§ 5324. Contract or grant provisions and administration

Footnotes

1. 1 So in original. Probably should be “provisions”.
2. 2 See References in Text note below.
3. 3 So in original. The heading of par. (1) was probably meant for subsec. (q), the heading of which was editorially supplied.

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 § 105 · 88 Stat. 2204

   Enacted · 25 U.S.C. § 5324

   Pub. L. 93–638, title I, § 105, formerly § 106, Jan. 4, 1975, 88 Stat. 2210

   Source evidence

   Code source credit
   Pub. L. 93–638, title I, § 105, formerly § 106, Jan. 4, 1975, 88 Stat. 2210

   Enacted provision · exact public law section
   Sec. 105. personnel (a) Section 3371(2) of chapter 33 of title 5, United States Code, is amended (1) by deleting the word “and” immediately after the semicolon in clause (A); (2) by deleting the period at the end of clause (B) and inserting in lieu thereof a semicolon and the word “and”; and (3) by adding at the end thereof the following new clause: “(C) any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village as defined in the Alaska Native Claims Settlement Act (85 Stat. 688), which 43 USC 1601 note. is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians and includes any tribal organization as defined in section 4(c) of the Indian Self-Determination and Education Assistance Act.” (b) The Act of August 5, 1954 (68 Stat. 674), as amended, is further amended by adding a new section 8 after section 7 of the Act, 42 USC 2004a. as follows: “Sec. 8. In accordance with subsection (d) of section 214 of the 42 USC 2004b. 42 USC 215. Public Health Service Act (58 Stat. 690), as amended, upon the request of any Indian tribe, band, group, or community, commissioned officers of the Service may be assigned by the Secretary for the purpose of assisting such Indian tribe, group, band, or community in carrying out the provisions of contracts with, or grants to, tribal organizations pursuant to section 102, 103, or 104 of the Indian Self-Determination and Education Assistance Act”. (c) Paragraph (2) of subsection (a) of section 6 of the Military 50 USC app. 456. Selective Service Act of 1967 (81 Stat. 100), as amended, is amended by inserting after the words “Environmental Science Services Administration” the words “or who are assigned to assist Indian tribes, groups, bands, or communities pursuant to the Act of August 5, 1954 (68 Stat. 674), as amended”. (d) Section 502 of the Intergovernmental Personnel Act of 1970 (84 42 USC 4762. Stat. 1909, 1925) is amended— (1) by deleting the word “and” after paragraph (3); (2) by deleting the period after paragraph (4) and inserting in lieu thereof a semicolon and the word “and”; and (3) by adding at the end thereof the following new paragraph: “(5) Notwithstanding the population requirements of section 203(a) and 303(c) of this Act, a ‘local government’ and a ‘general 42 USC 4723, 4743. local government’ also mean the recognized governing body of an Indian tribe, band, pueblo, or other organized group or com-munity, including any Alaska Native village, as defined in the Alaska Native Claims Settlement Act (85 Stat. 688), which performs 42 USC 1601 note. 42 USC 4723, 4743. substantial governmental functions. The requirements of sections 203(c) and 303(d) of this Act, relating to reviews by the Governor of a State, do not apply to grant applications from the governing body of an Indian tribe, although nothing in this Act is intended to discourage or prohibit voluntary communication and cooperation between Indian tribes and State and local governments.” (e) Notwithstanding any other law, executive order, or administrative Certain tribal organization employees, coverage, rights, and benefits. 25 USC 450i. regulation, an employee serving under an appointment not limited to one year or less who leaves Federal employment to be employed by a tribal organization on or before December 31, 1985, in connection with governmental or other activities which are or have been performed by employees in or for Indian communities is entitled, if the employee and the tribal organization so elect, to the following: (1) To retain coverage, rights, and benefits under subchapter I Work injuries, compensation. 5 USC 8101. of chapter 81 (“Compensation for Work Injuries”) of title 5, United States Code, and for this purpose his employment with the tribal organization shall be deemed employment by the United States. However, if an injured employee, or his dependents in case of his death, receives from the tribal organization any payment (including an allowance, gratuity, payment under an insurance policy for which the premium is wholly paid by the tribal organization, or other benefit of any kind) on account of the same injury or death, the amount of that payment shall be credited against any benefit payable under subchapter I of chapter 81 of title 5, United States Code, as follows: (A) payments on account of injury or disability shall be credited against disability compensation payable to the injured employee; and (B) payments on account of death shall be credited against death compensation payable to dependents of the deceased employee. (2) To retain coverage, rights, and benefits under chapter 83 Retirement. 5 USC 8301. (“Retirement”) of title 5, United States Code, if necessary employee deductions and agency contributions in payment for coverage, rights, and benefits for the period of employment with the tribal organization are currently deposited in the Civil Service Retirement and Disability Fund (section 8348 of title 5, United States Code); and the period during which coverage, rights, and benefits are retained under this paragraph is deemed creditable service under section 8332 of title 5, United States Code. Days of unused sick leave to the credit of an employee under a formal leave system at the time the employee leaves Federal employment to be employed by a tribal organization remain to his credit for retirement purposes during covered service with the tribal organization. (3) To retain coverage, rights, and benefits under chapter 89 Health insurance. 5 USC 8901. (“Health Insurance”) of title 5, United States Code, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the tribal organization are currently deposited in the Employee’s Health Benefit Fund (section 8909 of title 5, United States Code); and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as an employee under chapter 89 of title 5, United States Code. (4) To retain coverage, rights, and benefits under chapter 87 Life insurance. 5 USC 8701. (“Life Insurance”) of title 5, United States Code, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the tribal organizations are currently deposited in the Employee”s Life Insurance Fund (section 8714 of title 5, United States Code); and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as an employee under chapter 87 of title 5, United States Code. 5 USC 8701. (f) During the period an employee is entitled to the coverage, rights, and benefits pursuant to the preceding subsection, the tribal organization employing such employee shall deposit currently in the appropriate funds the employee deductions and agency contributions required by paragraphs (2), (3), and (4) of such preceding subsection. (g) An employee who is employed by a tribal organization under subsection (e) of this section and such tribal organization shall make the election to retain the coverages, rights, and benefits in paragraphs (1), (2), (3), and (4) of such subsection (e) before the date of his employment by a tribal organization. An employee who is employed by a tribal organization under subsection (e) of this section shall continue to be entitled to the benefits of such subsection if he is employed by another tribal organization to perform service in activities of the type described in such subsection. (h) For the purposes of subsections (e), (f), and (g) of this section, “Employee.” the term “employee” means an employee as defined in section 2105 of title 5, United States Code. (i) The President may prescribe regulations necessary to carry out Regulations. the provisions of subsections (e), (f), (g), and (h) of this section and to protect and assure the compensation, retirement, insurance, leave, reemployment rights, and such other similar civil service employment rights as he finds appropriate. (j) Anything in sections 205 and 207 of title 18, United States Code to the contrary notwithstanding, officers and employees of the United States assigned to an Indian tribe as authorized under section 3372 of title 5, United States Code, or section 2072 of the Revised Statutes (25 U.S.C. 48) and former officers and employees of the United States employed by Indian tribes may act as agents or attorneys for or appear on behalf of such tribes in connection with any matter pending before any department, agency, court, or commission, including any matter in which the United States is a party or has a direct and substantial interest: Provided, That each such officer or employee or former officer or employee must advise in writing the head of the department, agency, court, or commission with which he is dealing or appearing on behalf of the tribe of any personal and substantial involvement he may have had as an officer or employee of the United States in connection with the matter involved.

2. 1988

   Pub. L. 100–472 § 204(b) · 102 Stat. 2285

   1. Substituted · 25 U.S.C. § 5324(a)

      Pub. L. 100–472, § 204(b), (c), substituted reference to section 5321 of this title for reference to section 5321 of this title and former section 103 of Pub. L. 93–638

   2. Inserted · 25 U.S.C. § 5324(a)

      Pub. L. 100–472, § 204(b), (c), inserted proviso relating to nonapplication of Office of Federal Procurement Policy Act to self-determination contracts. See Prior Provisions note set out under section 5322 of this title

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–472, § 204(b), (c), substituted reference to section 5321 of this title for reference to section 5321 of this title and former section 103 of Pub. L. 93–638 and inserted proviso relating to nonapplication of Office of Federal Procurement Policy Act to self-determination contracts. See Prior Provisions note set out under section 5322 of this title.

   Enacted provision · exact public law section
   (b) by striking the phrase “sections 102 and 103” in subsection (a) of such section and inserting, in lieu thereof, the phrase “section 102”;

3. 1988

   Pub. L. 100–472 § 204(d) · 102 Stat. 2285

   Substituted · 25 U.S.C. § 5324(b)

   Pub. L. 100–472, § 204(d), which directed the amendment of subsec. (b) by substituting reference to sections 5321 and 5322 of this title for text in original Act reading “sections 102, 103, and 104”, could not be executed because text enacted by Pub. L. 93–638 read “section 102, 103, or 104”. Intended amendment was reenacted by Pub. L. 116–180, § 203(1), see 2020 Amendment note above

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–472, § 204(d), which directed the amendment of subsec. (b) by substituting reference to sections 5321 and 5322 of this title for text in original Act reading “sections 102, 103, and 104”, could not be executed because text enacted by Pub. L. 93–638 read “section 102, 103, or 104”. Intended amendment was reenacted by Pub. L. 116–180, § 203(1), see 2020 Amendment note above.

   Enacted provision · exact public law section
   (d) by striking the phrase “sections 102, 103, and 104” in subsection (b) of such section and inserting, in lieu thereof, the phrase “sections 102 and 103”;

4. 1988

   Pub. L. 100–472 § 204(e) · 102 Stat. 2285

   1. Added · 25 U.S.C. § 5324(c)

      Pub. L. 100–472, § 204(e), added subsec. (c)

   2. Struck · 25 U.S.C. § 5324(c)

      Pub. L. 100–472, § 204(e), struck out former subsec. (c) which related to limitation on term of any contract requested by a tribe pursuant to section 5321 of this title and former section 103 of Pub. L. 93–638 and annual renegotiation of amounts. See Prior Provisions note set out under section 5322 of this title

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–472, § 204(e), added subsec. (c) and struck out former subsec. (c) which related to limitation on term of any contract requested by a tribe pursuant to section 5321 of this title and former section 103 of Pub. L. 93–638 and annual renegotiation of amounts. See Prior Provisions note set out under section 5322 of this title.

   Enacted provision · exact public law section
   (e) by striking subsections (c), (d), and (e) of such section and inserting, in lieu thereof, the following: “(c) (1) A Self-Determination contract shall be— “(A) for a term not to exceed three years in the case of other than a mature contract, unless the appropriate Secretary and the tribe agree that a longer term would be advisable, and “(B) for an indefinite term in the case of a mature contract. The amounts of such contracts shall be subject to the availability of appropriations. –(2) The amounts of such contracts may be renegotiated annually to reflect changed circumstances and factors, including, but not limited to, cost increases beyond the control of the tribal organization. “(d) (1) No later than fiscal year 1990, the Secretary shall begin using the calendar year as the basis for contracts and agreements under this Act except for instances where the Secretary and the Indian tribe or tribal organization agree on a different period. “(2) The Secretary shall submit a report to the Congress within Reports. ninety days of enactment of the Indian Self-Determination and Education Assistance Act Amendments of 1988 on the amounts of any additional obligational authority needed to implement this subsection in fiscal year 1989. “(e) Whenever an Indian tribe requests retrocession of the appropriate Effective date. Secretary for any contract entered into pursuant to this Act, such retrocession shall become effective one year from the date of the request by the Indian tribe or at such date as may be mutually agreed by the Secretary and the Indian tribe. “(f) In connection with any Self-Determination contract or grant made pursuant to section 102 or 103 of this Act, the appropriate Secretary may— “(1) permit an Indian tribe or tribal organization in carrying out such contract or grant, to utilize existing school buildings, hospitals, and other facilities and all equipment therein or appertaining thereto and other personal property owned by the Government within the Secretary’s jurisdiction under such terms and conditions as may be agreed upon for their use and maintenance; “(2) donate to an Indian tribe or tribal organization the title to any personal property found to be excess to the needs of the Bureau of Indian Affairs, the Indian Health Service, or the General Services Administration, including property and equipment purchased with funds under any Self-Determination con-tract or grant agreement; and “(3) acquire excess or surplus Government personal property for donation to an Indian tribe or tribal organization if the Secretary determines the property is appropriate for use by the tribe or tribal organization for a purpose for which a Self-Determination contract or grant agreement is authorized under this Act.”;

5. 1988

   Pub. L. 100–472 § 204(e) · 102 Stat. 2285

   1. Added · 25 U.S.C. § 5324(d)

      Pub. L. 100–472, § 204(e), added subsec. (d)

   2. Struck · 25 U.S.C. § 5324(d)

      Pub. L. 100–472, § 204(e), struck out former subsec. (d) which related to revision or amendment of contracts or grants at request or with consent of tribal organization and effective date for retrocession of contracts

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 100–472, § 204(e), added subsec. (d) and struck out former subsec. (d) which related to revision or amendment of contracts or grants at request or with consent of tribal organization and effective date for retrocession of contracts.

   Enacted provision · exact public law section
   (e) by striking subsections (c), (d), and (e) of such section and inserting, in lieu thereof, the following: “(c) (1) A Self-Determination contract shall be— “(A) for a term not to exceed three years in the case of other than a mature contract, unless the appropriate Secretary and the tribe agree that a longer term would be advisable, and “(B) for an indefinite term in the case of a mature contract. The amounts of such contracts shall be subject to the availability of appropriations. –(2) The amounts of such contracts may be renegotiated annually to reflect changed circumstances and factors, including, but not limited to, cost increases beyond the control of the tribal organization. “(d) (1) No later than fiscal year 1990, the Secretary shall begin using the calendar year as the basis for contracts and agreements under this Act except for instances where the Secretary and the Indian tribe or tribal organization agree on a different period. “(2) The Secretary shall submit a report to the Congress within Reports. ninety days of enactment of the Indian Self-Determination and Education Assistance Act Amendments of 1988 on the amounts of any additional obligational authority needed to implement this subsection in fiscal year 1989. “(e) Whenever an Indian tribe requests retrocession of the appropriate Effective date. Secretary for any contract entered into pursuant to this Act, such retrocession shall become effective one year from the date of the request by the Indian tribe or at such date as may be mutually agreed by the Secretary and the Indian tribe. “(f) In connection with any Self-Determination contract or grant made pursuant to section 102 or 103 of this Act, the appropriate Secretary may— “(1) permit an Indian tribe or tribal organization in carrying out such contract or grant, to utilize existing school buildings, hospitals, and other facilities and all equipment therein or appertaining thereto and other personal property owned by the Government within the Secretary’s jurisdiction under such terms and conditions as may be agreed upon for their use and maintenance; “(2) donate to an Indian tribe or tribal organization the title to any personal property found to be excess to the needs of the Bureau of Indian Affairs, the Indian Health Service, or the General Services Administration, including property and equipment purchased with funds under any Self-Determination con-tract or grant agreement; and “(3) acquire excess or surplus Government personal property for donation to an Indian tribe or tribal organization if the Secretary determines the property is appropriate for use by the tribe or tribal organization for a purpose for which a Self-Determination contract or grant agreement is authorized under this Act.”;

6. 1988

   Pub. L. 100–472 § 204(e) · 102 Stat. 2285

   1. Added · 25 U.S.C. § 5324(e)

      Pub. L. 100–472, § 204(e), added subsec. (e)

   2. Struck · 25 U.S.C. § 5324(e)

      Pub. L. 100–472, § 204(e), struck out former subsec. (e) which authorized the Secretary to permit tribal organizations to use existing school buildings, hospitals, and other facilities and equipment therein in carrying out grants or contracts

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 100–472, § 204(e), added subsec. (e) and struck out former subsec. (e) which authorized the Secretary to permit tribal organizations to use existing school buildings, hospitals, and other facilities and equipment therein in carrying out grants or contracts.

   Enacted provision · exact public law section
   (e) by striking subsections (c), (d), and (e) of such section and inserting, in lieu thereof, the following: “(c) (1) A Self-Determination contract shall be— “(A) for a term not to exceed three years in the case of other than a mature contract, unless the appropriate Secretary and the tribe agree that a longer term would be advisable, and “(B) for an indefinite term in the case of a mature contract. The amounts of such contracts shall be subject to the availability of appropriations. –(2) The amounts of such contracts may be renegotiated annually to reflect changed circumstances and factors, including, but not limited to, cost increases beyond the control of the tribal organization. “(d) (1) No later than fiscal year 1990, the Secretary shall begin using the calendar year as the basis for contracts and agreements under this Act except for instances where the Secretary and the Indian tribe or tribal organization agree on a different period. “(2) The Secretary shall submit a report to the Congress within Reports. ninety days of enactment of the Indian Self-Determination and Education Assistance Act Amendments of 1988 on the amounts of any additional obligational authority needed to implement this subsection in fiscal year 1989. “(e) Whenever an Indian tribe requests retrocession of the appropriate Effective date. Secretary for any contract entered into pursuant to this Act, such retrocession shall become effective one year from the date of the request by the Indian tribe or at such date as may be mutually agreed by the Secretary and the Indian tribe. “(f) In connection with any Self-Determination contract or grant made pursuant to section 102 or 103 of this Act, the appropriate Secretary may— “(1) permit an Indian tribe or tribal organization in carrying out such contract or grant, to utilize existing school buildings, hospitals, and other facilities and all equipment therein or appertaining thereto and other personal property owned by the Government within the Secretary’s jurisdiction under such terms and conditions as may be agreed upon for their use and maintenance; “(2) donate to an Indian tribe or tribal organization the title to any personal property found to be excess to the needs of the Bureau of Indian Affairs, the Indian Health Service, or the General Services Administration, including property and equipment purchased with funds under any Self-Determination con-tract or grant agreement; and “(3) acquire excess or surplus Government personal property for donation to an Indian tribe or tribal organization if the Secretary determines the property is appropriate for use by the tribe or tribal organization for a purpose for which a Self-Determination contract or grant agreement is authorized under this Act.”;

7. 1988

   Pub. L. 100–472 § 204(e) · 102 Stat. 2285

   Redesignated · 25 U.S.C. § 5324(f)

   Pub. L. 100–472, § 204(e), added subsec. (f). Former subsec. (f) redesignated (g)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 100–472, § 204(e), added subsec. (f). Former subsec. (f) redesignated (g).

   Enacted provision · exact public law section
   (e) by striking subsections (c), (d), and (e) of such section and inserting, in lieu thereof, the following: “(c) (1) A Self-Determination contract shall be— “(A) for a term not to exceed three years in the case of other than a mature contract, unless the appropriate Secretary and the tribe agree that a longer term would be advisable, and “(B) for an indefinite term in the case of a mature contract. The amounts of such contracts shall be subject to the availability of appropriations. –(2) The amounts of such contracts may be renegotiated annually to reflect changed circumstances and factors, including, but not limited to, cost increases beyond the control of the tribal organization. “(d) (1) No later than fiscal year 1990, the Secretary shall begin using the calendar year as the basis for contracts and agreements under this Act except for instances where the Secretary and the Indian tribe or tribal organization agree on a different period. “(2) The Secretary shall submit a report to the Congress within Reports. ninety days of enactment of the Indian Self-Determination and Education Assistance Act Amendments of 1988 on the amounts of any additional obligational authority needed to implement this subsection in fiscal year 1989. “(e) Whenever an Indian tribe requests retrocession of the appropriate Effective date. Secretary for any contract entered into pursuant to this Act, such retrocession shall become effective one year from the date of the request by the Indian tribe or at such date as may be mutually agreed by the Secretary and the Indian tribe. “(f) In connection with any Self-Determination contract or grant made pursuant to section 102 or 103 of this Act, the appropriate Secretary may— “(1) permit an Indian tribe or tribal organization in carrying out such contract or grant, to utilize existing school buildings, hospitals, and other facilities and all equipment therein or appertaining thereto and other personal property owned by the Government within the Secretary’s jurisdiction under such terms and conditions as may be agreed upon for their use and maintenance; “(2) donate to an Indian tribe or tribal organization the title to any personal property found to be excess to the needs of the Bureau of Indian Affairs, the Indian Health Service, or the General Services Administration, including property and equipment purchased with funds under any Self-Determination con-tract or grant agreement; and “(3) acquire excess or surplus Government personal property for donation to an Indian tribe or tribal organization if the Secretary determines the property is appropriate for use by the tribe or tribal organization for a purpose for which a Self-Determination contract or grant agreement is authorized under this Act.”;

8. 1988

   Pub. L. 100–472 § 204(f) · 102 Stat. 2285

   1. Redesignated · 25 U.S.C. § 5324(g)

      Pub. L. 100–472, § 204(f), redesignated former subsec. (f) as (g)

   2. Redesignated · 25 U.S.C. § 5324(g)

      Pub. L. 100–472, § 204(f), substituted reference to section 5321 of this title for reference to section 5321 of this title and former section 103 of Pub. L. 93–638. Former subsec. (g) redesignated (h). See Prior Provisions note set out under section 5322 of this title

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 100–472, § 204(f), redesignated former subsec. (f) as (g) and substituted reference to section 5321 of this title for reference to section 5321 of this title and former section 103 of Pub. L. 93–638. Former subsec. (g) redesignated (h). See Prior Provisions note set out under section 5322 of this title.

   Enacted provision · exact public law section
   (f) by redesignating subsection (f) of such section as subsection (g) and by striking the phrase “sections 102 and 103 of this Act and grants pursuant to section 104 of this Act” in such subsection and by inserting, in lieu thereof, the phrase “section 102 of this Act and grants pursuant to section 103 of this Act”;

9. 1988

   Pub. L. 100–472 § 204(g) · 102 Stat. 2285

   1. Redesignated · 25 U.S.C. § 5324(h)

      Pub. L. 100–472, § 204(g), (h), redesignated former subsec. (g) as (h)

   2. Substituted · 25 U.S.C. § 5324(h)

      Pub. L. 100–472, § 204(g), (h), substituted reference to sections 5321 and 5322 of this title for reference to section 5321 of this title, former section 103 of Pub. L. 93–638, and section 5322 of this title, and reference to Health and Human Services for reference to Health, Education, and Welfare. Former subsec. (h), which related to minimum amount of funds under terms of contracts, was struck out. See Prior Provisions note set out under section 5322 of this title

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 100–472, § 204(g), (h), redesignated former subsec. (g) as (h), substituted reference to sections 5321 and 5322 of this title for reference to section 5321 of this title, former section 103 of Pub. L. 93–638, and section 5322 of this title, and reference to Health and Human Services for reference to Health, Education, and Welfare. Former subsec. (h), which related to minimum amount of funds under terms of contracts, was struck out. See Prior Provisions note set out under section 5322 of this title.

   Enacted provision · exact public law section
   (g) by redesignating subsection (g) of such section as subsection (h); by striking the phrase “sections 102, 103, and 104” in such subsection and inserting, in lieu thereof, the phrase “sections 102 and 103”; and by striking the phrase “Health, Education, and Welfare” and inserting, in lieu thereof, the phrase “Health and Human Services”; and

10. 1990

    Pub. L. 101–301 § 2(a)(7) · 104 Stat. 206

    Substituted · 25 U.S.C. § 5324(a)

    Pub. L. 101–301 substituted “sub-contracts of such a construction contract” for “sub-contracts in such cases where the tribal contractor has sub-contracted the activity”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–301 substituted “sub-contracts of such a construction contract” for “sub-contracts in such cases where the tribal contractor has sub-contracted the activity”.

    Enacted provision · exact public law section
    (7) by striking out “sub-contracts in such cases where the tribal contractor has sub-contracted the activity”; in section 105(a) (25 U.S.C. 450j(a)) and inserting in lieu thereof “sub-contracts of such a construction contract”,

11. 1990

    Indian Arts and Crafts Act of 1990

    Pub. L. 101–644 § 203(c) · 104 Stat. 4662

    Amended · 25 U.S.C. § 5324(c)(1)(B)

    Pub. L. 101–644, § 203(c), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “for an indefinite term in the case of a mature contract.”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B). Pub. L. 101–644, § 203(c), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “for an indefinite term in the case of a mature contract.”

    Enacted provision · exact public law section
    (c) Section 105(c)(1)(B) of such Act (25 U.S.C. 450j(c)(1)(B)) is amended to read as follows: “(B) for a definite or an indefinite term, as requested by the tribe (or, to the extent not limited by tribal resolution, by the tribal organization), in the case of a mature contract.”.

12. 1990

    Indian Arts and Crafts Act of 1990

    Pub. L. 101–644 § 203(d) · 104 Stat. 4662

    Amended · 25 U.S.C. § 5324(d)

    Pub. L. 101–644, § 203(d), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows:

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–644, § 203(d), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows:

    “(1) No later than fiscal year 1990, the Secretary shall begin using the calendar year as the basis for contracts and agreements under this Act except for instances where the Secretary and the Indian tribe or tribal organization agree on a different period. “(2) The Secretary shall submit a report to the Congress within ninety days of October 5, 1988, on the amounts of any additional obligational authority needed to implement this subsection in fiscal year 1989.”

    Enacted provision · exact public law section
    (d) Section 105(d) of such Act (25 U.S.C. 450j(d)) is amended to read as follows: “(d) (1) Beginning in fiscal year 1990, upon the election of a tribal organization, the Secretary shall use the calendar year as the basis for any contracts or agreements under this Act, unless the Secretary and the Indian tribe or tribal organization agree on a different period. “(2) The Secretary shall, on or before April 1 of each year beginning in 1992, submit a report to the Congress on the amounts of any additional obligation authority needed to implement this subsection in the next following fiscal year.”.

13. 1990

    Indian Arts and Crafts Act of 1990

    Pub. L. 101–644 § 203(e) · 104 Stat. 4662

    Inserted · 25 U.S.C. § 5324(f)(2); 25 U.S.C. § 5324(f)(3)

    Pub. L. 101–644, § 203(e), inserted “or real” after “personal”

    Source evidence

    Code amendment note
    Subsec. (f)(2), (3). Pub. L. 101–644, § 203(e), inserted “or real” after “personal”.

    Enacted provision · exact public law section
    (e) In paragraphs (2) and (3) of section 105(0 of such Act (25 U.S.C. 450j(0 (2) and (3)), insert “or real” immediately after “personal” each place it appears in such paragraphs.

14. 1994

    Indian Self-Determination Contract Reform Act of 1994

    Pub. L. 103–413 § 102(10) · 108 Stat. 4250

    1. Added · 25 U.S.C. § 5324(a)

       Pub. L. 103–413, § 102(10), added subsec. (a)

    2. Struck · 25 U.S.C. § 5324(a)

       Pub. L. 103–413, § 102(10), struck out former subsec. (a) which read as follows: “Contracts with tribal organizations pursuant to section 5321 of this title shall be in accordance with all Federal contracting laws and regulations except that, in the discretion of the appropriate Secretary, such contracts may be negotiated without advertising and need not conform with the provisions of sections 270a to 270d of title 40: Provided, That the appropriate Secretary may waive any provisions of such contracting laws or regulations which he determines are not appropriate for the purposes of the contract involved or inconsistent with the provisions of this Act: Provided further, That, except for construction contracts (or sub-contracts of such a construction contract), the Office of Federal Procurement Policy Act (88 Stat. 796; 41 U.S.C. 401 et seq.) and Federal acquisition regulations promulgated thereunder shall not apply to self-determination contracts.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–413, § 102(10), added subsec. (a) and struck out former subsec. (a) which read as follows: “Contracts with tribal organizations pursuant to section 5321 of this title shall be in accordance with all Federal contracting laws and regulations except that, in the discretion of the appropriate Secretary, such contracts may be negotiated without advertising and need not conform with the provisions of sections 270a to 270d of title 40: Provided, That the appropriate Secretary may waive any provisions of such contracting laws or regulations which he determines are not appropriate for the purposes of the contract involved or inconsistent with the provisions of this Act: Provided further, That, except for construction contracts (or sub-contracts of such a construction contract), the Office of Federal Procurement Policy Act (88 Stat. 796; 41 U.S.C. 401 et seq.) and Federal acquisition regulations promulgated thereunder shall not apply to self-determination contracts.”

    Enacted provision · exact public law section
    (10) by striking subsection (a) of section 105 and inserting 25 USC 450j. the following new subsection: “(a) (1) Notwithstanding any other provision of law, subject to paragraph (3), the contracts and cooperative agreements entered into with tribal organizations pursuant to section 102 shall not be subject to Federal contracting or cooperative agreement laws (including any regulations), except to the extent that such laws expressly apply to Indian tribes. “(2) Program standards applicable to a nonconstruction self-determination contract shall be set forth in the contract proposal and the final contract of the tribe or tribal organization. “(3) (A) With respect to a construction contract (or a subcontract of such a construction contract), the provisions of the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) and the regulations relating to acquisitions promulgated under such Act shall apply only to the extent that the application of such provision to the construction contract (or subcontract) is— “(i) necessary to ensure that the contract may be carried out in a satisfactory manner; “(ii) directly related to the construction activity; and “(iii) not inconsistent with this Act. “(B) A list of the Federal requirements that meet the requirements of clauses (i) through (iii) of subparagraph (A) shall be included in an attachment to the contract pursuant to negotiations between the Secretary and the tribal organization. “(C) (i) Except as provided in subparagraph (B), no Federal law listed in clause (ii) or any other provision of Federal law (including an Executive order) relating to acquisition by the Federal Government shall apply to a construction contract that a tribe or tribal organization enters into under this Act, unless expressly provided in such law. “(ii) The laws listed in this paragraph are as follows: “(I) The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). “(II) Section 3709 of the Revised Statutes. “(III) Section 9(c) of the Act of Aug. 2, 1946 (60 Stat. 809, chapter 744). “(IV) Title III of the Federal Property and Administrative Services Act of 1949 (63 Stat. 393 et seq., chapter 288). “(V) Section 13 of the Act of Oct. 3, 1944 (58 Stat. 770; chapter 479) “(VI) Chapters 21, 25, 27, 29, and 31 of title 44, United States Code. “(VII) Section 2 of the Act of June 13, 1934 (48 Stat 948, chapter 483). “(VIII) Sections 1 through 12 of the Act of June 30, 1936 (49 Stat. 2036 et seq. chapter 881). “(IX) The Service Control Act of 1965 (41 U.S.C. 351 et seq.). “(X) The Small Business Act (15 U.S.C. 631 et seq.). “(XI) Executive Order Nos. 12138, 11246, 11701 and 11758.”;

15. 1994

    Indian Self-Determination Contract Reform Act of 1994

    Pub. L. 103–413 § 102(11) · 108 Stat. 4250

    1. Amended · 25 U.S.C. § 5324(e)

       Pub. L. 103–413, § 102(11), as amended by Pub. L. 104–109

    2. Added · 25 U.S.C. § 5324(e)

       Pub. L. 103–413, § 102(11), as added subsec. (e)

    3. Struck · 25 U.S.C. § 5324(e)

       Pub. L. 103–413, § 102(11), as struck out former subsec. (e) which read as follows: “Whenever an Indian tribe requests retrocession of the appropriate Secretary for any contract entered into pursuant to this Act, such retrocession shall become effective one year from the date of the request by the Indian tribe or at such date as may be mutually agreed by the Secretary and the Indian tribe.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–413, § 102(11), as amended by Pub. L. 104–109, added subsec. (e) and struck out former subsec. (e) which read as follows: “Whenever an Indian tribe requests retrocession of the appropriate Secretary for any contract entered into pursuant to this Act, such retrocession shall become effective one year from the date of the request by the Indian tribe or at such date as may be mutually agreed by the Secretary and the Indian tribe.”

    Enacted provision · exact public law section
    (11) by striking subsection (e) and inserting the following new subsection: “(e) If an Indian tribe, or a tribal organization authorized by a tribe, requests retrocession of the appropriate Secretary for any contract or portion of a contract entered into pursuant to this Act, unless the tribe or tribal organization rescinds the request for retrocession, such retrocession shall become effective on— “(1) the earlier of— “(A) the date that is 1 year after the date the Indian tribe or tribal organization submits such request; or “(B) the date on which the contract expires; or “(2) such date as may be mutually agreed by the Secretary and the Indian tribe.”;

16. 1994

    Indian Self-Determination Contract Reform Act of 1994

    Pub. L. 103–413 § 102(12) · 108 Stat. 4250

    1. Added · 25 U.S.C. § 5324(f)(2)

       Pub. L. 103–413, § 102(12), added par. (2)

    2. Struck · 25 U.S.C. § 5324(f)(2)

       Pub. L. 103–413, § 102(12), struck out former par. (2) which read as follows: “donate to an Indian tribe or tribal organization the title to any personal or real property found to be excess to the needs of the Bureau of Indian Affairs, the Indian Health Service, or the General Services Administration, including property and equipment purchased with funds under any self-determination contract or grant agreement; and”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 103–413, § 102(12), added par. (2) and struck out former par. (2) which read as follows: “donate to an Indian tribe or tribal organization the title to any personal or real property found to be excess to the needs of the Bureau of Indian Affairs, the Indian Health Service, or the General Services Administration, including property and equipment purchased with funds under any self-determination contract or grant agreement; and”.

    Enacted provision · exact public law section
    (12) by striking paragraph (2) of section 105(f) and inserting the following new paragraph: “(2) donate to an Indian tribe or tribal organization title to any personal or real property found to be excess to the needs of the Bureau of Indian Affairs, the Indian Health Service, or the General Services Administration, except that— “(A) subject to the provisions of subparagraph (B), title to property and equipment furnished by the Federal Government for use in the performance of the contract or purchased with funds under any self-determination con-tract or grant agreement shall, unless otherwise requested by the tribe or tribal organization, vest in the appropriate tribe or tribal organization; “(B) if property described in subparagraph (A) has a value in excess of $5,000 at the time of the retrocession, rescission, or termination of the self-determination contract or grant agreement, at the option of the Secretary, upon the retrocession, rescission, or termination, title to such property and equipment shall revert to the Department of the Interior or the Department of Health and Human Services, as appropriate; and “(C) all property referred to in subparagraph (A) shall remain eligible for replacement on the same basis as if title to such property were vested in the United States; and”;

17. 1994

    Indian Self-Determination Contract Reform Act of 1994

    Pub. L. 103–413 § 106 · 108 Stat. 4250

    Struck · 25 U.S.C. § 5324(h)

    Pub. L. 103–413, § 106, struck out “and the rules and regulations adopted by the Secretaries of the Interior and Health and Human Services pursuant to section 5328 of this title” after “sections 5321 and 5322 of this title”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 103–413, § 106, struck out “and the rules and regulations adopted by the Secretaries of the Interior and Health and Human Services pursuant to section 5328 of this title” after “sections 5321 and 5322 of this title”.

    Enacted provision · exact public law section
    SEC. 106. CONFORMING AMENDMENTS. Section 105(h) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j(h)) is amended by striking “and the rules and regulations adopted by the Secretaries of the Interior and Health and Human Services pursuant to section 107 of this Act”.

18. 1994

    Indian Self-Determination Contract Reform Act of 1994

    Pub. L. 103–413 § 102(13) · 108 Stat. 4250

    Added · 25 U.S.C. § 5324(i)(n)

    Pub. L. 103–413, § 102(13), added subsecs. (i) to (n)

    Source evidence

    Code amendment note
    Subsecs. (i) to (n). Pub. L. 103–413, § 102(13), added subsecs. (i) to (n).

    Enacted provision · exact public law section
    (13) by adding at the end of section 105 the following 25 USC 450j. new subsections: “(i) (1) If a self-determination contract requires the Secretary to divide the administration of a program that has previously been administered for the benefit of a greater number of tribes than are represented by the tribal organization that is a party to the contract, the Secretary shall take such action as may be necessary to ensure that services are provided to the tribes not served by a self-determination contract, including program redesign in consultation with the tribal organization and all affected tribes. “(2) Nothing in this title shall be construed to limit or reduce in any way the funding for any program, project, or activity serving a tribe under this or other applicable Federal law. Any tribe or tribal organization that alleges that a self-determination contract is in violation of this section may apply the provisions of section 110. “(j) Upon providing notice to the Secretary, a tribal organization that carries out a nonconstruction self-determination contract may propose a redesign of a program, activity, function, or service carried out by the tribal organization under the contract, including any nonstatutory program standard, in such manner as to best meet the local geographic, demographic, economic, cultural, health, and institutional needs of the Indian people and tribes served under the contract. The Secretary shall evaluate any proposal to redesign any program, activity, function, or service provided under the con-tract. With respect to declining to approve a redesigned program, activity, function, or service under this subsection, the Secretary shall apply the criteria and procedures set forth in section 102. “(k) For purposes of section 201(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481(a)) (relating to Federal sources of supply, including lodging providers, airlines and other transportation providers), a tribal organization carrying out a contract, grant, or cooperative agreement under this Act shall be deemed an executive agency when carrying out such con-tract, grant, or agreement and the employees of the tribal organization shall be eligible to have access to such sources of supply on the same basis as employees of an executive agency have such access. “(l) (1) Upon the request of an Indian tribe or tribal organization, the Secretary shall enter into a lease with the Indian tribe or tribal organization that holds title to, a leasehold interest in, or a trust interest in, a facility used by the Indian tribe or tribal organization for the administration and delivery of services under this Act. “(2) The Secretary shall compensate each Indian tribe or tribal organization that enters into a lease under paragraph (1) for the use of the facility leased for the purposes specified in such paragraph. Such compensation may include rent, depreciation based on the useful life of the facility, principal and interest paid or accrued, operation and maintenance expenses, and such other reasonable expenses that the Secretary determines, by regulation, to be allowable. “(m) (1) Each construction contract requested, approved, or awarded under this Act shall be subject to— “(A) except as otherwise provided in this Act, the provisions of this Act, other than sections 102(a)(2), 106(1), 108 and 109; and “(B) section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991 (104 Stat. 1959). “(2) In providing technical assistance to tribes and tribal organizations in the development of construction contract proposals, the Secretary shall provide, not later than 30 days after receiving a request from a tribe or tribal organization, all information available to the Secretary regarding the construction project, including construction drawings, maps, engineering reports, design reports, plans of requirements, cost estimates, environmental assessments or environmental impact reports, and archaeological reports. “(3) Prior to finalizing a construction contract proposal pursuant to section 102(a), and upon request of the tribe or tribal organization that submits the proposal, the Secretary shall provide for a precontract negotiation phase in the development of a contract proposal. Such phase shall include, at a minimum, the following elements: “(A) The provision of technical assistance pursuant to section 103 and paragraph (2). “(B) A joint scoping session between the Secretary and the tribe or tribal organization to review all plans, specifications, engineering reports, cost estimates, and other information available to the parties, for the purpose of identifying all areas of agreement and disagreement. “(C) An opportunity for the Secretary to revise the plans, designs, or cost estimates of the Secretary in response to concerns raised, or information provided by, the tribe or tribal organization. “(D) A negotiation session during which the Secretary and the tribe or tribal organization shall seek to develop a mutually agreeable contract proposal. “(E) Upon the request of the tribe or tribal organization, the use of an alternative dispute resolution mechanism to seek resolution of all remaining areas of disagreement pursuant to the dispute resolution provisions under subchapter IV of chapter 5 of title 5, United States Code. “(F) The submission to the Secretary by the tribe or tribal organization of a final contract proposal pursuant to section 102(a). “(4) (A) Subject to subparagraph (B), in funding a fixed-price construction contract pursuant to section 106(a), the Secretary shall provide for the following: “(i) The reasonable costs to the tribe or tribal organization for general administration incurred in connection with the project that is the subject of the contract. “(ii) The ability of the contractor that carries out the construction contract to make a reasonable profit, taking into consideration the risks associated with carrying out the contract and other relevant considerations. “(B) In establishing a contract budget for a construction project, the Secretary shall not be required to separately identify the components described in clauses (i) and (ii) of subparagraph (A). “(C) The total amount awarded under a construction contract shall reflect an overall fair and reasonable price to the parties, including the following costs: “(i) The reasonable costs to the tribal organization of performing the contract, taking into consideration the terms of the contract and the requirements of this Act and any other applicable law. “(ii) The costs of preparing the contract proposal and supporting cost data. “(iii) The costs associated with auditing the general and administrative costs of the tribal organization associated with the management of the construction contract. “(iv) In the case of a fixed-price contract, a fair profit determined by taking into consideration the relevant risks and local market conditions. “(v) If the Secretary and the tribe or tribal organization are unable to develop a mutually agreeable construction con-tract proposal pursuant to the procedures set forth in this subsection, the tribe or tribal organization may submit a final contract proposal to the Secretary. Not later than 30 days after receiving such final contract proposal, the Secretary shall approve the contract proposal and award the contract, unless, during such period the Secretary declines the proposal pursuant to sections 102(a)(2) and 102(b) of section 102 (including providing opportunity for an appeal pursuant to section 102(b)). “(n) Notwithstanding any other provision of law, the rental rates for housing provided to an employee by the Federal Government in Alaska pursuant to a self-determination contract shall be determined on the basis of— “(1) the reasonable value of the quarters and facilities (as such terms are defined under section 5911 of title 5, United States Code) to such employee, and “(2) the circumstances under which such quarters and facilities are provided to such employee, as based on the cost of comparable private rental housing in the nearest established community with a year-round population of 1,500 or more individuals.”;

19. 1996

    An Act to restore Federal services to the Pokagon Band of Potawatomi Indians

    Pub. L. 104–109 § 7 · 110 Stat. 763

    Changed · 25 U.S.C. § 5324(e)

    Pub. L. 104–109 made technical amendment to directory language of Pub. L. 103–413, § 102(11). See 1994 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 104–109 made technical amendment to directory language of Pub. L. 103–413, § 102(11). See 1994 Amendment note below.

    Enacted provision · exact public law section
    SEC. 7. INDIAN SELF-DETERMINATION CONTRACT REFORM ACT OF 1994. Section 102(11) of the Indian Self-Determination Contract 25 USC 450j. Reform Act of 1994 (108 Stat. 4254) is amended by striking “subsection (e)” and inserting “subsection (e) of section 105”.

20. 2000

    Tribal Self-Governance Amendments of 2000

    Pub. L. 106–260 § 7 · 114 Stat. 711

    1. Substituted · 25 U.S.C. § 5324(k)

       Pub. L. 106–260, § 7, substituted “deemed an executive agency and part of the Indian Health Service” for “deemed an executive agency”

    2. Inserted · 25 U.S.C. § 5324(k)

       Pub. L. 106–260, § 7, inserted at end “For purposes of carrying out such contract, grant, or agreement, the Secretary shall, at the request of an Indian tribe, enter into an agreement for the acquisition, on behalf of the Indian tribe, of any goods, services, or supplies available to the Secretary from the General Services Administration or other Federal agencies that are not directly available to the Indian tribe under this section or under any other Federal law, including acquisitions from prime vendors. All such acquisitions shall be undertaken through the most efficient and speedy means practicable, including electronic ordering arrangements.”

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 106–260, § 7, substituted “deemed an executive agency and part of the Indian Health Service” for “deemed an executive agency” and inserted at end “For purposes of carrying out such contract, grant, or agreement, the Secretary shall, at the request of an Indian tribe, enter into an agreement for the acquisition, on behalf of the Indian tribe, of any goods, services, or supplies available to the Secretary from the General Services Administration or other Federal agencies that are not directly available to the Indian tribe under this section or under any other Federal law, including acquisitions from prime vendors. All such acquisitions shall be undertaken through the most efficient and speedy means practicable, including electronic ordering arrangements.”

    Enacted provision · exact public law section
    SEC. 7. SPEEDY ACQUISITION OF GOODS, SERVICES, OR SUPPLIES. Section 105(k) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j(k)) is amended— (1) by striking “deemed an executive agency” and inserting “deemed an executive agency and part of the Indian Health Service”; and (2) by adding at the end the following: “For purposes of carrying out such contract, grant, or agreement, the Secretary shall, at the request of an Indian tribe, enter into an agreement for the acquisition, on behalf of the Indian tribe, of any goods, services, or supplies available to the Secretary from the General Services Administration or other Federal agencies that are not directly available to the Indian tribe under this section or under any other Federal law, including acquisitions from prime vendors. All such acquisitions shall be undertaken through the most efficient and speedy means practicable, including electronic ordering arrangements.”.

21. 2000

    Tribal Self-Governance Amendments of 2000

    Pub. L. 106–260 § 8 · 114 Stat. 711

    Added · 25 U.S.C. § 5324(o)

    Pub. L. 106–260, § 8, added subsec. (o)

    Source evidence

    Code amendment note
    Subsec. (o). Pub. L. 106–260, § 8, added subsec. (o).

    Enacted provision · exact public law section
    SEC. 8. PATIENT RECORDS. Section 105 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j) is amended by adding at the end the following: “(o) Patient Records.— “(1) In general.— At the option of an Indian tribe or tribal organization, patient records may be deemed to be Federal records under those provisions of title 44, United States Code, that are commonly referred to as the ‘Federal Records Act of 1950’ for the limited purposes of making such records eligible for storage by Federal Records Centers to the same extent and in the same manner as other Department of Health and Human Services patient records. “(2) Treatment of records.— Patient records that are deemed to be Federal records under those provisions of title 44, United States Code, that are commonly referred to as the ‘Federal Records Act of 1950’ pursuant to this subsection shall not be considered Federal records for the purposes of chapter 5 of title 5, United States Code.”.

22. 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 § 203(1) · 134 Stat. 857

    Substituted · 25 U.S.C. § 5324(b)

    Pub. L. 116–180, § 203(1), substituted reference to sections 5321 and 5322 of this title for reference to section 5321 of this title, former section 103 of Pub. L. 93–638, or section 5322 of this title. For disposition of former section 103 of Pub. L. 93–638, see Prior Provisions note set out under section 5322 of this title

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–180, § 203(1), substituted reference to sections 5321 and 5322 of this title for reference to section 5321 of this title, former section 103 of Pub. L. 93–638, or section 5322 of this title. For disposition of former section 103 of Pub. L. 93–638, see Prior Provisions note set out under section 5322 of this title.

    Enacted provision · exact public law section
    (1) in subsection (b), in the first sentence, by striking “pursuant to” and all that follows through “of this Act” and inserting “pursuant to sections 102 and 103”; and

23. 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 § 203(2) · 134 Stat. 857

    Added · 25 U.S.C. § 5324(p); 25 U.S.C. § 5324(q)

    Pub. L. 116–180, § 203(2), added subsecs. (p) and (q)

    Source evidence

    Code amendment note
    Subsecs. (p), (q). Pub. L. 116–180, § 203(2), added subsecs. (p) and (q).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(p) Interpretation by Secretary.— Except as otherwise provided by law, the Secretary shall interpret all Federal laws (including regulations) and Executive orders in a manner that facilitates, to the maximum extent practicable— “(1) the inclusion in self-determination contracts and funding agreements of— “(A) applicable programs, services, functions, and activities (or portions thereof); and “(B) funds associated with those programs, services, functions, and activities; “(2) the implementation of self-determination contracts and funding agreements; and “(3) the achievement of Tribal health objectives. “(q) (1) Technical Assistance for Internal Controls.— In considering proposals for, amendments to, or in the course of, a contract under this title and compacts under titles IV and V of this Act, if the Secretary determines that the Indian Tribe lacks adequate internal controls necessary to manage the contracted program or programs, the Secretary shall, as soon as practicable, provide the necessary technical assistance to assist the Indian Tribe in developing adequate internal controls. Plan. As part of that technical assistance, the Secretary and the Tribe shall develop a plan for assessing the subsequent effectiveness of such technical assistance. The inability of the Secretary to provide technical assistance or lack of a plan under this subsection shall not result in the reassumption of an existing agreement, contract, or compact, or declination or rejection of a new agreement, contract, or compact. “(2) The Secretary shall prepare a report to be included in the information required for the reports under sections 412(b)(2)(A) and 514(b)(2)(A). The Secretary shall include in this report, in the aggregate, a description of the internal controls that were inadequate, the technical assistance provided, and a description of Secretarial actions taken to address any remaining inadequate internal controls after the provision of technical assistance and implementation of the plan required by paragraph (1).” .

34 of 34 references resolved to an enrolled provision