U.S. Code » Title 25 » Chapter CHAPTER 46— INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE

25 U.S.C. § 5302

Congressional declaration of policy

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(a) Recognition of obligation of United States

The Congress hereby recognizes the obligation of the United States to respond to the strong expression of the Indian people for self-determination by assuring maximum Indian participation in the direction of educational as well as other Federal services to Indian communities so as to render such services more responsive to the needs and desires of those communities.

(b) Declaration of commitment

The Congress declares its commitment to the maintenance of the Federal Government’s unique and continuing relationship with, and responsibility to, individual Indian tribes and to the Indian people as a whole through the establishment of a meaningful Indian self-determination policy which will permit an orderly transition from the Federal domination of programs for, and services to, Indians to effective and meaningful participation by the Indian people in the planning, conduct, and administration of those programs and services. In accordance with this policy, the United States is committed to supporting and assisting Indian tribes in the development of strong and stable tribal governments, capable of administering quality programs and developing the economies of their respective communities.

(c) Declaration of national goal

The Congress declares that a major national goal of the United States is to provide the quantity and quality of educational services and opportunities which will permit Indian children to compete and excel in the life areas of their choice, and to achieve the measure of self-determination essential to their social and economic well-being.

(Pub. L. 93–638, § 3, Jan. 4, 1975, 88 Stat. 2203; Pub. L. 100–472, title I, § 102, Oct. 5, 1988, 102 Stat. 2285.)Editorial NotesCodification

Section was formerly classified to section 450a of this title prior to editorial reclassification and renumbering as this section.

Amendments

1988—Subsec. (b). Pub. L. 100–472 added subsec. (b) and struck out former subsec. (b) which read as follows: “The Congress declares its commitment to the maintenance of the Federal Government’s unique and continuing relationship with and responsibility to the Indian people through the establishment of a meaningful Indian self-determination policy which will permit an orderly transition from Federal domination of programs for and services to Indians to effective and meaningful participation by the Indian people in the planning, conduct, and administration of those programs and services.”

Notes of Decisions
Cited in 29 cases (16 in the last 5 years), 2018–2026 · leading case: Southcentral Found. v. Anthc, 983 F.3d 411 (9th Cir. 2020).
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Southcentral Found. v. Anthc, 983 F.3d 411 (9th Cir. 2020). “25 U.S.C. § 5302 ; cf. Lapidus v. Hecht, 232 F.”
Seminole Tribe of Fla. v. Azar, 376 F. Supp. 3d 100 (D.C. Cir. 2019). “2203 , 2203-04 (1975); see also 25 U.S.C. § 5302 (a). The Act gives tribes the option of entering into "self-determination contracts" with the Secretary of HHS and the Secretary of Interior, under which the tribes become authorized to provide services to their members that…”
Yvonne Ito v. Copper River Native Ass'n, 547 P.3d 1003 (Alaska 2024). “136 Formation under tribal law may weigh in favor of immunity, whereas formation under state law may weigh against immunity.”
Cook Inlet Tribal Council v. Mandregan, 348 F. Supp. 3d 1 (D.C. Cir. 2018). “The Indian Self-Determination and Education Assistance Act Congress enacted the ISDEAA in 1975 to codify the federal government's "obligation" to "respond to the strong expression of the Indian people for self-determination" *7 and to achieve "maximum Indian participation in the…”
N. Arapaho Tribe v. Becerra, 61 F.4th 810 (10th Cir. 2023). “182 , 185–86 (2012) (quoting 25 U.S.C. § 5302 (a)). To that end, the statute directs the secretary of the relevant federal program—in this case, the Secretary of the Department of Health and Human Services—upon any tribe’s request, “to enter into a self-determination contract .”
Stathis v. Marty Indian Sch., 930 N.W.2d 653 (S.D. 2019). · cites it 2× “Pertinent here are the Self-Determination Act, 25 U.S.C. § 5302 (2012), and the Tribally Controlled Schools Act, 25 U.”
Anderson v. Par., 2026 OK 36 (Okla. 2026). · cites it 2× “25 U.S.C. § 5302 (b). Additionally, the Oklahoma Indian Welfare Act recognized the Tribe's right to adopt a constitution and bylaws.”
United States v. Cleveland, 356 F. Supp. 3d 1215 (D.N.M. 2018). · cites it 3× “I07-324, at 2 (2002)(stating that the ISDA allows "Indian Tribes to 'step into the shoes' of the United States") ). The United States explains that, in 1921, before the ISDA, the Snyder Act, 25 U.”
United Indian Health etc. v. Workers' Comp. Appeals Bd. CA1/5 (Cal. Ct. App. 2025). · cites it 3× “” ( 25 U.S.C. § 5302 (a); see also 25 U.S.C. § 5301 (a)(1).”
United Indian Health etc. v. Workers' Comp. Appeals Bd. (Cal. Ct. App. 2025). · cites it 3× “” ( 25 U.S.C. § 5302 (a); see also 25 U.S.C. § 5301 (a)(1).”
Saginaw Chippewa Indian Tribe of Michigan v. Blue Cross Blue Shield of Michigan (E.D. Mich. 2020). · cites it 2× “” 25 U.S.C.A. § 5302 (a). It committed to the “orderly transition from the Federal domination of programs for, and services to, Indians to effective and meaningful participation by the Indian people in the planning, conduct, and administration of those programs and services.”
Saginaw Chippewa Indian Tribe of Michigan v. Blue Cross Blue Shield of Michigan (E.D. Mich. 2021). · cites it 2× “” 25 U.S.C.A. § 5302 (a). It committed to the “orderly transition from the Federal domination of programs for, and services to, Indians to effective and meaningful participation by the Indian people in the planning, conduct, and administration of those programs and services.”
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— 25 U.S.C. § 5302(b) — 1 case
Anderson v. Par., 2026 OK 36 (Okla. 2026). “25 U.S.C. § 5302 (b). Additionally, the Oklahoma Indian Welfare Act recognized the Tribe's right to adopt a constitution and bylaws.”
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