§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.

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 [sections 452 to 457 of this title], the Secretary shall enter into contracts only for the provision of supplementary educational services for Indian children".

Act Referred to in Other Sections

The Johnson-O'Malley Act is referred to in sections 13–1, 13e, 292b, 304a, 450d, 450e, 450f, 458d, 458cc, 458aaa–4, 2010, 2432 of this title; title 20 sections 2302, 7816; title 43 section 1620.

Section Referred to in Other Sections

This section is referred to in sections 453, 454, 456 of this title.