§5322 — Title 25 Indians | U.S. Code

Summary

The Secretary of the Interior can give grants or make contracts to tribal organizations when a tribe asks, using funds provided under section 13 and later laws. These grants can help strengthen tribal government (for example, planning, money management, personnel systems, programs, or building and running tribal facilities), pay for planning, training, and evaluations so a tribe can enter into contracts under section 5321, and help buy land tied to those activities. If the land is in Indian country or touches trust land on at least two sides, the Secretary can take it into trust for the tribe. The Secretary of Health and Human Services can, under rules in section 5328, make grants for health facilities and services (including training) from Indian Health Service funds and for work that helps tribes prepare to contract under section 103. Grant money here can be used as matching funds for other federal grants. If a tribal organization asks and money is available, the Secretary must give free technical help to develop new self-determination contracts, take over programs listed in section 5321(a)(1), or revise contract proposals the Secretary refused under section 5321. The Secretary can also fund technical help chosen by the tribe (including experienced tribal contractors) to plan, evaluate, build management systems, develop indirect cost plans, and to plan or review federal programs serving the tribe.

Title 25, §5322

Indians — Source: USLM XML via OLRC

(a)The Secretary of the Interior is authorized, upon the request of any Indian tribe (from funds appropriated for the benefit of Indians pursuant to section 13 of this title, and any Act subsequent thereto) to contract with or make a grant or grants to any tribal organization for—

(1)the strengthening or improvement of tribal government (including, but not limited to, the development, improvement, and administration of planning, financial management, or merit personnel systems; the improvement of tribally funded programs or activities; or the development, construction, improvement, maintenance, preservation, or operation of tribal facilities or resources);

(2)the planning, training, evaluation of other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to section 5321 of this title and the additional costs associated with the initial years of operation under such a contract or contracts; or

(3)the acquisition of land in connection with items (1) and (2) above: Provided, That in the case of land within Indian country (as defined in chapter 53 of title 18) or which adjoins on at least two sides lands held in trust by the United States for the tribe or for individual Indians, the Secretary of 11 So in original. Probably should be followed by “the”. Interior may (upon request of the tribe) acquire such land in trust for the tribe.

(b)The Secretary of Health and Human Services may, in accordance with regulations adopted pursuant to section 5328 of this title, make grants to any Indian tribe or tribal organization for—

(1)the development, construction, operation, provision, or maintenance of adequate health facilities or services including the training of personnel for such work, from funds appropriated to the Indian Health Service for Indian health services or Indian health facilities; or

(2)planning, training, evaluation or other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to section 103 of this Act.22 See References in Text note below.

(c)The provisions of any other Act notwithstanding, any funds made available to a tribal organization under grants pursuant to this section may be used as matching shares for any other Federal grant programs which contribute to the purposes for which grants under this section are made.

(d)The Secretary is directed, upon the request of any tribal organization and subject to the availability of appropriations, to provide technical assistance on a nonreimbursable basis to such tribal organization—

(1)to develop any new self-determination contract authorized pursuant to this chapter;

(2)to provide for the assumption by such tribal organization of any program, or portion thereof, provided for in section 5321(a)(1) of this title; or

(3)to develop modifications to any proposal for a self-determination contract which the Secretary has declined to approve pursuant to section 5321 of this title.

(e)The Secretary is authorized, upon the request of an Indian tribe, to make a grant to any tribal organization for—

(1)obtaining technical assistance from providers designated by the tribal organization, including tribal organizations that operate mature contracts, for the purposes of program planning and evaluation, including the development of any management systems necessary for contract management, and the development of cost allocation plans for indirect cost rates; and

(2)the planning, designing, monitoring, and evaluating of Federal programs serving the tribe, including Federal administrative functions.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 103 of this Act, referred to in subsec. (b)(2), probably means former section 103 of Pub. L. 93–638, which was classified to former section 450g of this title, prior to repeal in part and transfer in part to former section 450f(d) of this title by Pub. L. 100–472, title II, § 201(b)(1), Oct. 5, 1988, 102 Stat. 2289, and editorial reclassification and renumbering of former section 450f(d) as section 5321(d) of this title. See

Prior Provisions

note below. This chapter, referred to in subsec. (d)(1), 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. Codification Section was formerly classified to section 450h of this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 103 of Pub. L. 93–638 was classified to former section 450g of this title prior to repeal in part and transfer in part to former section 450f(d) of this title by Pub. L. 100–472, title II, § 201(b)(1), Oct. 5, 1988, 102 Stat. 2289, and editorial reclassification and renumbering of former section 450f(d) as section 5321(d) of this title.

Amendments

1990—Subsec. (a)(3). Pub. L. 101–644, which directed the substitution of “Indian country (as defined in chapter 53 of title 18)” for “reservation boundaries” in “section 301(a)(3) of the Indian Self-Determination Act”, was executed to this section, which is section 103(a)(3) of that Act, to reflect the probable intent of Congress. 1988—Subsec. (a). Pub. L. 100–472, § 202(b), inserted “or” at end of par. (2), substituted a period for “; or” at end of par. (3), and struck out par. (4) which read as follows: “the planning, designing, monitoring, and evaluating of Federal programs serving the tribe.” Subsec. (b). Pub. L. 100–472, § 202(c), substituted “Health and Human Services” for “Health, Education, and Welfare”. Subsecs. (d), (e). Pub. L. 100–472, § 202(d), added subsecs. (d) and (e).

Statutory Notes and Related Subsidiaries

Authority of Secretary To Acquire Lands In Trust Pub. L. 101–644, title II, § 203(g)(2), Nov. 29, 1990, 104 Stat. 4666, provided that: “The amendment made by paragraph (1) [amending this section] shall not alter or otherwise modify or affect existing prohibitions or limitations on the Secretary’s authority to acquire lands in trust.”

§5322 Grants to Tribal Organizations or Tribes

Summary

Title 25, §5322

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Short Title

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Citations & Metadata