Title 25 — Indians
Chapter 46 — Indian Self-Determination and Education Assistance
§ 5331. Contract disputes and claims
Statutory text
Civil actions; concurrent jurisdiction; relief
The United States district courts shall have original jurisdiction over any civil action or claim against the appropriate Secretary arising under this chapter and, subject to the provisions of subsection (d) of this section and concurrent with the United States Court of Claims, over any civil action or claim against the Secretary for money damages arising under contracts authorized by this chapter. In an action brought under this paragraph, the district courts may order appropriate relief including money damages, injunctive relief against any action by an officer of the United States or any agency thereof contrary to this chapter or regulations promulgated thereunder, or mandamus to compel an officer or employee of the United States, or any agency thereof, to perform a duty provided under this chapter or regulations promulgated hereunder (including immediate injunctive relief to reverse a declination finding under section 5321(a)(2) of this title or to compel the Secretary to award and fund an approved self-determination contract).
Revision of contracts
The Secretary shall not revise or amend a self-determination contract with a tribal organization without the tribal organization’s consent.
Application of laws to administrative appeals
The Equal Access to Justice Act (Publc 1 Law 96–481, Act of October 1,1 1980; 92 1 Stat. 2325, as amended), section 504 of title 5, and section 2412 of title 28 shall apply to administrative appeals pending on or filed after , by tribal organizations regarding self-determination contracts.
Application of chapter 71 of title 41
Chapter 71 of title 41 shall apply to self-determination contracts, except that all administrative appeals relating to such contracts shall be heard by the Interior Board of Contract Appeals established pursuant to section 8 of such Act (41 U.S.C. 607).2
Application of subsection (d)
Subsection (d) of this section shall apply to any case pending or commenced on or after , before the Boards of Contract Appeals of the Department of the Interior or the Department of Health and Human Services 2 except that in any such cases finally disposed of before , the thirty-day period referred to in section 504(a)(2) of title 5 shall be deemed to commence on .
Footnotes
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.
Indian Self-Determination and Education Assistance Act
Pub. L. 93–638 title I § 110 · 88 Stat. 2204
Enacted · 25 U.S.C. § 5331
Pub. L. 93–638, title I, § 110, as added Pub. L. 100–472, title II, § 206(a), Oct. 5, 1988, 102 Stat. 2294
Source evidence
Code source credit
Pub. L. 93–638, title I, § 110, as added Pub. L. 100–472, title II, § 206(a), Oct. 5, 1988, 102 Stat. 2294Enacted provision · exact public law section
Sec. 110. effect on existing rights Nothing in this Act shall be construed as— 25 USC 450n. (1) affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from suit enjoyed by an Indian tribe; or (2) authorizing or requiring the termination of any existing trust responsibility of the United States with respect to the Indian people.Pub. L. 100–581 § 212(a) · 102 Stat. 2938
Amended · 25 U.S.C. § 5331(a)
Pub. L. 100–581, § 212(a), as amended by Pub. L. 101–301, § 1(a)(2)
Substituted · 25 U.S.C. § 5331(a)
Pub. L. 100–581, § 212(a), as substituted “over any civil action” for “over civil action” after “Court of Claims,”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–581, § 212(a), as amended by Pub. L. 101–301, § 1(a)(2), substituted “over any civil action” for “over civil action” after “Court of Claims,”.Enacted provision · exact public law section
(a) Subsection (a) of section 110 of the Indian Self-Determination and Education Assistance Act as amended by section 201 of the Indian Self-Determination and Education Assistance Act Amendments of 1988 is further amended by striking out “over civil 25 USC 450m–l. action” and inserting in lieu thereof “over any civil action”.Pub. L. 100–581 § 212(b) · 102 Stat. 2938
Substituted · 25 U.S.C. § 5331(b)
Pub. L. 100–581, § 212(b), substituted “of tribal organization” for “of an Indian tribe”
Substituted · 25 U.S.C. § 5331(b)
Pub. L. 100–581, § 212(b), substituted “such tribal organization” for “such tribe”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 100–581, § 212(b), substituted “of tribal organization” for “of an Indian tribe” and “such tribal organization” for “such tribe”.Enacted provision · exact public law section
(b) Subsection (b) of section 100 of the Indian Self-Determination and Education Assistance Act as amended by section 201 of the Indian Self-Determination and Education Assistance Act Amendments of 1988 is further amended by striking out “an Indian tribe” and inserting in lieu thereof “tribal organization” and by striking out “such tribe” and inserting in lieu thereof “such tribal organization”.Pub. L. 100–581 § 212(c) · 102 Stat. 2938
Amended · 25 U.S.C. § 5331(c)
Pub. L. 100–581, § 212(c), as amended by Pub. L. 101–301, § 1(a)(2)
Amended · 25 U.S.C. § 5331(c)
Pub. L. 100–581, § 212(c), as amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Equal Access to Justice Act (Public Law 96–481, Act of October 1 [21], 1980; 94 Stat. 2325, as amended) shall apply to administrative appeals by tribal organizations regarding self-determination contracts.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–581, § 212(c), as amended by Pub. L. 101–301, § 1(a)(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Equal Access to Justice Act (Public Law 96–481, Act of October 1 [21], 1980; 94 Stat. 2325, as amended) shall apply to administrative appeals by tribal organizations regarding self-determination contracts.”Enacted provision · exact public law section
(c) Subsection (c) of section 110 of the Indian Self-Determination and Education Assistance Act as amended by section 201 of the Indian Self-Determination and Education Assistance Act Amendments of 1988 is further amended to read as follows: “(c) The Equal Access to Justice Act (Pubic Law 96–481, Act of 25 USC 450m–l. October 1, 1980; 92 Stat. 2325, as amended), section 504 of title 5, United States Code, and section 2412 of title 28, United States Code shall apply to administrative appeals pending on or filed after the date of enactment of the Indian Self-Determination and Education Assistance Act Amendments of 1988 by tribal organizations regarding self-determination contracts.”.Pub. L. 101–301 § 1(a)(2) · 104 Stat. 206
Changed · 25 U.S.C. § 5331(a)
Pub. L. 101–301, § 1(a)(2), made technical correction to directory language of Pub. L. 100–581, § 212(a). See 1988 Amendment note below
Source evidence
Code amendment note
Subsec. (a). Pub. L. 101–301, § 1(a)(2), made technical correction to directory language of Pub. L. 100–581, § 212(a). See 1988 Amendment note below.Enacted provision · exact public law section
(2) by striking out “section 201” in subsections (a) and (c) of 25 USC 450m–1. section 212 and inserting in lieu thereof “section 206”;Pub. L. 101–301 § 2(b) · 104 Stat. 206
Amended · 25 U.S.C. § 5331(b)
Pub. L. 101–301, § 2(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Unless otherwise agreed to by the resolution of tribal organization, the Secretary shall not revise or amend a self-determination contract with such tribal organization.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–301, § 2(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Unless otherwise agreed to by the resolution of tribal organization, the Secretary shall not revise or amend a self-determination contract with such tribal organization.”Enacted provision · exact public law section
(b) Subsection (b) of section 110 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450m–1(b)) is amended to read as follows: “(b) The Secretary shall not revise or amend a self-determination contract with a tribal organization without the tribal organization’s consent.”.Pub. L. 101–301 § 1(a)(2) · 104 Stat. 206
Changed · 25 U.S.C. § 5331(c)
Pub. L. 101–301, § 1(a)(2), made technical correction to directory language of Pub. L. 100–581, § 212(c). See 1988 Amendment note below
Source evidence
Code amendment note
Subsec. (c). Pub. L. 101–301, § 1(a)(2), made technical correction to directory language of Pub. L. 100–581, § 212(c). See 1988 Amendment note below.Enacted provision · exact public law section
(2) by striking out “section 201” in subsections (a) and (c) of 25 USC 450m–1. section 212 and inserting in lieu thereof “section 206”;Indian Self-Determination Contract Reform Act of 1994
Pub. L. 103–413 § 104(2) · 108 Stat. 4250
Inserted · 25 U.S.C. § 5331(a)
Pub. L. 103–413, § 104(2), inserted before period at end “(including immediate injunctive relief to reverse a declination finding under section 5321(a)(2) of this title or to compel the Secretary to award and fund an approved self-determination contract)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–413, § 104(2), inserted before period at end “(including immediate injunctive relief to reverse a declination finding under section 5321(a)(2) of this title or to compel the Secretary to award and fund an approved self-determination contract)”.Enacted provision · exact public law section
(2) in section 110(a), by inserting immediately before the period at the end the following: “(including immediate injunctive relief to reverse a declination finding under section 102(a)(2) or to compel the Secretary to award and fund an approved self-determination contract)”; andIndian Self-Determination Contract Reform Act of 1994
Pub. L. 103–413 § 104(3) · 108 Stat. 4250
Inserted · 25 U.S.C. § 5331(d)
Pub. L. 103–413, § 104(3), inserted before period at end “, except that all administrative appeals relating to such contracts shall be heard by the Interior Board of Contract Appeals established pursuant to section 8 of such Act (41 U.S.C. 607)”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 103–413, § 104(3), inserted before period at end “, except that all administrative appeals relating to such contracts shall be heard by the Interior Board of Contract Appeals established pursuant to section 8 of such Act (41 U.S.C. 607)”.Enacted provision · exact public law section
(3) in section 110(d), by inserting immediately before the period at the end the following: “,except that all administrative appeals relating to such contracts shall be heard by the Interior Board of Contract Appeals established pursuant to section 8 of such Act (41 U.S.C. 607)”.
12 of 12 references resolved to an enrolled provision
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 93–638, , 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
The Equal Access to Justice Act, referred to in subsec. (c), is Pub. L. 96–481, title II, , 94 Stat. 2325. For complete classification of this Act to the Code, see Short Title note set out under section 504 of Title 5, Government Organization and Employees, and Tables.
The Interior Board of Contract Appeals established pursuant to section 8 of such Act (41 U.S.C. 607), referred to in subsec. (d), terminated effective 1 year after , pursuant to section 847(g) of Pub. L. 109–163, set out as an Effective Date of 2006 Amendment note under section 5372a of Title 5, Government Organization and Employees. Any reference to such Board to be treated as referring to the Civilian Board of Contract Appeals pursuant to Pub. L. 109–163, div. A, title VIII, § 847(e), , 119 Stat. 3394, formerly set out in a note under section 607 of former Title 41, Public Contracts. The Civilian Board of Contract Appeals was established by section 42 of Pub. L. 93–400 which was classified to section 438 of former Title 41 prior to being repealed and restated as section 7105(b) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), , 124 Stat. 3677, 3855.
The Boards of Contract Appeals of the Department of the Interior or the Department of Health and Human Services, referred to in subsec. (e), terminated effective 1 year after , pursuant to section 847(g) of Pub. L. 109–163, set out as an Effective Date of 2006 Amendment note under section 5372a of Title 5, Government Organization and Employees. Any reference to such Boards to be treated as referring to the Civilian Board of Contract Appeals pursuant to Pub. L. 109–163, div. A, title VIII, § 847(e), , 119 Stat. 3394, formerly set out in a note under section 607 of former Title 41, Public Contracts. The Civilian Board of Contract Appeals was established by section 42 of Pub. L. 93–400 which was classified to section 438 of former Title 41 prior to being repealed and restated as section 7105(b) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), , 124 Stat. 3677, 3855.
, referred to in subsec. (e), was in the original “the date of enactment of these amendments” and “the date of enactment of this subsection”, meaning the date of enactment of the Indian Self-Determination and Education Assistance Act Amendments of 1988, Pub. L. 100–472, which enacted this section.
Codification
Section was formerly classified to section 450m–1 of this title prior to editorial reclassification and renumbering as this section.
In subsec. (d), “Chapter 71 of title 41” substituted for “The Contract Disputes Act (Public Law 95–563, Act of ; 92 Stat. 2383, as amended)” on authority of Pub. L. 111–350, § 6(c), , 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Prior Provisions
A prior section 110 of Pub. L. 93–638 was renumbered section 111 by Pub. L. 100–472 and is classified to section 5332 of this title.
Amendments1988–1994 · 3 rounds
1994
Subsec. (a). Pub. L. 103–413, § 104(2), inserted before period at end “(including immediate injunctive relief to reverse a declination finding under section 5321(a)(2) of this title or to compel the Secretary to award and fund an approved self-determination contract)”.
Subsec. (d). Pub. L. 103–413, § 104(3), inserted before period at end “, except that all administrative appeals relating to such contracts shall be heard by the Interior Board of Contract Appeals established pursuant to section 8 of such Act (41 U.S.C. 607)”.
1990
Subsec. (a). Pub. L. 101–301, § 1(a)(2), made technical correction to directory language of Pub. L. 100–581, § 212(a). See 1988 Amendment note below.
Subsec. (b). Pub. L. 101–301, § 2(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Unless otherwise agreed to by the resolution of tribal organization, the Secretary shall not revise or amend a self-determination contract with such tribal organization.”
Subsec. (c). Pub. L. 101–301, § 1(a)(2), made technical correction to directory language of Pub. L. 100–581, § 212(c). See 1988 Amendment note below.
1988
Subsec. (a). Pub. L. 100–581, § 212(a), as amended by Pub. L. 101–301, § 1(a)(2), substituted “over any civil action” for “over civil action” after “Court of Claims,”.
Subsec. (b). Pub. L. 100–581, § 212(b), substituted “of tribal organization” for “of an Indian tribe” and “such tribal organization” for “such tribe”.
Subsec. (c). Pub. L. 100–581, § 212(c), as amended by Pub. L. 101–301, § 1(a)(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Equal Access to Justice Act (Public Law 96–481, Act of October 1 [21], 1980; 94 Stat. 2325, as amended) shall apply to administrative appeals by tribal organizations regarding self-determination contracts.”
Credits
1988–1994 · 4 acts
- 1988Pub. L. 93–638, title I, § 110, as added Pub. L. 100–472, title II, § 206(a), , 102 Stat. 2294
- 1988amended Pub. L. 100–581, title II, § 212, , 102 Stat. 2941
- 1990Pub. L. 101–301, §§ 1(a)(2), 2(b), , 104 Stat. 206, 207
- 1994Pub. L. 103–413, title I, § 104(2), (3), , 108 Stat. 4268.
Show as published
(Pub. L. 93–638, title I, § 110, as added Pub. L. 100–472, title II, § 206(a), , 102 Stat. 2294; amended Pub. L. 100–581, title II, § 212, , 102 Stat. 2941; Pub. L. 101–301, §§ 1(a)(2), 2(b), , 104 Stat. 206, 207; Pub. L. 103–413, title I, § 104(2), (3), , 108 Stat. 4268.)