Title 25 — IndiansRelease 119-73
§5390 Federal procurement laws and regulations
Title 25 › Chapter CHAPTER 46— - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE › Subchapter SUBCHAPTER V— - TRIBAL SELF-GOVERNANCE—INDIAN HEALTH SERVICE › § 5390
Summary
The Secretary and Indian tribes can agree to put certain federal procurement rules into construction funding agreements. Those rules are from division B of subtitle I of title 41 (except sections 1123, 2303, 2304, and 2313) and the Federal Acquisition Regulations. If they do not make such an agreement, those laws and regulations do not apply.
Full Legal Text
Title 25, §5390
Indians — Source: USLM XML via OLRC
Regarding construction programs or projects, the Secretary and Indian tribes may negotiate for the inclusion of specific provisions of division B (except section 1123, 2303, 2304, and 2313) of subtitle I of title 41 and Federal acquisition regulations in any funding agreement entered into under this subchapter. Absent a negotiated agreement, such provisions and regulatory requirements shall not apply.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Section was formerly classified to section 458aaa–9 of this title prior to editorial reclassification and renumbering as this section. In text, “division B (except section 1123, 2303, 2304, and 2313) of subtitle I of title 41” substituted for “the Office of Federal Procurement and Policy Act (41 U.S.C. 401 et seq.)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Reference
Citations & Metadata
Citation
25 U.S.C. § 5390
Title 25 — Indians
Last Updated
Apr 6, 2026
Release point: 119-73