§ 5325. Contract funding and indirect costs

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. 1988

   Indian Self-Determination and Education Assistance Act

   Pub. L. 93–638 title I § 106 · 88 Stat. 2204

   Enacted · 25 U.S.C. § 5325

   Pub. L. 93–638, title I, § 106, as added Pub. L. 100–472, title II, § 205, Oct. 5, 1988, 102 Stat. 2292

   Source evidence

   Code source credit
   Pub. L. 93–638, title I, § 106, as added Pub. L. 100–472, title II, § 205, Oct. 5, 1988, 102 Stat. 2292

   Enacted provision · exact public law section
   Sec. 106. administrative provisions (a) Contracts with tribal organizations pursuant to sections 25 USC 450j. 102 and 103 of this Act 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 the Act of August 24, 1935 (49 Stat. 793), as amended: Provided, That the appropriate 40 USC 270a. 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. (b) Payments of any grants or under any contracts pursuant to section 102, 103, or 104 of this Act may be made in advance or by way of reimbursement and in such installments and on such conditions as the appropriate Secretary deems necessary to carry out the purposes of this title. The transfer of funds shall be scheduled consistent with program requirements and applicable Treasury regulations, so as to minimize the time elapsing between the transfer of such funds from the United States Treasury and the disbursement thereof by the tribal organization, whether such disbursement occurs prior to or subsequent to such transfer of funds. Tribal organizations shall not be held accountable for interest earned on such funds, pending their disbursement by such organization. (c) Any contract requested by a tribe pursuant to sections 102 and Contracts, term. 103 of this Act shall be for a term not to exceed one year unless the appropriate Secretary determines that a longer term would be advisable: Provided, That such term may not exceed three years and shall be subject to the availability of appropriations: Provided, further, That the amounts of such contracts may be renegotiated annually to reflect factors, including but not limited to cost increases beyond the control of a tribal organization. (d) Notwithstanding any provision of law to the contrary, the appropriate Secretary may, at the request or consent of a tribal organization, revise or amend any contract or grant made by him pursuant to section 102, 103, or 104 of this Act with such organization as necessary to carry out the purposes of this title: Provided, however, That whenever an Indian tribe requests retrocession of the appropriate Secretary for any contract entered into pursuant to this Act, such retrocession shall become effective upon a date specified by the appropriate Secretary not more than one hundred and twenty days from the date of the request by the tribe or at such later date as may be mutually agreed to by the appropriate Secretary and the tribe. (e) In connection with any contract or grant made pursuant to section 102, 103, or 104 of this Act, the appropriate Secretary may permit a tribal organization to utilize, in carrying out such contract or grant, existing school buildings, hospitals, and other facilities and all equipment therein or appertaining thereto and other personal property owned by the Government within his jurisdiction under such terms and conditions as may be agreed upon for their use and maintenance. (f) The contracts authorized under sections 102 and 103 of this Act and grants pursuant to section 104 of this Act may include provisions for the performance of personal services which would otherwise be performed by Federal employees including, but in no way limited to, functions such as determination of eligibility of applicants for assistance, benefits, or services, and the extent or amount of such assistance, benefits, or services to be provided and the provisions of such assistance, benefits, or services, all in accordance with the terms of the contract or grant and applicable rules and regulations of the appropriate Secretary: Provided, That the Secretary shall not make any contract which would impair his ability to discharge his trust responsibilities to any Indian tribe or individuals. (g) Contracts and grants with tribal organizations pursuant to sections 102, 103, and 104 of this Act and the rules and regulations adopted by the Secretaries of the Interior and Health, Education, and Welfare pursuant to section 107 of this Act shall include provisions to assure the fair and uniform provision by such tribal organizations of the services and assistance they provide to Indians under such contracts and grants. (h) The amount of funds provided under the terms of contracts entered into pursuant to sections 102 and 103 shall not be less than the appropriate Secretary would have otherwise provided for his direct operation of the programs or portions thereof for the period covered by the contract: Provided. That any savings in operation under such contracts shall be utilized to provide additional services or benefits under the contract.

2. 1990

   Pub. L. 101–301 § 2(a)(8) · 104 Stat. 206

   Substituted · 25 U.S.C. § 5325(f)

   Pub. L. 101–301, § 2(a)(8), substituted “prior to enactment of chapter 75 of title 31” for “prior to enactment of the Single Agency Audit Act of 1984 (chapter 75 of title 31)”, which for purposes of codification was translated as “prior to October 19, 1984”, requiring no change in text

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 101–301, § 2(a)(8), substituted “prior to enactment of chapter 75 of title 31” for “prior to enactment of the Single Agency Audit Act of 1984 (chapter 75 of title 31)”, which for purposes of codification was translated as “prior to October 19, 1984”, requiring no change in text.

   Enacted provision · exact public law section
   (8) by striking out “the Single Agency Audit Act of 1984 (chapter 75 of title 31, United States Code)” in section 106(f) (25 U.S.C. 450j–1(f)) and inserting in lieu thereof “chapter 75 of title 31, United States Code”,

3. 1990

   Pub. L. 101–301 § 2(a)(9) · 104 Stat. 206

   Substituted · 25 U.S.C. § 5325(i)

   Pub. L. 101–301, § 2(a)(9), substituted “agency personnel (area personnel in the Navajo Area and in the case of Indian tribes not served by an agency)” for “agency personnel”

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 101–301, § 2(a)(9), substituted “agency personnel (area personnel in the Navajo Area and in the case of Indian tribes not served by an agency)” for “agency personnel”.

   Enacted provision · exact public law section
   (9) by striking out “agency personnel” in section 106(i) (25 U.S.C. 450j–1(i)) and inserting in lieu thereof “agency personnel (area personnel in the Navajo Area and in the case of Indian tribes not served by an agency)”, and

4. 1990

   Indian Arts and Crafts Act of 1990

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

   Substituted · 25 U.S.C. § 5325(e)

   Pub. L. 101–644 substituted “1992” for “1988”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 101–644 substituted “1992” for “1988”.

   Enacted provision · exact public law section
   (a) Section 106 of the Indian Self-Determination Act (25 U.S.C. 450j-l(e)) is amended by deleting “1988” and inserting in lieu thereof “1992”.

5. 1994

   Indian Self-Determination Contract Reform Act of 1994

   Pub. L. 103–413 § 102(14)(A) · 108 Stat. 4250

   Inserted · 25 U.S.C. § 5325(a)(1)

   Pub. L. 103–413, § 102(14)(A), inserted before period at end “, without regard to any organizational level within the Department of the Interior or the Department of Health and Human Services, as appropriate, at which the program, function, service, or activity or portion thereof, including supportive administrative functions that are otherwise contractable, is operated”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 103–413, § 102(14)(A), inserted before period at end “, without regard to any organizational level within the Department of the Interior or the Department of Health and Human Services, as appropriate, at which the program, function, service, or activity or portion thereof, including supportive administrative functions that are otherwise contractable, is operated”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by inserting before the period at the end the following: “, without regard to any organizational level within the Department of the Interior or the Department of Health and Human Services, as appropriate, at which the program, function, service, or activity or portion thereof, including supportive administrative functions that are otherwise contractable, is operated”;

6. 1994

   Indian Self-Determination Contract Reform Act of 1994

   Pub. L. 103–413 § 102(14)(B) · 108 Stat. 4250

   Inserted · 25 U.S.C. § 5325(a)(2)

   Pub. L. 103–413, § 102(14)(B), inserted “an amount for” after “consist of”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 103–413, § 102(14)(B), inserted “an amount for” after “consist of”.

   Enacted provision · exact public law section
   (B) in paragraph (2), by inserting after “consist of” the following: “an amount for”; and

7. 1994

   Indian Self-Determination Contract Reform Act of 1994

   Pub. L. 103–413 § 102(14)(C) · 108 Stat. 4250

   1. Added · 25 U.S.C. § 5325(a)(3)

      Pub. L. 103–413, § 102(14)(C), added par. (3)

   2. Struck · 25 U.S.C. § 5325(a)(3)

      Pub. L. 103–413, § 102(14)(C), struck out former par. (3) which read as follows: “Any savings in operation under a self-determination contract shall be utilized to provide additional services or benefits under the contract or be expended in the succeeding fiscal year as provided in section 13a of this title.”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 103–413, § 102(14)(C), added par. (3) and struck out former par. (3) which read as follows: “Any savings in operation under a self-determination contract shall be utilized to provide additional services or benefits under the contract or be expended in the succeeding fiscal year as provided in section 13a of this title.”

   Enacted provision · exact public law section
   (C) by striking paragraph (3) and inserting the following new paragraphs: “(3) (A) The contract support costs that are eligible costs for the purposes of receiving funding under this Act shall include the costs of reimbursing each tribal contractor for reasonable and allowable costs of— “(i) direct program expenses for the operation of the Federal program that is the subject of the contract, and “(ii) any additional administrative or other expense related to the overhead incurred by the tribal contractor in connection with the operation of the Federal program, function, service, or activity pursuant to the contract, except that such funding shall not duplicate any funding provided under section 106(a)(1). “(B) On an annual basis, during such period as a tribe or tribal organization operates a Federal program, function, service, or activity pursuant to a contract entered into under this Act, the tribe or tribal organization shall have the option to negotiate with the Secretary the amount of funds that the tribe or tribal organization is entitled to receive under such contract pursuant to this paragraph. “(4) For each fiscal year during which a self-determination contract is in effect, any savings attributable to the operation of a Federal program, function, service, or activity under a self-determination contract by a tribe or tribal organization (including a cost reimbursement construction contract) shall— “(A) be used to provide additional services or benefits under the contract; or “(B) be expended by the tribe or tribal organization in the succeeding fiscal year, as provided in section 8. “(5) Subject to paragraph (6), during the initial year that a self-determination contract is in effect, the amount required to be paid under paragraph (2) shall include startup costs consisting of the reasonable costs that have been incurred or will be incurred on a one-time basis pursuant to the contract necessary— “(A) to plan, prepare for, and assume operation of the program, function, service, or activity that is the subject of the contract; and “(B) to ensure compliance with the terms of the contract and prudent management. “(6) Costs incurred before the initial year that a self-determination contract is in effect may not be included in the amount required to be paid under paragraph (2) if the Secretary does not receive a written notification of the nature and extent of the costs prior to the date on which such costs are incurred.”;

8. 1994

   Indian Self-Determination Contract Reform Act of 1994

   Pub. L. 103–413 § 102(14)(C) · 108 Stat. 4250

   Added · 25 U.S.C. § 5325(a)(4)(6)

   Pub. L. 103–413, § 102(14)(C), added pars. (4) to (6)

   Source evidence

   Code amendment note
   Subsec. (a)(4) to (6). Pub. L. 103–413, § 102(14)(C), added pars. (4) to (6).

   Enacted provision · exact public law section
   (C) by striking paragraph (3) and inserting the following new paragraphs: “(3) (A) The contract support costs that are eligible costs for the purposes of receiving funding under this Act shall include the costs of reimbursing each tribal contractor for reasonable and allowable costs of— “(i) direct program expenses for the operation of the Federal program that is the subject of the contract, and “(ii) any additional administrative or other expense related to the overhead incurred by the tribal contractor in connection with the operation of the Federal program, function, service, or activity pursuant to the contract, except that such funding shall not duplicate any funding provided under section 106(a)(1). “(B) On an annual basis, during such period as a tribe or tribal organization operates a Federal program, function, service, or activity pursuant to a contract entered into under this Act, the tribe or tribal organization shall have the option to negotiate with the Secretary the amount of funds that the tribe or tribal organization is entitled to receive under such contract pursuant to this paragraph. “(4) For each fiscal year during which a self-determination contract is in effect, any savings attributable to the operation of a Federal program, function, service, or activity under a self-determination contract by a tribe or tribal organization (including a cost reimbursement construction contract) shall— “(A) be used to provide additional services or benefits under the contract; or “(B) be expended by the tribe or tribal organization in the succeeding fiscal year, as provided in section 8. “(5) Subject to paragraph (6), during the initial year that a self-determination contract is in effect, the amount required to be paid under paragraph (2) shall include startup costs consisting of the reasonable costs that have been incurred or will be incurred on a one-time basis pursuant to the contract necessary— “(A) to plan, prepare for, and assume operation of the program, function, service, or activity that is the subject of the contract; and “(B) to ensure compliance with the terms of the contract and prudent management. “(6) Costs incurred before the initial year that a self-determination contract is in effect may not be included in the amount required to be paid under paragraph (2) if the Secretary does not receive a written notification of the nature and extent of the costs prior to the date on which such costs are incurred.”;

9. 1994

   Indian Self-Determination Contract Reform Act of 1994

   Pub. L. 103–413 § 102(15)(A) · 108 Stat. 4250

   Substituted · 25 U.S.C. § 5325(c)

   Pub. L. 103–413, § 102(15)(A), substituted “May 15” for “March 15” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–413, § 102(15)(A), substituted “May 15” for “March 15” in introductory provisions.

   Enacted provision · exact public law section
   (A) by striking “March 15” and inserting “May 15”;

10. 1994

    Indian Self-Determination Contract Reform Act of 1994

    Pub. L. 103–413 § 102(15)(B) · 108 Stat. 4250

    Substituted · 25 U.S.C. § 5325(c)(1); 25 U.S.C. § 5325(c)(2)

    Pub. L. 103–413, § 102(15)(B), substituted “contract support costs” for “indirect costs”

    Source evidence

    Code amendment note
    Subsec. (c)(1), (2). Pub. L. 103–413, § 102(15)(B), substituted “contract support costs” for “indirect costs”.

    Enacted provision · exact public law section
    (B) in paragraphs (1) and (2), by striking “indirect costs” each place it appears and inserting “contract support costs”;

11. 1994

    Indian Self-Determination Contract Reform Act of 1994

    Pub. L. 103–413 § 102(15)(C) · 108 Stat. 4250

    Added · 25 U.S.C. § 5325(c)(6)

    Pub. L. 103–413, § 102(15)(C)–(E), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (c)(6). Pub. L. 103–413, § 102(15)(C)–(E), added par. (6).

    Enacted provision · exact public law section
    (C) in paragraph (4), by striking “and” at the end;

12. 1994

    Indian Self-Determination Contract Reform Act of 1994

    Pub. L. 103–413 § 102(16) · 108 Stat. 4250

    Inserted · 25 U.S.C. § 5325(f)

    Pub. L. 103–413, § 102(16), inserted after second sentence “For the purpose of determining the 365-day period specified in this paragraph, an audit report shall be deemed to have been received on the date of actual receipt by the Secretary, if, within 60 days after receiving the report, the Secretary does not give notice of a determination by the Secretary to reject the single-agency report as insufficient due to noncompliance with chapter 75 of title 31 or noncompliance with any other applicable law.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 103–413, § 102(16), inserted after second sentence “For the purpose of determining the 365-day period specified in this paragraph, an audit report shall be deemed to have been received on the date of actual receipt by the Secretary, if, within 60 days after receiving the report, the Secretary does not give notice of a determination by the Secretary to reject the single-agency report as insufficient due to noncompliance with chapter 75 of title 31 or noncompliance with any other applicable law.”

    Enacted provision · exact public law section
    (16) in section 106(f), by inserting immediately after the second sentence the following new sentence: “For the purpose of determining the 365-day period specified in this paragraph, an audit report shall be deemed to have been received on the date of actual receipt by the Secretary, if, within 60 days after receiving the report, the Secretary does not give notice of a determination by the Secretary to reject the single-agency report as insufficient due to noncompliance with chapter 75 of title 31, United States Code, or noncompliance with any other applicable law.”;

13. 1994

    Indian Self-Determination Contract Reform Act of 1994

    Pub. L. 103–413 § 102(17) · 108 Stat. 4250

    1. Added · 25 U.S.C. § 5325(g)

       Pub. L. 103–413, § 102(17), added subsec. (g)

    2. Struck · 25 U.S.C. § 5325(g)

       Pub. L. 103–413, § 102(17), struck out former subsec. (g) which read as follows: “Upon the approval of a self-determination contract and at the request of an Indian tribe or tribal organization, the Secretary shall add the indirect cost funding amount awarded for a self-determination contract to the amount awarded for direct program funding for the first year and, subject to adjustments in the amount of direct program costs for the contract, for each subsequent year that the program remains continuously under contract.”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 103–413, § 102(17), added subsec. (g) and struck out former subsec. (g) which read as follows: “Upon the approval of a self-determination contract and at the request of an Indian tribe or tribal organization, the Secretary shall add the indirect cost funding amount awarded for a self-determination contract to the amount awarded for direct program funding for the first year and, subject to adjustments in the amount of direct program costs for the contract, for each subsequent year that the program remains continuously under contract.”

    Enacted provision · exact public law section
    (17) by striking subsection (g) of section 106 and inserting 25 USC 450j–l. the following new subsection: “(g) Upon the approval of a self-determination contract, the Secretary shall add to the contract the full amount of funds to which the contractor is entitled under section 106(a), subject to adjustments for each subsequent year that such tribe or tribal organization administers a Federal program, function, service, or activity under such contract.”;

14. 1994

    Indian Self-Determination Contract Reform Act of 1994

    Pub. L. 103–413 § 102(18) · 108 Stat. 4250

    1. Added · 25 U.S.C. § 5325(i)

       Pub. L. 103–413, § 102(18), added subsec. (i)

    2. Struck · 25 U.S.C. § 5325(i)

       Pub. L. 103–413, § 102(18), struck out former subsec. (i) which read as follows: “Within one month after October 5, 1988, the Secretary is mandated to establish a team in each area of the Bureau of Indian Affairs which consists of agency personnel (area personnel in the Navajo Area and in the case of Indian tribes not served by an agency) and tribal representatives for the purpose of analyzing the ‘Indian Priority System’ and other aspects of the budgeting and funding allocation process of the Bureau of Indian Affairs for the purpose of making a report to Congress with appropriate recommendations for changes and legislative actions to achieve greater tribal decision-making authority over the use of funds appropriated for the benefit of the tribes and their members. The report along with the analysis, findings and recommendations of the area teams shall be submitted to Congress within six months of October 5, 1988. The Secretary may submit to Congress separate comments on the information and recommendations on the report.”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 103–413, § 102(18), added subsec. (i) and struck out former subsec. (i) which read as follows: “Within one month after October 5, 1988, the Secretary is mandated to establish a team in each area of the Bureau of Indian Affairs which consists of agency personnel (area personnel in the Navajo Area and in the case of Indian tribes not served by an agency) and tribal representatives for the purpose of analyzing the ‘Indian Priority System’ and other aspects of the budgeting and funding allocation process of the Bureau of Indian Affairs for the purpose of making a report to Congress with appropriate recommendations for changes and legislative actions to achieve greater tribal decision-making authority over the use of funds appropriated for the benefit of the tribes and their members. The report along with the analysis, findings and recommendations of the area teams shall be submitted to Congress within six months of October 5, 1988. The Secretary may submit to Congress separate comments on the information and recommendations on the report.”

    Enacted provision · exact public law section
    (18) by striking subsection (i) of section 106 and inserting the following new subsection: “(i) On an annual basis, the Secretary shall consult with, and solicit the participation of, Indian tribes and tribal organizations in the development of the budget for the Indian Health Service and the Bureau of Indian Affairs (including participation of Indian tribes and tribal organizations in formulating annual budget requests that the Secretary submits to the President for submission to Congress pursuant to section 1105 of title 31, United States Code).”; and

15. 1994

    Indian Self-Determination Contract Reform Act of 1994

    Pub. L. 103–413 § 102(19) · 108 Stat. 4250

    Added · 25 U.S.C. § 5325(j)(o)

    Pub. L. 103–413, § 102(19), added subsecs. (j) to (o)

    Source evidence

    Code amendment note
    Subsecs. (j) to (o). Pub. L. 103–413, § 102(19), added subsecs. (j) to (o).

    Enacted provision · exact public law section
    (19) by adding at the end of section 106 the following new subsections: “(j) Notwithstanding any other provision of law, a tribal organization may use funds provided under a self-determination contract to meet matching or cost participation requirements under other Federal and non-Federal programs. “(k) Without intending any limitation, a tribal organization may, without the approval of the Secretary, expend funds provided under a self-determination contract for the following purposes, to the extent that the expenditure of the funds is supportive of a contracted program: “(1) Depreciation and use allowances not otherwise specifically prohibited by law, including the depreciation of facilities owned by the tribe or tribal organization. “(2) Publication and printing costs. “(3) Building, realty, and facilities costs, including rental costs or mortgage expenses. “(4) Automated data processing and similar equipment or services. “(5) Costs for capital assets and repairs. “(6) Management studies. “(7) Professional services, other than services provided in connection with judicial proceedings by or against the United States. “(8) Insurance and indemnification, including insurance covering the risk of loss of or damage to property used in connection with the contract without regard to the ownership of such property. “(9) Costs incurred to raise funds or contributions from non-Federal sources for the purpose of furthering the goals and objectives of the self-determination contract. “(10) Interest expenses paid on capital expenditures such as buildings, building renovation, or acquisition or fabrication of capital equipment, and interest expenses on loans necessitated due to delays by the Secretary in providing funds under a contract. “(11) Expenses of a governing body of a tribal organization that are attributable to the management or operation of programs under this Act. “(12) Costs associated with the management of pension funds, self-insurance funds, and other funds of the tribal organization that provide for participation by the Federal Government. “(l) (1) The Secretary may only suspend, withhold, or delay the payment of funds for a period of 30 days beginning on the date the Secretary makes a determination under this paragraph to a tribal organization under a self-determination contract, if the Secretary determines that the tribal organization has failed to substantially carry out the contract without good cause. In any such case, the Secretary shall provide the tribal organization with reasonable advance written notice, technical assistance (subject to available resources) to assist the tribal organization, a hearing on the record not later than 10 days after the date of such determination or such later date as the tribal organization shall approve, and promptly release any funds withheld upon subsequent compliance. “(2) With respect to any hearing or appeal conducted pursuant to this subsection, the Secretary shall have the burden of proof to establish by clearly demonstrating the validity of the grounds for suspending, withholding, or delaying payment of funds. “(m) The program income earned by a tribal organization in the course of carrying out a self-determination contract— “(1) shall be used by the tribal organization to further the general purposes of the contract; and “(2) shall not be a basis for reducing the amount of funds otherwise obligated to the contract. “(n) To the extent that programs, functions, services, or activities carried out by tribal organizations pursuant to contracts entered into under this Act reduce the administrative or other responsibilities of the Secretary with respect to the operation of Indian pro-grams and result in savings that have not otherwise been included in the amount of contract funds determined under subsection (a), the Secretary shall make such savings available for the provision of additional services to program beneficiaries, either directly or through contractors, in a manner equitable to both direct and contracted programs. “(o) Notwithstanding any other provision of law (including any regulation), a tribal organization that carries out a self-determination contract may, with respect to allocations within the approved budget of the contract, rebudget to meet contract requirements, if such rebudgeting would not have an adverse effect on the performance of the contract.”.

16. 1998

    Federal Reports Elimination Act of 1998

    Pub. L. 105–362 title VIII § 801(g) · 112 Stat. 3280

    1. Redesignated · 25 U.S.C. § 5325(c)(o)

       Pub. L. 105–362 redesignated subsecs. (d) to (o) as (c) to (n), respectively

    2. Struck · 25 U.S.C. § 5325(c)(o)

       Pub. L. 105–362 struck out former subsec. (c) which related to Secretary’s annual report to Congress on implementation of this chapter

    Source evidence

    Code amendment note
    Subsecs. (c) to (o). Pub. L. 105–362 redesignated subsecs. (d) to (o) as (c) to (n), respectively, and struck out former subsec. (c) which related to Secretary’s annual report to Congress on implementation of this chapter.

    Enacted provision · exact public law section
    (g) Indian Self-Determination and Education Assistance Act.— Section 106 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j–l) is amended— (1) by striking subsection (c); and (2) by redesignating subsections (d) through (o) as subsections (c) through (n), respectively.

17. 2000

    Tribal Self-Governance Amendments of 2000

    Pub. L. 106–260 § 9 · 114 Stat. 711

    1. Added · 25 U.S.C. § 5325(c)(o)

       Pub. L. 106–260 added subsec. (c)

    2. Redesignated · 25 U.S.C. § 5325(c)(o)

       Pub. L. 106–260 redesignated former subsecs. (c) to (n) as (d) to (o), respectively

    Source evidence

    Code amendment note
    Subsecs. (c) to (o). Pub. L. 106–260 added subsec. (c) and redesignated former subsecs. (c) to (n) as (d) to (o), respectively.

    Enacted provision · exact public law section
    SEC. 9. ANNUAL REPORTS. Section 106 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j-l) is amended— (1) by redesignating subsections (c) through (n) as subsections (d) through (o), respectively; and (2) by inserting after subsection (b), the following: “(c) Annual Reports.— Not later than May 15 of each year, the Secretary shall prepare and submit to Congress an annual report on the implementation of this Act. Such report shall include— “(1) an accounting of the total amounts of funds provided for each program and the budget activity for direct program costs and contract support costs of tribal organizations under self-determination; “(2) an accounting of any deficiency in funds needed to provide required contract support costs to all contractors for the fiscal year for which the report is being submitted; “(3) the indirect cost rate and type of rate for each tribal organization that has been negotiated with the appropriate Secretary; “(4) the direct cost base and type of base from which the indirect cost rate is determined for each tribal organization; “(5) the indirect cost pool amounts and the types of costs included in the indirect cost pool; and “(6) an accounting of any deficiency in funds needed to maintain the preexisting level of services to any Indian tribes affected by contracting activities under this Act, and a statement of the amount of funds needed for transitional purposes to enable contractors to convert from a Federal fiscal year accounting cycle, as authorized by section 105(d).”.

18. 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 § 204(1) · 134 Stat. 857

    1. Substituted · 25 U.S.C. § 5325(a)(3)(A)

       Pub. L. 116–180, § 204(1), substituted “; and” for “, and” in cl. (ii)

    2. Substituted · 25 U.S.C. § 5325(a)(3)(A)

       Pub. L. 116–180, § 204(1), substituted “expense incurred by the governing body of the Indian Tribe or Tribal organization and any overhead expense incurred” for “expense related to the overhead incurred” in cl. (ii)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A). Pub. L. 116–180, § 204(1), substituted “; and” for “, and” in cl. (i) and “expense incurred by the governing body of the Indian Tribe or Tribal organization and any overhead expense incurred” for “expense related to the overhead incurred” in cl. (ii).

    Enacted provision · exact public law section
    (1) in subparagraph (A)— (A) in clause (i), by striking “, and” and inserting “; and”; and (B) in clause (ii), by striking “expense related to the overhead incurred” and inserting “expense incurred by the governing body of the Indian Tribe or Tribal organization and any overhead expense incurred”;

19. 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 § 204(2) · 134 Stat. 857

    1. Added · 25 U.S.C. § 5325(a)(3)(B); 25 U.S.C. § 5325(a)(3)(C)

       Pub. L. 116–180, § 204(2), (3), added subpar. (B)

    2. Redesignated · 25 U.S.C. § 5325(a)(3)(B); 25 U.S.C. § 5325(a)(3)(C)

       Pub. L. 116–180, § 204(2), (3), redesignated former subpar. (B) as (C)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B), (C). Pub. L. 116–180, § 204(2), (3), added subpar. (B) and redesignated former subpar. (B) as (C).

    Enacted provision · exact public law section
    (2) by redesignating subparagraph (B) as subparagraph (C); and

26 of 26 references resolved to an enrolled provision