25 U.S.C. § 5328
The provisions of this chapter shall supersede any conflicting provisions of law (including any conflicting regulations) in effect on the day before October 25, 1994, and the Secretary is authorized to repeal any regulation inconsistent with the provisions of this chapter.
The Secretary of the Interior and the Secretary of Health and Human Services are authorized, with the participation of Indian tribes and tribal organizations, to revise and amend any rules or regulations promulgated pursuant to this section: Provided, That prior to any revision or amendment to such rules or regulations, the respective Secretary or Secretaries shall present the proposed revision or amendment to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives and shall, to the extent practicable, consult with appropriate national or regional Indian organizations and shall publish any proposed revisions in the Federal Register not less than sixty days prior to the effective date of such rules and regulations in order to provide adequate notice to, and receive comments from, other interested parties.
The Secretary may, with respect to a contract entered into under this chapter, make exceptions in the regulations promulgated to carry out this chapter, or waive such regulations, if the Secretary finds that such exception or waiver is in the best interest of the Indians served by the contract or is consistent with the policies of this chapter, and is not contrary to statutory law. In reviewing each request, the Secretary shall follow the timeline, findings, assistance, hearing, and appeal procedures set forth in section 5321 of this title.
25 U.S.C. § 5328
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsecs. (a), (b), (d)(2)(A), (D), and (e), 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.The Indian Self-Determination Contract Reform Act of 1994, referred to in subsec. (d)(2)(C), is title I of Pub. L. 103-413, 108 Stat. 4250, which enacted section 5329 of this title, amended this section and sections 5304, 5305, 5307, 5321, 5324, 5325, 5330, and 5331 of this title, and enacted provisions set out as a note under section 5301 of this title. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 5301 of this title and Tables.
CODIFICATIONSection was formerly classified to section 450k of this title prior to editorial reclassification and renumbering as this section.In subsec. (a)(1), "chapter 71 of title 41" substituted for "the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)" on authority of Pub. L. 111-350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
AMENDMENTS1996-Subsec. (a)(2)(B). Pub. L. 104-133 substituted "20 months" for "18 months".Subsec. (b). Pub. L. 104-287 repealed Pub. L. 103-437, §10(c)(2)(A). See 1994 Amendment note below.1994-Subsec. (a). Pub. L. 103-413, §105(1), added subsec. (a) and struck out former subsec. (a) which read as follows: "The Secretaries of the Interior and of Health and Human Services are each authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purposes of carrying out the provisions of this chapter: Provided, however, That all Federal requirements for self-determination contracts and grants under this Act shall be promulgated as regulations in conformity with sections 552 and 553 of title 5."Subsec. (b). Pub. L. 103-437, §10(c)(2)(A), which directed that subsec. (b) be repealed, was itself repealed by Pub. L. 104-287, §6(e). See Effective Date and Construction of 1996 Amendment note below. Pub. L. 103-435 which directed substitution of "Committee on Natural Resources" for "Committee on Interior and Insular Affairs" in par. (2), could not be executed because "Committee on Interior and Insular Affairs" did not appear in text subsequent to amendment by Pub. L. 103-413, §105(1). See below. Pub. L. 103-413, §105(1), added subsec. (b) and struck out former subsec. (b) which read as follows:"(b)(1) Within three months from October 5, 1988, the Secretary shall consider and formulate appropriate regulations to implement the provisions of this Act, with the participation of Indian tribes. Such proposed regulations shall contain all Federal requirements applicable to self-determination contracts and grants under this Act."(2) Within six months from October 5, 1988, the Secretary shall present the proposed regulations to the Select Committee on Indian Affairs of the United States Senate and to the Committee on Interior and Insular Affairs of the United States House of Representatives."(3) Within seven months from October 5, 1988, the Secretary shall publish proposed regulations in the Federal Register for the purpose of receiving comments from tribes and other interested parties."(4) Within ten months from October 5, 1988, the Secretary shall promulgate regulations to implement the provisions of such Act."Subsec. (c). Pub. L. 103-437, §10(c)(2)(B), substituted "Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives" for "Committees on Interior and Insular Affairs of the United States Senate and House of Representatives".Subsecs. (d), (e). Pub. L. 103-413, §105(2), added subsecs. (d) and (e).1990-Subsec. (c). Pub. L. 101-644 inserted ", with the participation of Indian tribes and tribal organizations," after "authorized".1988-Subsec. (a). Pub. L. 100-472, §207(a), substituted "Health and Human Services" for "Health, Education, and Welfare", and inserted proviso relating to promulgation of Federal requirements for self-determination contracts as regulations.Subsec. (b). Pub. L. 100-472, §207(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:"(1) Within six months from January 4, 1975, the Secretary of the Interior and the Secretary of Health and Human Services shall each to the extent practicable, consult with national and regional Indian organizations to consider and formulate appropriate rules and regulations to implement the provisions of this chapter."(2) Within seven months from January 4, 1975, the Secretary of the Interior and the Secretary of Health and Human Services shall each present the proposed rules and regulations to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives."(3) Within eight months from January 4, 1975, the Secretary of the Interior and the Secretary of Health and Human Services shall publish proposed rules and regulations in the Federal Register for the purpose of receiving comments from interested parties."(4) Within ten months from January 4, 1975, the Secretary of the Interior and the Secretary of Health and Human Services shall promulgate rules and regulations to implement the provisions of this chapter."
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME"Secretary of Health and Human Services" substituted for "Secretary of Health, Education, and Welfare" in subsec. (c), pursuant to section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education.
EFFECTIVE DATE AND CONSTRUCTION OF 1996 AMENDMENT Pub. L. 104-287, §6(e), Oct. 11, 1996, 110 Stat. 3399, provided that: "Effective November 2, 1994, section 10(c)(2)(A) of the Act of November 2, 1994 (Public Law 103-437 108 Stat. 4589) [amending this section], is repealed and section 107(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450k(b)) [now 25 U.S.C. 5328(b)], as amended by section 105(1) of the Indian Self-Determination Act (Public Law 103-413 108 Stat. 4269), is revived and shall read as if section 10(c)(2)(A) of the Act of November 2, 1994 (Public Law 103-437 108 Stat. 4589), had not been enacted."
- Indian
- "Indian" means a person who is a member of an Indian tribe;