Title 25 — IndiansRelease 119-73
§5329 Contract or grant specifications
Title 25 › Chapter CHAPTER 46— - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE › Subchapter SUBCHAPTER I— - INDIAN SELF-DETERMINATION › § 5329
Summary
Each self-determination contract must include the model agreement found in subsection (c) or must refer to it. Parties can make the indicated changes and fill in the blanks. The contract may also include other terms the parties agree to, subject to section 5321, subsections (a) and (b). Despite other laws, the Secretary may make payments under section 1(b)(6) of that model agreement. As section 1(b)(7) says, the specific tribal records named there are not Federal records under chapter 5 of title 5.
Full Legal Text
Title 25, §5329
Indians — Source: USLM XML via OLRC
(a)Each self-determination contract entered into under this chapter shall—
(1)contain, or incorporate by reference, the provisions of the model agreement described in subsection (c) of this section (with modifications where indicated and the blanks appropriately filled in), and
(2)subject to subsections (a) and (b) of section 5321 of this title, contain such other provisions as are agreed to by the parties.
(b)Notwithstanding any other provision of law, the Secretary may make payments pursuant to section 1(b)(6) of such model agreement. As provided in section 1(b)(7) of the model agreement, the records of the tribal government or tribal organization specified in such section shall not be considered Federal records for purposes of chapter 5 of title 5.
(c)The model agreement referred to in subsection (a)(1) of this section reads as follows:
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), 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
Short Title
note set out under section 5301 of this title and Tables. The Indian Self-Determination and Education Assistance Act, referred to in the provisions of subsec. (c) setting out the model agreement, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as this chapter. Title I of the Act was classified principally to part A (§ 450f et seq.) of chapter 14 of this title prior to editorial reclassification as this subchapter. section 105, 106, and 110 of the Act were classified to section 450j, 450j–1, and 450m–1, respectively, of this title prior to editorial reclassification as section 5324, 5325, and 5331, respectively, of this title. section 102(a) of the Act is classified to section 5321(a) of this title. section 108(b) of the Act is classified to subsec. (b) of this section. 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 Indian Civil Rights Act of 1968, referred to in section 1(b)(13) of the provisions of subsec. (c) setting out the model agreement, is title II of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 77, which is classified generally to subchapter I (§ 1301 et seq.) of chapter 15 of this title. For complete classification of this Act to the Code, see Tables. section 16 of the Act of
June 18, 1934, referred to in section 1(b)(15)(A) of the provisions of subsec. (c) setting out the model agreement, is section 16 of act
June 18, 1934, ch. 576, 48 Stat. 987, which was classified to section 476 of this title prior to editorial reclassification as section 5123 of this title. The Act of
July 3, 1952, referred to in section 1(b)(15)(A) of the provisions of subsec. (c) setting out the model agreement, is act
July 3, 1952, ch. 549, 66 Stat. 323, which enacted section 82a of this title and provisions set out as a note under section 82a of this title. The Indian Health Care Improvement Act, referred to in section 1(d)(2) of the provisions of subsec. (c) setting out the model agreement, is Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, which is classified principally to chapter 18 (§ 1601 et seq.) of this title. For complete classification of this Act to the Code, see
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note set out under section 1601 of this title and Tables. Codification Section was formerly classified to section 450l of this title prior to editorial reclassification and renumbering as this section.
Prior Provisions
A prior section 108 of Pub. L. 93–638 was renumbered section 5(f) and was classified to section 450c(f) of this title prior to editorial reclassification as section 5305(f) of this title.
Amendments
2020—Subsec. (a)(2). Pub. L. 116–180, § 205(1), inserted “subject to subsections (a) and (b) of section 5321 of this title,” before “contain”. Subsec. (c). Pub. L. 116–180, § 205(3), substituted “two performance monitoring visits” for “one performance monitoring visit” in the introductory provisions of section 1(b)(7)(C) of the provisions setting out the model agreement. Pub. L. 116–180, § 205(2), inserted “subject to subsections (a) and (b) of section 102 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5321),” before “such other provisions” in section 1(f)(2)(A)(ii) of the provisions setting out the model agreement. 2000—Subsec. (c). Pub. L. 106–568 substituted “, section 16 of the Act of
June 18, 1934” for “and section 16 of the Act of
June 18, 1934” and “and the Act of
July 3, 1952 (25 U.S.C. 82a), shall not apply” for “shall not apply” in section 1(b)(15)(A) of the provisions setting out the model agreement.
Statutory Notes and Related Subsidiaries
Quarterly Payments of Funds to Tribes Pub. L. 105–83, title III, § 311, Nov. 14, 1997, 111 Stat. 1590, provided that: “Notwithstanding Public Law 103–413 [see
Short Title
of 1994 Amendment note set out under section 5301 of this title], quarterly payments of funds to tribes and tribal organizations under annual funding agreements pursuant to section 108 of Public Law 93–638 [25 U.S.C. 5329], as amended, beginning in fiscal year 1998 and therafter [sic], may be made on the first business day following the first day of a fiscal quarter.” Similar provisions were contained in the following prior appropriation acts: Pub. L. 104–208, div. A, title I, § 101(d) [title III, § 311], Sept. 30, 1996, 110 Stat. 3009–181, 3009–221. Pub. L. 104–134, title I, § 101(c) [title III, § 311], Apr. 26, 1996, 110 Stat. 1321–156, 1321–197; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
Reference
Citations & Metadata
Citation
25 U.S.C. § 5329
Title 25 — Indians
Last Updated
Apr 6, 2026
Release point: 119-73