§ 5330. Rescission of contract or grant and assumption of control of program, etc.; authority; grounds; procedure; correction of violation as prerequisite to new contract or grant agreement; construction with occupational safety and health requirements

Footnotes

1. 1 See Codification note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Indian Self-Determination and Education Assistance Act

   Pub. L. 93–638 title I § 109 · 88 Stat. 2204

   Enacted · 25 U.S.C. § 5330

   Pub. L. 93–638, title I, § 109, Jan. 4, 1975, 88 Stat. 2212

   Source evidence

   Code source credit
   Pub. L. 93–638, title I, § 109, Jan. 4, 1975, 88 Stat. 2212

   Enacted provision · exact public law section
   Sec. 109. reassumption of programs Each contract or grant agreement entered into pursuant to 25 USC 450m. sections 102, 103, and 104 of this Act shall provide that in any case where the appropriate Secretary determines that the tribal organization’s performance under such contract or grant agreement involves (1) the violation of the rights or endangerment of the health, safety, or welfare of any persons; or (2) gross negligence or mismanagement in the handling or use of funds provided to the tribal organization pursuant to such contract or grant agreement, such Secretary may, under regulations prescribed by him and after providing notice and Notice and hearing. hearing to such tribal organization, rescind such contract or grant agreement and assume or resume control or operation of the program, activity, or service involved if he determines that the tribal organization has not taken corrective action as prescribed by him: Provided, That the appropriate Secretary may, upon notice to a tribal organization, immediately rescind a contract or grant and resume control or operation of a program, activity, or service if he finds that there is an immediate threat to safety and, in such cases, he shall hold a hearing on such action within ten days thereof. Such Secretary may decline to enter into a new contract or grant agreement and retain control of such program, activity, or service until such time as he is satisfied that the violations of rights or endangerment of health, safety, or welfare which necessitated the rescission has been corrected. Nothing in this section shall be construed as contravening the Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended (29 U.S.C. 651).

2. 1988

   Pub. L. 100–581 title II § 211 · 102 Stat. 2938

   Inserted · 25 U.S.C. § 5330

   Pub. L. 100–581 inserted “on the record” after “providing notice and hearing”

   Source evidence

   Code amendment note
   Pub. L. 100–581 inserted “on the record” after “providing notice and hearing”.

   Enacted provision · exact public law section
   Sec. 211. Section 109 of the Indian Self-Determination and Education Assistance Act is amended by striking out “after providing 25 USC 450m. notice and hearing to such tribal organization” and inserting in lieu thereof “after providing notice and hearing on the record to such tribal organization” and by striking out “in such cases, he shall hold a hearing within ten days thereof” and inserting in lieu thereof “in such cases, he shall provide the tribal organization with a hearing on the record within ten days or such later date as the tribal organization may approve.”.

3. 1988

   Pub. L. 100–581 title II § 211 · 102 Stat. 2938

   Substituted · 25 U.S.C. § 5330

   Pub. L. 100–581 which directed amendment of this section by substituting “in such cases, he shall provide the tribal organization with a hearing on the record within ten days or such later date as the tribal organization may approve.” for “in such cases, he shall hold a hearing within ten days thereof” was executed by substituting the new language for “in such cases, he shall hold a hearing on such action within ten days thereof” to reflect the probable intent of Congress

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 100–581 which directed amendment of this section by substituting “in such cases, he shall provide the tribal organization with a hearing on the record within ten days or such later date as the tribal organization may approve.” for “in such cases, he shall hold a hearing within ten days thereof” was executed by substituting the new language for “in such cases, he shall hold a hearing on such action within ten days thereof” to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   Sec. 211. Section 109 of the Indian Self-Determination and Education Assistance Act is amended by striking out “after providing 25 USC 450m. notice and hearing to such tribal organization” and inserting in lieu thereof “after providing notice and hearing on the record to such tribal organization” and by striking out “in such cases, he shall hold a hearing within ten days thereof” and inserting in lieu thereof “in such cases, he shall provide the tribal organization with a hearing on the record within ten days or such later date as the tribal organization may approve.”.

4. 1990

   Pub. L. 101–301 § 2(a)(10) · 104 Stat. 206

   Substituted · 25 U.S.C. § 5330

   Pub. L. 101–301 substituted “providing notice and a hearing” for “providing notice and hearing”

   Source evidence

   Code amendment note
   Pub. L. 101–301 substituted “providing notice and a hearing” for “providing notice and hearing”.

   Enacted provision · exact public law section
   (10) by striking out “providing notice and hearing” in section 109 (25 U.S.C. 450m) and inserting in lieu thereof “providing notice and a hearing”.

5. 1994

   Indian Self-Determination Contract Reform Act of 1994

   Pub. L. 103–413 title I § 104(1) · 108 Stat. 4250

   1. Inserted · 25 U.S.C. § 5330

      Pub. L. 103–413 inserted “or in the management of trust fund, trust lands or interests in such lands pursuant to such contract or grant agreement,” after “pursuant to such contract or grant agreement,” and “, in whole or in part,” after “rescind such contract or grant agreement”

   2. Substituted · 25 U.S.C. § 5330

      Pub. L. 103–413 substituted “action as prescribed by the Secretary to remedy the contract deficiency, except that the appropriate Secretary may, upon written notice to a tribal organization, and the tribe served by the tribal organization, immediately rescind a contract or grant, in whole or in part, and resume control or operation of a program, activity, function, or service, if the Secretary finds that (i) there is an immediate threat of imminent harm to the safety of any person, or imminent substantial and irreparable harm to trust funds, trust lands, or interests in such lands, and (ii) such threat arises from the failure of the contractor to fulfill the requirements of the contract. In such cases, the Secretary” for “action as prescribed by him: Provided, That the appropriate Secretary may, upon notice to a tribal organization, immediately rescind a contract or grant and resume control or operation of a program, activity, or service if he finds that there is an immediate threat to safety and, in such cases, he”

   3. Struck · 25 U.S.C. § 5330

      Pub. L. 103–413 struck out second period after “the tribal organization may approve”

   4. Inserted · 25 U.S.C. § 5330

      Pub. L. 103–413 inserted before last sentence “In any hearing or appeal provided for under this section, the Secretary shall have the burden of proof to establish, by clearly demonstrating the validity of the grounds for rescinding, assuming, or reassuming the contract that is the subject of the hearing.”

   Source evidence

   Code amendment note
   Pub. L. 103–413 inserted “or in the management of trust fund, trust lands or interests in such lands pursuant to such contract or grant agreement,” after “pursuant to such contract or grant agreement,” and “, in whole or in part,” after “rescind such contract or grant agreement”, substituted “action as prescribed by the Secretary to remedy the contract deficiency, except that the appropriate Secretary may, upon written notice to a tribal organization, and the tribe served by the tribal organization, immediately rescind a contract or grant, in whole or in part, and resume control or operation of a program, activity, function, or service, if the Secretary finds that (i) there is an immediate threat of imminent harm to the safety of any person, or imminent substantial and irreparable harm to trust funds, trust lands, or interests in such lands, and (ii) such threat arises from the failure of the contractor to fulfill the requirements of the contract. In such cases, the Secretary” for “action as prescribed by him: Provided, That the appropriate Secretary may, upon notice to a tribal organization, immediately rescind a contract or grant and resume control or operation of a program, activity, or service if he finds that there is an immediate threat to safety and, in such cases, he”, struck out second period after “the tribal organization may approve”, and inserted before last sentence “In any hearing or appeal provided for under this section, the Secretary shall have the burden of proof to establish, by clearly demonstrating the validity of the grounds for rescinding, assuming, or reassuming the contract that is the subject of the hearing.”

   Enacted provision · exact public law section
   (1) in section 109— (A) by inserting after “pursuant to such contract or grant agreement,” the following “or in the management of trust fund, trust lands or interests in such lands pursuant to such contract or grant agreement,”; (B) by striking “action as prescribed by him” and all that follows through “in such cases, he” and inserting the following: “action as prescribed by the Secretary to remedy the contract deficiency, except that the appropriate Secretary may, upon written notice to a tribal organization, and the tribe served by the tribal organization, immediately rescind a contract or grant, in whole or in part, and resume control or operation of a program, activity, function, or service, if the Secretary finds that (i) there is an immediate threat of imminent harm to the safety of any person, or imminent substantial and irreparable harm to trust funds, trust lands, or interests in such lands, and (ii) such threat arises from the failure of the contractor to fulfill the requirements of the contract. In such cases, the Secretary”; (C) by inserting after “rescind such contract or grant agreement” the following: “, in whole or in part,”; (D) by striking the second period after “the tribal organization may approve”; and (E) by inserting before the last sentence, the following new sentence: “In any hearing or appeal provided for under this section, the Secretary shall have the burden of proof to establish, by clearly demonstrating the validity of the grounds for rescinding, assuming, or reassuming the contract that is the subject of the hearing.”;

8 of 8 references resolved to an enrolled provision