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§5395 Disclaimers

Title 25 › Chapter 46— INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE › Subchapter V— TRIBAL SELF-GOVERNANCE—INDIAN HEALTH SERVICE › § 5395

Last updated Apr 5, 2026|Official source

Summary

Federal funding for any program, project, or activity that serves an Indian tribe cannot be cut or reduced because of these rules. If a tribe thinks a compact or funding agreement breaks that rule, it may use the procedures in section 5331 of this title. Also, these rules do not reduce the United States’ trust responsibility to tribes and individual Indians under treaties, Executive orders, other laws, or court decisions. The Indian Health Service must not bill or charge Indians who might have the means to pay for services, and it cannot force any Indian tribe to bill or charge for those services.

Full Legal Text

Title 25, §5395

Indians — Source: USLM XML via OLRC

(a)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)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)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.

Legislative History

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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 5395

Title 25Indians

Last Updated

Apr 5, 2026

Release point: 119-73not60