§5304 — Title 25 Indians | U.S. Code

Summary

Defines key words used in this chapter. Construction programs means projects for planning, designing, building, fixing, improving, or expanding buildings and facilities, such as housing, law enforcement and detention sites, water and sanitation systems, roads, schools, administrative and health buildings, and similar works. Contract funding base is the starting amount used to figure contract funding needs, including all contract costs. Direct program costs are costs you can link to a single contract goal. Indian means a person who is a member of an Indian tribe. Indian tribe means any tribe, band, nation, or organized group recognized as eligible for special Federal Indian programs, and includes Alaska Native villages or corporations under the Alaska Native Claims Settlement Act (85 Stat. 688 [43 U.S.C. 1601 et seq.]). Indirect costs are costs that benefit more than one contract goal or that can’t be easily assigned to one goal. Indirect cost rate is the rate a tribe or tribal organization and the Federal agency agree on. Mature contract is a self-determination contract run continuously by a tribal organization for three or more years with no major audit problems; on request it will be treated as mature for purposes of section 5321(a). Secretary means the Secretary of Health and Human Services, the Secretary of the Interior, or both unless otherwise stated. Self-determination contract means a contract (or certain grants/cooperative agreements under section 5308) where a tribal organization runs programs for tribes that the Federal government otherwise provides; such contracts are not procurement contracts and generally are not subject to Federal procurement law except as provided in sections 5324(a)(3) and 5328(a)(1). State education agency is the state board or agency mainly in charge of public K–12 schools, or one designated by the Governor or state law if none exists. Tribal organization means a tribe’s governing body or an Indian organization created or chosen by the tribe to serve the community, and if a contract serves more than one tribe it must have each tribe’s approval. Construction contract means a fixed-price or cost-reimbursement self-determination contract for construction, but not contracts limited to planning or construction management, not BIA Housing Improvement or BIA roads maintenance program contracts administered by the Interior Secretary, and not health facility maintenance and improvement program contracts administered by the HHS Secretary.

Title 25, §5304

Indians — Source: USLM XML via OLRC

For purposes of this chapter, the term—

(a)“construction programs” means programs for the planning, design, construction, repair, improvement, and expansion of buildings or facilities, including, but not limited to, housing, law enforcement and detention facilities, sanitation and water systems, roads, schools, administration and health facilities, irrigation and agricultural work, and water conservation, flood control, or port facilities;

(b)“contract funding base” means the base level from which contract funding needs are determined, including all contract costs;

(c)“direct program costs” means costs that can be identified specifically with a particular contract objective;

(d)“Indian” means a person who is a member of an Indian tribe;

(e)“Indian tribe” or “Indian Tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians;

(f)“indirect costs” means costs incurred for a common or joint purpose benefiting more than one contract objective, or which are not readily assignable to the contract objectives specifically benefited without effort disproportionate to the results achieved;

(g)“indirect cost rate” means the rate arrived at through negotiation between an Indian tribe or tribal organization and the appropriate Federal agency;

(h)“mature contract” means a self-determination contract that has been continuously operated by a tribal organization for three or more years, and for which there are no significant and material audit exceptions in the annual financial audit of the tribal organization: Provided, That upon the request of a tribal organization or the tribal organization’s Indian tribe for purposes of section 5321(a) of this title, a contract of the tribal organization which meets this definition shall be considered to be a mature contract;

(i)“Secretary”, unless otherwise designated, means either the Secretary of Health and Human Services or the Secretary of the Interior or both;

(j)“self-determination contract” means a contract entered into under subchapter I (or a grant or cooperative agreement used under section 5308 of this title) between a Tribal organization and the appropriate Secretary for the planning, conduct, and administration of programs or services that are otherwise provided to Indian Tribes and members of Indian Tribes pursuant to Federal law, subject to the condition that, except as provided in section 5324(a)(3) of this title, no contract entered into under subchapter I (or grant or cooperative agreement used under section 5308 of this title) shall be—

(1)considered to be a procurement contract; or

(2)except as provided in section 5328(a)(1) of this title, subject to any Federal procurement law (including regulations);

(k)“State education agency” means the State board of education or other agency or officer primarily responsible for supervision by the State of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law;

(l)“Tribal organization” or “tribal organization” means the recognized governing body of any Indian tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities: Provided, That in any case where a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant; and

(m)“construction contract” means a fixed-price or cost-reimbursement self-determination contract for a construction project, except that such term does not include any contract—

(1)that is limited to providing planning services and construction management services (or a combination of such services);

(2)for the Housing Improvement Program or roads maintenance program of the Bureau of Indian Affairs administered by the Secretary of the Interior; or

(3)for the health facility maintenance and improvement program administered by the Secretary of Health and Human Services.

Notes & Related Subsidiaries

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 Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see

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note set out under section 5301 of this title and Tables. The Alaska Native Claims Settlement Act, referred to in subsec. (e), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see

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note set out under section 1601 of Title 43, and Tables. Subchapter I, referred to in subsec. (j), was in the original “title I”, meaning title I of Pub. L. 93–638, known as the Indian Self-Determination Act, which is classified principally to subchapter I (§ 5321 et seq.) of this chapter. For complete classification of title I to the Code, see

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note set out under section 5301 of this title and Tables. Codification Section was formerly classified to section 450b of this title prior to editorial reclassification and renumbering as this section.

Amendments

2020—Subsec. (e). Pub. L. 116–180, § 201(a)(2)(A), substituted “ ‘Indian tribe’ or ‘Indian Tribe’ means” for “ ‘Indian tribe’ means”. Subsec. (j). Pub. L. 116–180, § 201(a)(1), added subsec. (j) and struck out former subsec. (j) which defined “self-determination contract”. Subsec. (l). Pub. L. 116–180, § 201(a)(2)(B), substituted “ ‘Tribal organization’ or ‘tribal organization’ means” for “ ‘tribal organization’ means”. 1994—Subsec. (g). Pub. L. 103–413, § 102(1)(A), substituted “indirect cost rate” for “indirect costs rate”. Subsec. (m). Pub. L. 103–413, § 102(1)(B)–(D), added subsec. (m). 1990—Subsec. (e). Pub. L. 101–301, § 2(a)(1), inserted a comma before “which is recognized”. Subsec. (h). Pub. L. 101–644, § 202(1), struck out “in existence on October 5, 1988,” before “which meets this definition”. Subsec. (j). Pub. L. 101–644, § 202(2), substituted “contract (or grant or cooperative agreement utilized under section 5308 of this title) entered” for “contract entered” in two places. Pub. L. 101–301, § 2(a)(2), (3), substituted “under this chapter” for “pursuant to this Act” in two places and struck out “the” before “Secretary”. 1988—Pub. L. 100–472 amended section generally, substituting subsecs. (a) to (l) for former subsecs. (a) to (d) and (f) which defined “Indian”, “Indian tribe”, “Tribal organization”, “Secretary”, and “State education agency”. Subsec. (h). Pub. L. 100–581, § 208(a)(1), substituted “by a tribal organization” for “by tribal organization”. Pub. L. 100–581, § 208(a)(2), which directed the amendment of subsec. (h) by substituting “a tribal organization or the tribal organization’s Indian tribe for purposes of section 5321(a) of this title” for “a tribal organization or a tribal governing body” was executed by substituting the new language for “a tribal organization or tribal governing body” to reflect the probable intent of Congress. Subsec. (j). Pub. L. 100–581, § 208(b), substituted “the Secretary for the planning” for “Secretary the planning” and “except as provided the last proviso in section 5324(a) of this title, no contract” for “no contract”.

§5304 Definitions

Summary

Title 25, §5304

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

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Amendments

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