§5342 — Title 25 Indians | U.S. Code

Summary

The Secretary of the Interior may make contracts with a state, territory, local government, state school, or suitable private group to provide education, health care, farm help, and social services (including emergency relief) to Indians in that area. The Secretary may spend money that Congress set aside for those services to pay for those contracts.

Title 25, §5342

Indians — Source: USLM XML via OLRC

The Secretary of the Interior is authorized, in his discretion, to enter into a contract or contracts with any State or Territory, or political subdivision thereof, or with any State university, college, or school, or with any appropriate State or private corporation, agency, or institution, for the education, medical attention, agricultural assistance, and social welfare, including relief of distress, of Indians in such State or Territory, through the agencies of the State or Territory or of the corporations and organizations hereinbefore named, and to expend under such contract or contracts, moneys appropriated by Congress for the education, medical attention, agricultural assistance, and social welfare, including relief of distress, of Indians in such State or Territory.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 452 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1936—Act June 4, 1936, substituted “with any State or Territory, or political subdivision thereof, or with any State university, college, or school, or with any appropriate State or private corporation, agency, or institution”, “through the agencies of the State or Territory or of the corporations and organizations hereinbefore named,”, and “such State or Territory” for “any State or Territory having legal authority so to do,”, “through the qualified agencies of such State or Territory,”, and “such State”, respectively.

Statutory Notes and Related Subsidiaries

Short Title

Sections 5342 to 5348 of this title popularly known as the “Johnson-O’Malley Act”, see note under section 5301 of this title. Distribution of Public School Assistance Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1795, provided that: “notwithstanding any other provision of law, the amounts available for assistance to public schools under the Act of

April 16, 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.) [now 25 U.S.C. 5342 et seq.], shall be distributed on the basis of the formula recommended by the Assistant Secretary of Indian Affairs in a letter to the Committees on Appropriations dated

June 27, 1988, except that for the fiscal year ending

September 30, 1989, the minimum weight factor shall be 1.1 rather than 1.3 and for the fiscal year ending

September 30, 1990, the minimum weight factor shall be 1.2 rather than 1.3”. Similar provisions were contained in the following prior appropriation act: Pub. L. 100–202, § 101(g) [title I], Dec. 22, 1987, 101 Stat. 1329–213, 1329–228. Limitation on Contract Authority Pub. L. 99–190, § 101(d) [title I], Dec. 19, 1985, 99 Stat. 1224, 1235, provided that: “notwithstanding any law or regulation, in allocating funds for aid to public schools under the Act of

April 16, 1934, as amended [25 U.S.C. 5342 et seq.], the Secretary shall enter into contracts only for the provision of supplementary educational services for Indian children”.

§5342 Contracts for education, medical attention, relief and social welfare of Indians