638, title V, § 503, as added Pub. L. 106–568, title XIII, § 1302, Dec. 27, 2000, 114 Stat. 2938, was renumbered section 803 of Pub. L. 93–638 and transferred to [section 458ddd–2 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section458ddd-2&num=0&edition=prelim) prior to editorial reclassification as [section 5423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5423&num=0&edition=prelim).
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 450b. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 450b. Transferred
Editorial Notes
CODIFICATION
Section 450b was editorially reclassified as section
5304 of this title.
§ 450c. Transferred
Editorial Notes
CODIFICATION
Section 450c was editorially reclassified as section
5305 of this title.
§ 450d. Transferred
Editorial Notes
CODIFICATION
Section 450d was editorially reclassified as section
5306 of this title.
§ 450e. Transferred
Editorial Notes
CODIFICATION
Section 450e was editorially reclassified as section
5307 of this title.
§ 450e–1. Transferred
Editorial Notes
CODIFICATION
Section 450e–1 was editorially reclassified as section
5308 of this title.
§ 450e–2. Transferred
Editorial Notes
CODIFICATION
Section 450e–2 was editorially reclassified as section
5309 of this title.
§ 450e–3. Transferred
Editorial Notes
CODIFICATION
Section 450e–3 was editorially reclassified as section
5310 of this title.
PART A—INDIAN SELF-DETERMINATION
§ 450f. Transferred
Editorial Notes
CODIFICATION
Section 450f was editorially reclassified as section
5321 of this title.
Statutory Notes and Related Subsidiaries
TRIBAL SELF-GOVERNANCE DEMONSTRATION PROJECT
Pub. L. 93–638, title III, as added by Pub. L. 100–472,
title II, § 209, Oct. 5, 1988, 102 Stat. 2296; amended by
Pub. L. 102–184, §§ 2–6, Dec. 4, 1991, 105 Stat. 1278; Pub. L.
102–573, title VIII, § 814, Oct. 29, 1992, 106 Stat. 4590; Pub.
L. 103–435, § 22(a)(2), (3), Nov. 2, 1994, 108 Stat. 4575; Pub.
L. 103–437, § 10(c)(1), Nov. 2, 1994, 108 Stat. 4589; Pub. L.
105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828, re-
lated to tribal self-governance research and demonstra-
tion project conducted by Secretary of the Interior and
Secretary of Health and Human Services, prior to re-
peal by Pub. L. 106–260, § 10, Aug. 18, 2000, 114 Stat. 7
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 450b. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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.
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 5301. This identifies an authority to review, not proof of applicability.
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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 5301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
**(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 5304. This identifies an authority to review, not proof of applicability.