25 U.S.C. § 451 Donations for Indians; use of gifts

§ 450n

TITLE 25—INDIANS

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.’’

§ 450n. Sovereign immunity
rights unaffected

and

trusteeship

Nothing in this subchapter shall be construed
as—
(1) affecting, modifying, diminishing, or
otherwise 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 people.
(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.)
REFERENCES IN TEXT
This subchapter, 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
Education Assistance Act, which is classified principally to this subchapter. For complete classification
of this Act to the Code, see Short Title note set out
under section 450 of this title and Tables.

PART B—CONTRACTS WITH STATES
CODIFICATION
This part, consisting of sections 451 to 457 of this
title, which was previously set out as part of former
subchapter III of this chapter, was not enacted as part
of the Indian Self-Determination and Education Assistance Act which comprises this subchapter.

§ 451. Donations for Indians; use of gifts; annual
report to Congress
The Secretary of the Interior may accept donations of funds or other property for the advancement of the Indian race, and he may use
the donated property in accordance with the
terms of the donation in furtherance of any program 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 report 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.)
CODIFICATION
Section was not enacted as part of the JohnsonO’Malley Act which comprises this part, nor as part of
the Indian Self-Determination and Education Assistance Act which comprises this subchapter.

Page 172

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 institution or individual, and inserted provisions for an annual report to Congress on donations received and allocations made from such donations.
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.

§ 452. Contracts for education, medical attention,
relief and social welfare of Indians
The Secretary of the Interior is authorized, in
his discretion, to enter into a contract or contracts with any State or Territory, or political
subdivision thereof, or with any State university, college, or school, or with any appropriate
State or private corporation, agency, or institution, for the education, medical attention, agricultural assistance, and social welfare, including
relief of distress, of Indians in such State or Territory, through the agencies of the State or Territory 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, including 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.)
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 appropriate State or private corporation, agency, or institution’’, ‘‘through the agencies of the State or Territory
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 Territory,’’, and ‘‘such State’’, respectively.
SHORT TITLE
Act April 16, 1934, ch. 147, 48 Stat. 596, which enacted
sections 452 to 457 of this title, is popularly known as
the ‘‘Johnson-O’Malley Act’’.
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.), shall be distributed on
the basis of the formula recommended by the Assistant
Secretary of Indian Affairs in a letter to the Committees on Appropriations dated June 27, 1988, except that
for the fiscal year ending September 30, 1989, the minimum weight factor shall be 1.1 rather than 1.3 and for
the fiscal year ending 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.

AMENDMENTS

LIMITATION ON CONTRACT AUTHORITY

1968—Pub. L. 90–333 expanded area of permissible uses
to which Secretary may put donated property by sub-

Pub. L. 99–190, § 101(d) [title I], Dec. 19, 1985, 99 Stat.
1224, 1235, provided that: ‘‘notwithstanding any law or