25 U.S.C. § 5395: Disclaimers

Summary

Protects funding for programs that serve Indian tribes. Nothing here can be read to cut or reduce money for any tribal program, project, or activity under this or other federal law. If a tribe thinks a compact or funding agreement breaks this rule, the tribe can use the process in section 5331. Keeps the United States’ trust and treaty duties to tribes intact under treaties, Executive orders, laws, or court decisions. The Indian Health Service must not bill or charge Indians who may have the economic means to pay for services, and it cannot require a tribe to bill or charge either.

Title 25, §5395

Indians, Source: USLM XML via OLRC

(a)No funding reduction

Nothing in this subchapter shall be construed to limit or reduce in any way the funding for any program, project, or activity serving an Indian tribe under this or other applicable Federal law. Any Indian tribe that alleges that a compact or funding agreement is in violation of this section may apply the provisions of section 5331 of this title.

(b)Federal trust and treaty responsibilities

Nothing in this chapter shall be construed to diminish in any way the trust responsibility of the United States to Indian tribes and individual Indians that exists under treaties, Executive orders, or other laws and court decisions.

(c)Obligations of the United States

The Indian Health Service under this chapter shall neither bill nor charge those Indians who may have the economic means to pay for services, nor require any Indian tribe to do so.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (b) and (c), 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 458aaa–14 of this title prior to editorial reclassification and renumbering as this section.

§5395 Disclaimers