§ 5321. Self-determination contracts

Footnotes

1. 1 So in original. Probably should be “paragraph,”.
2. 2 So in original. Probably should be “section”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Indian Self-Determination and Education Assistance Act

   Pub. L. 93–638 title I § 102 · 88 Stat. 2204

   Enacted · 25 U.S.C. § 5321

   Pub. L. 93–638, title I, § 102, formerly §§ 102 and 103(c), Jan. 4, 1975, 88 Stat. 2206

   Source evidence

   Code source credit
   Pub. L. 93–638, title I, § 102, formerly §§ 102 and 103(c), Jan. 4, 1975, 88 Stat. 2206

   Enacted provision · exact public law section
   Sec. 102. contracts by the secretary of the interior (a) The Secretary of the Interior is directed, upon the 25 USC 450f. request of any Indian tribe, to enter into a contract or contracts with any tribal organization of any such Indian tribe to plan, conduct, and administer programs, or portions thereof, provided for in the Act of April 16, 1934 (48 Stat. 596), as amended by this Act, any other 25 USC 452. program or portion thereof which the Secretary of the Interior is authorized to administer for the benefit of Indians under the Act of November 2, 1921 (42 Stat. 208), and any Act subsequent thereto: 25 USC 13, 52a. Provided, however, That the Secretary may initially decline to enter into any contract requested by an Indian tribe if he finds that: (1) the service to be rendered to the Indian beneficiaries of the particular program or function to be contracted will not be satisfactory; (2) adequate protection of trust resources is not assured, or (3) the proposed project or function to be contracted for cannot be properly completed or maintained by the proposed contract: Provided further, That in arriving at his finding, the Secretary shall consider whether the tribe or tribal organization would be deficient in performance under the contract with respect to (A) equipment, (B) bookkeeping and accounting procedures, (C) substantive knowledge of the program to be contracted for, (D) community support for the contract, (E) adequately trained personnel, or (F) other necessary components of contract performance. (b) Whenever the Secretary declines to enter into a contract or contracts pursuant to subsection (a) of this section, he shall (1) state his objections in writing to the tribe within sixty days, (2) provide to the extent practicable assistance to the tribe or tribal organization to overcome his stated objections, and (3) provide the tribe with a hearing, under such rules and regulations as he may promulgate, and the opportunity for appeal on the objections raised. (c) The Secretary is authorized to require any tribe requesting that he enter into a contract pursuant to the provisions of this title to obtain adequate liability insurance: Provided, however, That each such policy of insurance shall contain a provision that the insurance carrier shall waive any right it may have to raise as a defense the tribe’s sovereign immunity from suit, but that such waiver shall extend only to claims the amount and nature of which are within the coverage and limits of the policy and shall not authorize or empower such insurance carrier to waive or otherwise limit the tribe’s sovereign immunity outside or beyond the coverage and limits of the policy of insurance.

2. 1987

   Department of Commerce Appropriation Act, 1988

   Pub. L. 100–202 § 101(g)(tII)(s201) · 101 Stat. 1329

   Inserted · 25 U.S.C. § 5321(d)

   Pub. L. 100–202 inserted sentence at end deeming a tribal organization or Indian contractor carrying out a contract, grant agreement, or cooperative agreement to be part of the Public Health Service while carrying out any such contract or agreement and its employees to be employees of the Service while acting within the scope of their employment in carrying out the contract or agreement

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 100–202 inserted sentence at end deeming a tribal organization or Indian contractor carrying out a contract, grant agreement, or cooperative agreement to be part of the Public Health Service while carrying out any such contract or agreement and its employees to be employees of the Service while acting within the scope of their employment in carrying out the contract or agreement.

   Enacted provision · exact public law section
   Sec. 101. During the current fiscal year, applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act, and, notwithstanding 31 U.S.C. 3324, may be used for advance payments not otherwise authorized only upon the certification of officials designated by the Secretary that such payments are in the public interest.

3. 1988

   Pub. L. 100–446 title II § 201 · 102 Stat. 1774

   Inserted · 25 U.S.C. § 5321(d)

   Pub. L. 100–446 inserted into sentence beginning “For purposes of” the words “by any person, initially filed on or after December 22, 1987, whether or not such person is an Indian or Alaska Native or is served on a fee basis or under other circumstances as permitted by Federal law or regulations” after “claims”, “prior to, including, or after December 22, 1987,” after “performance”, “an Indian tribe,” after “investigations,” and “: Provided, That such employees shall be deemed to be acting within the scope of their employment in carrying out such contract or agreement when they are required, by reason of such employment, to perform medical, surgical, dental or related functions at a facility other than the facility operated pursuant to such contract or agreement, but only if such employees are not compensated for the performance of such functions by a person or entity other than such Indian tribe, tribal organization or Indian contractor” after “the contract or agreement”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 100–446 inserted into sentence beginning “For purposes of” the words “by any person, initially filed on or after December 22, 1987, whether or not such person is an Indian or Alaska Native or is served on a fee basis or under other circumstances as permitted by Federal law or regulations” after “claims”, “prior to, including, or after December 22, 1987,” after “performance”, “an Indian tribe,” after “investigations,” and “: Provided, That such employees shall be deemed to be acting within the scope of their employment in carrying out such contract or agreement when they are required, by reason of such employment, to perform medical, surgical, dental or related functions at a facility other than the facility operated pursuant to such contract or agreement, but only if such employees are not compensated for the performance of such functions by a person or entity other than such Indian tribe, tribal organization or Indian contractor” after “the contract or agreement”.

4. 1988

   Pub. L. 100–472 § 201(a) · 102 Stat. 2285

   Amended · 25 U.S.C. § 5321

   Pub. L. 100–472, § 201(a), amended section generally, revising and restating provisions of subsecs. (a) to (c)

   Source evidence

   Code amendment note
   Pub. L. 100–472, § 201(a), amended section generally, revising and restating provisions of subsecs. (a) to (c).

   Enacted provision · exact public law section
   (a) Section 102 of the Indian Self-Determination Act is amended to read as follows: “Sec. 102. (a) (1) The Secretary is directed, upon the request of any Indian tribe by tribal resolution, to enter into a Self-Determination contract or contracts with a tribal organization to plan, conduct, and administer programs or portions thereof, including construction programs— “(A) provided for in the Act of April 16, 1934 (48 Stat. 596), as amended; “(B) which the Secretary is authorized to administer for the benefit of Indians under the Act of November 2, 1921 (42 Stat. 208), and any Act subsequent thereto; “(C) provided by the Secretary of Health and Human Services under the Act of August 5, 1954 (68 Stat. 674), as amended; “(D) administered by the Secretary for the benefit of Indians for which appropriations are made to agencies other than the Department of Health and Human Services or the Department of the Interior; and “(E) for the benefit of Indians because of their status as Indians without regard to the agency or office of the Department of Health and Human Services or the Department of the Interior within which it is performed. “(2) If so authorized by an Indian tribe under paragraph (1) of this subsection, a tribal organization may submit a proposal for a Self-Determination contract to the Secretary for review. The Secretary shall, within ninety days after receipt of the proposal, approve the proposal unless, within sixty days of receipt of the proposal, a specific finding is made that— “(A) the service to be rendered to the Indian beneficiaries of the particular program or function to be contracted will not be satisfactory; “(B) adequate protection of trust resources is not assured; or “(C) the proposed project or function to be contracted for cannot be properly completed or maintained by the proposed contract. “(3) Upon the request of a tribal organization that operates two or more mature Self-Determination contracts, those contracts may be consolidated into one single contract. “(b) Whenever the Secretary declines to enter into a self-determination contract or contracts pursuant to subsection (a) of this section, the Secretary shall— “(1) state any objections in writing to the tribal organization. “(2) provide assistance to the tribal organization to overcome the stated objections, and “(3) provide the tribal organization with a hearing on the Records. record and the opportunity for appeal on the objections raised, under such rules and regulations as the Secretary may promulgate. “(c) (1) Beginning in 1990, the Secretary shall be responsible for Insurance. Grants. obtaining or providing liability insurance or equivalent coverage, on the most cost-effective basis, for Indian tribes, tribal organizations, and tribal contractors carrying out contracts, grant agreements and cooperative agreements pursuant to this Act. In obtaining or providing such coverage, the Secretary shall take into consideration the extent to which liability under such contracts or agreements are covered by the Federal Tort Claims Act. “(2) In obtaining or providing such coverage, the Secretary shall, to the greatest extent practicable, give a preference to coverage underwritten by Indian-owned economic enterprises as defined in section 1425, title 25, United States Code, except that, for the purposes of this subsection, such enterprises may include non-profit corporations. “(3) (A) Any policy of insurance obtained or provided by the Secretary pursuant to this subsection shall contain a provision that the insurance carrier shall waive any right it may have to raise as a defense the sovereign immunity of an Indian tribe from suit, but that such waiver shall extend only to claims the amount and nature of which are within the coverage and limits of the policy and shall not authorize or empower such insurance carrier to waive or other-wise limit the tribe’s sovereign immunity outside or beyond the coverage or limits of the policy of insurance. “(B) No waiver of the sovereign immunity of an Indian tribe pursuant to this paragraph shall include a waiver to the extent of any potential liability for interest prior to judgment or for punitive damages or for any other limitation on liability imposed by the law of the State in which the alleged injury occurs.”.

5. 1988

   Pub. L. 100–472 § 201(b)(1) · 102 Stat. 2285

   1. Redesignated · 25 U.S.C. § 5321(d)

      Pub. L. 100–472, § 201(b)(1), redesignated the last sentence of subsec. (c) of former section 450g of this title as subsec. (d) of this section

   2. Substituted · 25 U.S.C. § 5321(d)

      Pub. L. 100–472, § 201(b)(1), substituted reference to sections 5321 or 5322 of this title for reference to former sections 450g and 450h(b) of this title. See Codification notes above and set out under section 5322 of this title

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 100–472, § 201(b)(1), redesignated the last sentence of subsec. (c) of former section 450g of this title as subsec. (d) of this section and substituted reference to sections 5321 or 5322 of this title for reference to former sections 450g and 450h(b) of this title. See Codification notes above and set out under section 5322 of this title.

   Enacted provision · exact public law section
   (1) Subsections (a) and (b) and the first sentence of subsection (c) of section 103 of the Indian Self-Determination Act are hereby 25 USC 450f, 450g. repealed. Subsection (c) of section 103 of the Indian Self-Determina-tion Act is redesignated as subsection (d) of section 102 of that Act 25 USC 450f note. and is amended by striking out “103 and 104(b)” and inserting, in lieu thereof, “102 or 103”.

6. 1988

   Pub. L. 100–581 title II § 210 · 102 Stat. 2938

   Substituted · 25 U.S.C. § 5321(c)(2)

   Pub. L. 100–581 which directed amendment of par. (2) by substituting “section 1452 of this title” for “section 1425 of title 25, United States Code” was executed by making the substitution for “section 1425, title 25, United States Code” to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 100–581 which directed amendment of par. (2) by substituting “section 1452 of this title” for “section 1425 of title 25, United States Code” was executed by making the substitution for “section 1425, title 25, United States Code” to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   Sec. 210. Subsection (c)(2) of section 102 of the Indian Self-Determination and Education Assistance Act as amended by section 201 of the Indian Self-Determination and Education Assistance Act Amendments of 1988 is further amended by striking out “section 25 USC 450f. 1425 of title 25, United States Code” and inserting in lieu thereof “Section 3 of the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451 et seq.)”.

7. 1990

   Indian Arts and Crafts Act of 1990

   Pub. L. 101–644 title II § 203(b) · 104 Stat. 4662

   Inserted · 25 U.S.C. § 5321(d)

   Pub. L. 101–644 inserted “or for purposes of section 2679, title 28, with respect to claims by any such person, on or after November 29, 1990, for personal injury, including death, resulting from the operation of an emergency motor vehicle,” after “investigations,”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 101–644 inserted “or for purposes of section 2679, title 28, with respect to claims by any such person, on or after November 29, 1990, for personal injury, including death, resulting from the operation of an emergency motor vehicle,” after “investigations,”.

   Enacted provision · exact public law section
   (b) In section 102(d) of such Act (25 U.S.C. 450f(d)), immediately after “investigations,”, insert “or for purposes of section 2679, title 28, United States Code, with respect to claims by any such person, on or after the date of the enactment of the Indian Self-Determination and Education Assistance Act Amendments of 1990, for personal injury, including death, resulting from the operation of an emergency motor vehicle,”.

8. 1994

   Indian Self-Determination Contract Reform Act of 1994

   Pub. L. 103–413 § 102(5) · 108 Stat. 4250

   Inserted · 25 U.S.C. § 5321(a)(1)

   Pub. L. 103–413, § 102(5), inserted concluding provisions

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 103–413, § 102(5), inserted concluding provisions.

   Enacted provision · exact public law section
   (5) at the end of section 102(a)(1) add the following new 25 USC 450f . flush sentence: “The programs, functions, services, or activities that are contracted under this paragraph shall include administrative functions of the Department of the Interior and the Department of Health and Human Services (whichever is applicable) that support the delivery of services to Indians, including those administrative activities supportive of, but not included as part of, the service delivery programs described in this paragraph that are otherwise contractable. The administrative functions referred to in the preceding sentence shall be contractable without regard to the organizational level within the Department that carries out such functions.”;

9. 1994

   Indian Self-Determination Contract Reform Act of 1994

   Pub. L. 103–413 § 102(6)(A)(i) · 108 Stat. 4250

   1. Inserted · 25 U.S.C. § 5321(a)(2)

      Pub. L. 103–413, § 102(6)(A)(i), (ii), (vi), inserted “, or a proposal to amend or renew a self-determination contract,” before “to the Secretary for review” in first sentence and, in second sentence

   2. Substituted · 25 U.S.C. § 5321(a)(2)

      Pub. L. 103–413, § 102(6)(A)(i), (ii), (vi), substituted “Subject to the provisions of paragraph (4), the Secretary” for “The Secretary”

   3. Inserted · 25 U.S.C. § 5321(a)(2)

      Pub. L. 103–413, § 102(6)(A)(i), (ii), (vi), inserted “and award the contract” after “approve the proposal”

   4. Substituted · 25 U.S.C. § 5321(a)(2)

      Pub. L. 103–413, § 102(6)(A)(i), (ii), (vi), substituted “the Secretary provides written notification to the applicant that contains a specific finding that clearly demonstrates that, or that is supported by a controlling legal authority that” for “, within sixty days of receipt of the proposal, a specific finding is made that”

   5. Inserted · 25 U.S.C. § 5321(a)(2)

      Pub. L. 103–413, § 102(6)(A)(i), (ii), (vi), inserted concluding provisions

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 103–413, § 102(6)(A)(i), (ii), (vi), inserted “, or a proposal to amend or renew a self-determination contract,” before “to the Secretary for review” in first sentence and, in second sentence, substituted “Subject to the provisions of paragraph (4), the Secretary” for “The Secretary”, inserted “and award the contract” after “approve the proposal”, substituted “the Secretary provides written notification to the applicant that contains a specific finding that clearly demonstrates that, or that is supported by a controlling legal authority that” for “, within sixty days of receipt of the proposal, a specific finding is made that”, and inserted concluding provisions.

   Enacted provision · exact public law section
   (i) in the first sentence, by inserting “, or a proposal to amend or renew a self-determination contract,” before “to the Secretary for review”;

10. 1994

    Indian Self-Determination Contract Reform Act of 1994

    Pub. L. 103–413 § 102(6)(A)(iii) · 108 Stat. 4250

    Added · 25 U.S.C. § 5321(a)(2)(D); 25 U.S.C. § 5321(a)(2)(E)

    Pub. L. 103–413, § 102(6)(A)(iii)–(v), added subpars. (D) and (E)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(D), (E). Pub. L. 103–413, § 102(6)(A)(iii)–(v), added subpars. (D) and (E).

    Enacted provision · exact public law section
    (iii) in subparagraph (B), by striking “or” after the semicolon;

11. 1994

    Indian Self-Determination Contract Reform Act of 1994

    Pub. L. 103–413 § 102(6)(B) · 108 Stat. 4250

    Added · 25 U.S.C. § 5321(a)(4)

    Pub. L. 103–413, § 102(6)(B), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 103–413, § 102(6)(B), added par. (4).

    Enacted provision · exact public law section
    (B) by adding at the end the following new paragraph: “(4) The Secretary shall approve any severable portion of a contract proposal that does not support a declination finding described in paragraph (2). If the Secretary determines under such paragraph that a contract proposal— “(A) proposes in part to plan, conduct, or administer a program, function, service, or activity that is beyond the scope of programs covered under paragraph (1), or “(B) proposes a level of funding that is in excess of the applicable level determined under section 106(a), subject to any alteration in the scope of the proposal that the Secretary and the tribal organization agree to, the Secretary shall, as appropriate, approve such portion of the program, function, service, or activity as is authorized under paragraph (1) or approve a level of funding authorized under section 106(a). If a tribal organization elects to carry out a severable portion of a contract proposal pursuant to this paragraph, subsection (b) shall only apply to the portion of the contract that is declined by the Secretary pursuant to this subsection.”;

12. 1994

    Indian Self-Determination Contract Reform Act of 1994

    Pub. L. 103–413 § 102(7) · 108 Stat. 4250

    Inserted · 25 U.S.C. § 5321(b)(3)

    Pub. L. 103–413, § 102(7), inserted “with the right to engage in full discovery relevant to any issue raised in the matter” after “record” and “, except that the tribe or tribal organization may, in lieu of filing such appeal, exercise the option to initiate an action in a Federal district court and proceed directly to such court pursuant to section 5331(a) of this title” before period at end

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 103–413, § 102(7), inserted “with the right to engage in full discovery relevant to any issue raised in the matter” after “record” and “, except that the tribe or tribal organization may, in lieu of filing such appeal, exercise the option to initiate an action in a Federal district court and proceed directly to such court pursuant to section 5331(a) of this title” before period at end.

    Enacted provision · exact public law section
    (7) in section 102(b)(3)— (A) by inserting after “record” the following: “with the right to engage in full discovery relevant to any issue raised in the matter”; and (B) by inserting before the period the following: “,except that the tribe or tribal organization may, in lieu of filing such appeal, exercise the option to initiate an action in a Federal district court and proceed directly to such court pursuant to section 110(a)”;

13. 1994

    Indian Self-Determination Contract Reform Act of 1994

    Pub. L. 103–413 § 102(8) · 108 Stat. 4250

    Substituted · 25 U.S.C. § 5321(d)

    Pub. L. 103–413, § 102(8), substituted “as provided in section 2671 of title 28 and including an individual who provides health care services pursuant to a personal services contract with a tribal organization for the provision of services in any facility owned, operated, or constructed under the jurisdiction of the Indian Health Service)” for “as provided in section 2671 of title 28)”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 103–413, § 102(8), substituted “as provided in section 2671 of title 28 and including an individual who provides health care services pursuant to a personal services contract with a tribal organization for the provision of services in any facility owned, operated, or constructed under the jurisdiction of the Indian Health Service)” for “as provided in section 2671 of title 28)”.

    Enacted provision · exact public law section
    (8) in section 102(d), by striking “as provided in section 25 USC 450f. 2671 of title 28)” and inserting “as provided in section 2671 of title 28, United States Code, and including an individual who provides health care services pursuant to a personal services contract with a tribal organization for the provision of services in any facility owned, operated, or constructed under the jurisdiction of the Indian Health Service)”;

14. 1994

    Indian Self-Determination Contract Reform Act of 1994

    Pub. L. 103–413 § 102(9) · 108 Stat. 4250

    Added · 25 U.S.C. § 5321(e)

    Pub. L. 103–413, § 102(9), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–413, § 102(9), added subsec. (e).

    Enacted provision · exact public law section
    (9) by adding at the end of section 102 the following new subsection: “(e) (1) With respect to any hearing or appeal conducted pursuant to subsection (b)(3), the Secretary shall have the burden of proof to establish by clearly demonstrating the validity of the grounds for declining the contract proposal (or portion thereof). “(2) Notwithstanding any other provision of law, a decision by an official of the Department of the Interior or the Department of Health and Human Services, as appropriate (referred to in this paragraph as the ‘Department’) that constitutes final agency action and that relates to an appeal within the Department that is conducted under subsection (b)(3) shall be made either— “(A) by an official of the Department who holds a position at a higher organizational level within the Department than the level of the departmental agency (such as the Indian Health Service or the Bureau of Indian Affairs) in which the decision that is the subject of the appeal was made; or “(B) by an administrative judge.”;

15. 2000

    Tribal Self-Governance Amendments of 2000

    Pub. L. 106–260 § 6 · 114 Stat. 711

    Inserted · 25 U.S.C. § 5321(e)(1)

    Pub. L. 106–260 inserted “or any civil action conducted pursuant to section 5331(a) of this title” after “subsection (b)(3) of this section”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 106–260 inserted “or any civil action conducted pursuant to section 5331(a) of this title” after “subsection (b)(3) of this section”.

    Enacted provision · exact public law section
    SEC. 6. AMENDMENTS CLARIFYING CIVIL PROCEEDINGS. Section 102(e)(1) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450f(e)( 1)) is amended by inserting after “subsection (b)(3)” the following: “or any civil action conducted pursuant to section 110(a)”.

16. 2020

    Practical Reforms and Other Goals To Reinforce the Effectiveness of Self-Governance and Self-Determination for Indian Tribes Act of 2019

    Pub. L. 116–180 § 202(1) · 134 Stat. 857

    Substituted · 25 U.S.C. § 5321(c)(2)

    Pub. L. 116–180, § 202(1), substituted “economic enterprises (as defined in section 1452 of this title), except that” for “economic enterprises as defined in section 1452 of this title, except that”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 116–180, § 202(1), substituted “economic enterprises (as defined in section 1452 of this title), except that” for “economic enterprises as defined in section 1452 of this title, except that”.

    Enacted provision · exact public law section
    (1) in subsection (c)(2), by striking “economic enterprises” and all that follows through “except that” and inserting “economic enterprises (as defined in section 3 of the Indian Financing Act of 1974 (25 U.S.C. 1452)), except that”; and

17. 2020

    Practical Reforms and Other Goals To Reinforce the Effectiveness of Self-Governance and Self-Determination for Indian Tribes Act of 2019

    Pub. L. 116–180 § 202(2) · 134 Stat. 857

    Added · 25 U.S.C. § 5321(f); 25 U.S.C. § 5321(g)

    Pub. L. 116–180, § 202(2), added subsecs. (f) and (g)

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 116–180, § 202(2), added subsecs. (f) and (g).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(f) Good Faith Requirement.— In the negotiation of contracts and funding agreements, the Secretary shall— “(1) at all times negotiate in good faith to maximize implementation of the self-determination policy; and “(2) carry out this Act in a manner that maximizes the policy of Tribal self-determination, in a manner consistent with— “(A) the purposes specified in section 3; and “(B) the PROGRESS for Indian Tribes Act. “(g) Rule of Construction.— Subject to section 101(a) of the PROGRESS for Indian Tribes Act, each provision of this Act and each provision of a contract or funding agreement shall be liberally construed for the benefit of the Indian Tribe participating in self-determination, and any ambiguity shall be resolved in favor of the Indian Tribe.” .

21 of 22 references resolved to an enrolled provision · 1 partial