25 U.S.C. § 5342 — Contracts for education, medical atten-

Page 751 TITLE 25—INDIANS § 5342 lows: ‘‘Unless otherwise agreed to by the resolution of tribal organization, the Secretary shall not revise or amend a self-determination contract with such tribal organization.’’ Subsec. (c). Pub. L. 101–301, § 1(a)(2), made technical correction to directory language of Pub. L. 100–581, § 212(c). See 1988 Amendment note below. 1988—Subsec. (a). Pub. L. 100–581, § 212(a), as amended by Pub. L. 101–301, § 1(a)(2), substituted ‘‘over any civil action’’ for ‘‘over civil action’’ after ‘‘Court of Claims,’’. Subsec. (b). Pub. L. 100–581, § 212(b), substituted ‘‘of tribal organization’’ for ‘‘of an Indian tribe’’ and ‘‘such tribal organization’’ for ‘‘such tribe’’. Subsec. (c). Pub. L. 100–581, § 212(c), as amended by Pub. L. 101–301, § 1(a)(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘The Equal Access to Justice Act (Public Law 96–481, Act of October 1 [21], 1980; 94 Stat. 2325, as amended) shall apply to administrative appeals by tribal organizations regarding self-determination contracts.’’ § 5332. Sovereign immunity and trusteeship rights unaffected Nothing in this chapter shall be construed as— (1) affecting, modifying, diminishing, or oth- erwise impairing the sovereign immunity from suit enjoyed by an Indian tribe; or (2) authorizing or requiring the termination of any existing trust responsibility of the United States with respect to the Indian peo- ple. (Pub. L. 93–638, title I, § 111, formerly § 110, Jan. 4, 1975, 88 Stat. 2213; renumbered § 111, Pub. L. 100–472, title II, § 206(b), Oct. 5, 1988, 102 Stat. 2295.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Edu- cation 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 450n of this title prior to editorial reclassification and renumbering as this section. SUBCHAPTER II—CONTRACTS WITH STATES Editorial Notes CODIFICATION Subchapter, consisting of sections 5341 to 5347 of this title, was not enacted as part of the Indian Self-Deter- mination and Education Assistance Act which com- prises this chapter. § 5341. Donations for Indians; use of gifts; annual report to Congress The Secretary of the Interior may accept do- nations of funds or other property for the ad- vancement of the Indian race, and he may use the donated property in accordance with the terms of the donation in furtherance of any pro- gram authorized by other provision of law for the benefit of Indians. An annual report shall be made to the Congress on donations received and allocations made from such donations. This re- port shall include administrative costs and other pertinent data. (Feb. 14, 1931, ch. 171, 46 Stat. 1106; Pub. L. 90–333, June 8, 1968, 82 Stat. 171.) Editorial Notes CODIFICATION Section was not enacted as part of the Johnson- O’Malley Act which comprises this subchapter, nor as part of the Indian Self-Determination and Education Assistance Act which comprises this chapter. Section was formerly classified to section 451 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1968—Pub. L. 90–333 expanded area of permissible uses to which Secretary may put donated property by sub- stituting provisions allowing inclusion of programs otherwise authorized by law intended to benefit Indians for provisions limiting permissible uses to programs otherwise authorized by law only if it could be shown that property would benefit a particular Indian institu- tion or individual, and inserted provisions for an an- nual report to Congress on donations received and allo- cations made from such donations. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in this section relating to making an annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 113 of House Document No. 103–7. § 5342. Contracts for education, medical atten- tion, relief and social welfare of Indians The Secretary of the Interior is authorized, in his discretion, to enter into a contract or con- tracts with any State or Territory, or political subdivision thereof, or with any State univer- sity, college, or school, or with any appropriate State or private corporation, agency, or institu- tion, for the education, medical attention, agri- cultural assistance, and social welfare, including relief of distress, of Indians in such State or Ter- ritory, through the agencies of the State or Ter- ritory 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, in- cluding relief of distress, of Indians in such State or Territory. (Apr. 16, 1934, ch. 147, § 1, 48 Stat. 596; June 4, 1936, ch. 490, § 1, 49 Stat. 1458.) 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 appro- priate State or private corporation, agency, or institu- tion’’, ‘‘through the agencies of the State or Territory Page 752 TITLE 25—INDIANS § 5343 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 Terri- tory,’’, 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 Af- fairs in a letter to the Committees on Appropriations dated June 27, 1988, except that for the fiscal year end- ing September 30, 1989, the minimum weight factor shall be 1.1 rather than 1.3 and for the fiscal year end- ing 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’’. § 5343. Use of Government property by States and Territories The Secretary of the Interior, in making any contract authorized by sections 5342 to 5348 of this title, may permit such contracting party to utilize, for the purposes of said sections, exist- ing school buildings, hospitals, and other facili- ties, and all equipment therein or appertaining thereto, including livestock and other personal property owned by the Government, under such terms and conditions as may be agreed upon for their use and maintenance. (Apr. 16, 1934, ch. 147, § 2, 48 Stat. 596; June 4, 1936, ch. 490, § 2, 49 Stat. 1459.) Editorial Notes CODIFICATION Section was formerly classified to section 453 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1936—Act June 4, 1936, substituted ‘‘, may permit such contracting party’’ for ‘‘with any State or Terri- tory, may permit such State or Territory’’. § 5344. Rules and regulations; minimum stand- ards of service The Secretary of the Interior is authorized to perform any and all acts and to make such rules and regulations, including minimum standards of service, as may be necessary and proper for the purpose of carrying the provisions of sec- tions 5342 to 5348 of this title into effect: Pro- vided, That such minimum standards of service are not less than the highest maintained by the States or Territories within which said contract or contracts, as herein provided, are to be effec- tive. (Apr. 16, 1934, ch. 147, § 3, 48 Stat. 596; June 4, 1936, ch. 490, § 3, 49 Stat. 1459.) Editorial Notes CODIFICATION Section was formerly classified to section 454 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1936—Act June 4, 1936, substituted ‘‘within which’’ for ‘‘with which’’. § 5345. Contracts for education in public schools; submission of education plan by contractor as prerequisite; criteria for approval of plan by Secretary of the Interior; participation by non-Indian students The Secretary of the Interior shall not enter into any contract for the education of Indians unless the prospective contractor has submitted to, and has had approved by the Secretary of the Interior, an education plan, which plan, in the determination of the Secretary, contains edu- cational objectives which adequately address the educational needs of the Indian students who are to be beneficiaries of the contract and assures that the contract is capable of meeting such objectives: Provided, That where students other than Indian students participate in such programs, money expended under such contract shall be prorated to cover the participation of only the Indian students. (Apr. 16, 1934, ch. 147, § 4, as added Pub. L. 93–638, title II, § 202, Jan. 4, 1975, 88 Stat. 2213.) Editorial Notes CODIFICATION Section was formerly classified to section 455 of this title prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 4 of act Apr. 16, 1934, ch. 147, 48 Stat. 596; June 4, 1936, ch. 490, 49 Stat. 1458, directed Sec- retary of the Interior to report to Congress any con- tracts made under provisions of sections 5342 to 5344 of this title, prior to repeal by Pub. L. 86–533, § 1(15), June 29, 1960, 74 Stat. 248. § 5346. Local committee of Indian parents in school districts having school boards com- posed of non-Indian majority (a) Election; functions Whenever a school district affected by a con- tract or contracts for the education of Indians pursuant to sections 5342 to 5348 of this title has a local school board not composed of a majority of Indians, the parents of the Indian children en- rolled in the school or schools affected by such contract or contracts shall elect a local com- mittee from among their number. Such com-