§ 5322. Grants to tribal organizations or tribes

Footnotes

1. 1 So in original. Probably should be followed by “the”.
2. 2 See References in Text note below.

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 § 103 · 88 Stat. 2204

   Enacted · 25 U.S.C. § 5322

   Pub. L. 93–638, title I, § 103, formerly § 104, Jan. 4, 1975, 88 Stat. 2207

   Source evidence

   Code source credit
   Pub. L. 93–638, title I, § 103, formerly § 104, Jan. 4, 1975, 88 Stat. 2207

   Enacted provision · exact public law section
   Sec. 103. contracts by the secretary of health, education, and welfare (a) The Secretary of Health, Education, and Welfare is 25 USC 450g. directed, upon the request of any Indian tribe, to enter into a contract or contracts with any tribal organization of any such Indian tribe to carry out any or all of his functions, authorities, and responsibilities under the Act of August 5, 1954 (68 Stat. 674), as amended: Provided, however, 42 USC 2001. 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 for 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 the Secretary of Health, Education, and Welfare, in arriving at his finding, 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 of Health, Education, and Welfare 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 Hearing. as he shall promulgate, and the opportunity for appeal on the objections raised. (c) The Secretary of Health, Education, and Welfare is authorized Liability insurance. 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. 1988

   Pub. L. 100–472 § 202(b) · 102 Stat. 2285

   1. Inserted · 25 U.S.C. § 5322(a)

      Pub. L. 100–472, § 202(b), inserted “or” at end of par. (2)

   2. Substituted · 25 U.S.C. § 5322(a)

      Pub. L. 100–472, § 202(b), substituted a period for “; or” at end of par. (3)

   3. Struck · 25 U.S.C. § 5322(a)

      Pub. L. 100–472, § 202(b), struck out par. (4) which read as follows: “the planning, designing, monitoring, and evaluating of Federal programs serving the tribe.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–472, § 202(b), inserted “or” at end of par. (2), substituted a period for “; or” at end of par. (3), and struck out par. (4) which read as follows: “the planning, designing, monitoring, and evaluating of Federal programs serving the tribe.”

   Enacted provision · exact public law section
   (b) by inserting the word “or” at the end of paragraph (2) of subsection (a) of such section, striking the semicolon and the word “or” at the end of paragraph (3) of such subsection and inserting, in lieu thereof, a period, and by striking all of para-graph (4);

3. 1988

   Pub. L. 100–472 § 202(c) · 102 Stat. 2285

   Substituted · 25 U.S.C. § 5322(b)

   Pub. L. 100–472, § 202(c), substituted “Health and Human Services” for “Health, Education, and Welfare”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–472, § 202(c), substituted “Health and Human Services” for “Health, Education, and Welfare”.

   Enacted provision · exact public law section
   (c) by striking the phrase “Health, Education, and Welfare” in subsection (b) of such section and inserting, in lieu thereof, the phrase “Health and Human Services”; and

4. 1988

   Pub. L. 100–472 § 202(d) · 102 Stat. 2285

   Added · 25 U.S.C. § 5322(d); 25 U.S.C. § 5322(e)

   Pub. L. 100–472, § 202(d), added subsecs. (d) and (e)

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 100–472, § 202(d), added subsecs. (d) and (e).

   Enacted provision · exact public law section
   (d) by adding the following new subsections (d) and (e) at the end thereof: “(d) The Secretary is directed, upon the request of any tribal oiganization and subject to the availability of appropriations, to provide technical assistance on a nonreimbursable basis to such tribal organization— (1) to develop any new Self-Determination contract authorized pursuant to this Act; (2) to provide for the assumption by such tribal organization of any program, or portion thereof, provided for in section 102(a)(1) of this Act; or (3) to develop modifications to any proposal for a self-determination contract which the Secretary has declined to approve pursuant to section 102 of the Act. “(e) The Secretary is authorized, upon the request of an Indian tribe, to make a grant to any tribal organization for— (1) obtaining technical assistance from providers designated by the tribal organization, including tribal organizations that operate mature contracts, for the purposes of program planning and evaluation, including the development of any management systems necessary for contract management, and the development of cost allocation plans for indirect cost rates; and (2) the planning, designing, monitoring, and evaluating of Federal programs serving the tribe, including Federal administrative functions.”.

5. 1990

   Indian Arts and Crafts Act of 1990

   Pub. L. 101–644 title II § 203(g)(1) · 104 Stat. 4662

   Substituted · 25 U.S.C. § 5322(a)(3)

   Pub. L. 101–644, which directed the substitution of “Indian country (as defined in chapter 53 of title 18)” for “reservation boundaries” in “section 301(a)(3) of the Indian Self-Determination Act”, was executed to this section, which is section 103(a)(3) of that Act, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 101–644, which directed the substitution of “Indian country (as defined in chapter 53 of title 18)” for “reservation boundaries” in “section 301(a)(3) of the Indian Self-Determination Act”, was executed to this section, which is section 103(a)(3) of that Act, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (1) In section 301(a)(3) of the Indian Self-Determination Act (25 U.S.C. 450h(a)(3)), delete “reservation boundaries” and insert in lieu thereof “Indian country (as defined in chapter 53 of title 18, United States Code)”.

7 of 7 references resolved to an enrolled provision