SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
PART A - INDIAN SELF-DETERMINATION
450. Congressional statement of findings.
- (a) Findings respecting historical and special legal relationship, and
- (b) Further findings.
450a. Congressional declaration of policy.
- (a) Recognition of obligation of United States.
- (b) Declaration of commitment.
- (c) Declaration of national goal.
450a-1. Tribal and Federal advisory committees.
450c. Reporting and audit requirements for recipients of Federal
- (a) Maintenance of records.
- (b) Access to books, documents, papers, and records for audit and
examination by Comptroller General, etc.
- (c) Availability by recipient of required reports and information to
Indian people served or represented.
- (d) Repayment to Treasury by recipient of unexpended or unused funds.
- (e) Annual report to tribes.
- (f) Single-agency audit report; additional information; declination
criteria and procedures.
450d. Criminal activities involving grants, contracts, etc.; penalties.
450e. Wage and labor standards.
- (a) Similar construction in locality.
- (b) Preference requirements for wages and grants.
- (c) Self-determination contracts.
450e-1. Grant and cooperative agreements.
450e-2. Use of excess funds.
PART B - CONTRACTS WITH STATES
450f. Self-determination contracts.
- (a) Request by tribe; authorized programs.
- (b) Procedure upon refusal of request to contract.
- (c) Liability insurance; waiver of defense.
- (d) Tribal organizations and Indian contractors deemed part of Public
- (e) Burden of proof at hearing or appeal declining contract; final
450g. Repealed or Transferred.
450h. Grants to tribal organizations or tribes.
- (a) Request by tribe for contract or grant by Secretary of the
Interior for improving, etc., tribal governmental, contracting, and
program planning activities.
- (b) Grants by Secretary of Health and Human Services for development,
maintenance, etc., of health facilities or services and improvement of
contract capabilities implementing hospital and health facility
- (c) Use as matching shares for other similar Federal grant programs.
- (d) Technical assistance.
- (e) Grants for technical assistance and for planning, etc., Federal
programs for tribe.
450i. Retention of Federal employee coverage, rights and benefits by
employees of tribal organizations.
- (a) to (d) Omitted.
- (e) Eligible employees; Federal employee programs subject to
- (f) Deposit by tribal organization of employee deductions and agency
contributions in appropriate funds.
- (g) Election for retention by employee and tribal organization before
date of employment by tribal organization; transfer of employee to
another tribal organization.
- (h) ''Employee'' defined.
- (i) Promulgation of implementation regulations by President.
- (j) Additional employee employment rights.
- (k), (l) Omitted.
- (m) Conversion to career appointment.
450j. Contract or grant provisions and administration.
- (a) Applicability of Federal contracting laws and regulations; waiver
- (b) Payments; transfer of funds by Treasury for disbursement by tribal
organization; accountability for interest accrued prior to disbursement.
- (c) Term of self-determination contracts; annual renegotiation.
- (d) Calendar year basis for contracts.
- (e) Effective date for retrocession of contract.
- (f) Use of existing school buildings, hospitals, and other facilities
and equipment therein; acquisition and donation of excess or surplus
Government personal property.
- (g) Performance of personal services.
- (h) Fair and uniform provision by tribal organization of services and
assistance to covered Indians.
- (i) Division of administration of program.
- (j) Proposal to redesign program, activity, function, or service.
- (k) Access to Federal sources of supply.
- (l) Lease of facility used for administration and delivery of
- (m) Statutory requirements; technical assistance; precontract
negotiation phase; fixed price construction contract.
- (n) Rental rates for housing for Government employees in Alaska.
450j-1. Contract funding and indirect costs.
- (a) Amount of funds provided.
- (b) Reductions and increases in amount of funds provided.
- (c) Treatment of shortfalls in indirect cost recoveries.
- (d) Liability for indebtedness incurred before fiscal year 1992.
- (e) Limitation on remedies relating to cost disallowances.
- (f) Addition to contract of full amount contractor entitled;
- (g) Indirect costs for contracts for construction programs.
- (h) Indian Health Service and Bureau of Indian Affairs budget
- (i) Use of funds for matching or cost participation requirements.
- (j) Allowable uses of funds without approval of Secretary.
- (k) Suspension, withholding, or delay in payment of funds.
- (l) Use of program income earned.
- (m) Reduction of administrative or other responsibilities of
Secretary; use of savings.
- (n) Rebudgeting by tribal organization.
450j-2. Indian Health Service Funds; permissible uses.
450k. Rules and regulations.
- (a) Authority of Secretaries of the Interior and of Health and Human
Services to promulgate; time restriction.
- (b) Conflicting laws and regulations.
- (c) Revisions and amendments; procedures applicable.
- (d) Consultation in drafting and promulgating; negotiation process;
interagency committees; extension of deadlines.
- (e) Exceptions in or waiver of regulations.
450l. Contract or grant specifications.
- (a) Terms.
- (b) Payments; Federal records.
- (c) Model agreement.
450m. 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.
450m-1. Contract disputes and claims.
- (a) Civil actions; concurrent jurisdiction; relief.
- (b) Revision of contracts.
- (c) Application of laws to administrative appeals.
- (d) Application of Contract Disputes Act.
- (e) Application of subsection (d).
450n. Sovereign immunity and trusteeship rights unaffected.
PART C - INDIAN EDUCATION ASSISTANCE
451. Donations for Indians; use of gifts; annual report to Congress.
452. Contracts for education, medical attention, relief and social
welfare of Indians.
453. Use of Government property by States and Territories.
454. Rules and regulations; minimum standards of service.
455. Contracts for education in public schools; submission of education
plan by contractor as prerequisite; criteria for approval of plan by
Secretary of the Interior; participation by non-Indian students.
456. Local committee of Indian parents in school districts having school
boards composed of non-Indian majority.
- (a) Election; functions.
- (b) Revocation of contracts.
457. Reimbursement to school districts for educating non-resident
PART D - TRIBAL SELF-GOVERNANCE
458. School construction, acquisition, or renovation contracts.
- (a) Authorization; prerequisites.
- (b) Eligibility requirements for assistance in federally-affected
areas; applicability to projects in determining maximum amount,
allocation, of funds, etc.
- (c) Eligibility of private schools to receive funds; maximum amount.
- (d) Duties of State education agencies pursuant to contracts.
- (e) Advisory consultations by Secretary with affected entities and
governing bodies prior to contracts; applicability.
- (f) Evaluation and report to Congress of effectiveness of
construction, etc., programs; scope and content of report.
- (g) Authorization of appropriations.
458a. General education contract and grant provisions and requirements;
school district quality and standards of excellence.
458b. Availability of funds to agencies, institutions, and
458c. Rules and regulations.
- (a) Prerequisites for promulgation.
- (b) Revision and amendment.
458d. Eligibility for funds of tribe or tribal organization controlling
or managing private schools.
458e. Supplemental assistance to funds provided to local educational
458bb. Selection of participating Indian tribes.
- (a) Continuing participation.
- (b) Additional participants.
- (c) Applicant pool.
- (d) Planning phase.
458cc. Funding agreements.
- (a) Authorization.
- (b) Contents.
- (c) Additional activities.
- (d) Provisions relating to Secretary.
- (e) Construction projects.
- (f) Submission for review.
- (g) Payment.
- (h) Civil actions.
- (i) Facilitation.
- (j) Funds.
- (k) Disclaimer.
- (l) Incorporate self-determination provisions.
458dd. Budget request.
- (a) Requirement.
- (b) Contents.
- (c) Report on non-BIA programs.
- (d) Report on Central Office funds.
- (a) Other services, contracts, and funds.
- (b) Federal trust responsibilities.
- (c) Application of other sections of subchapter.
- (a) In general.
- (b) Committee.
- (c) Adaptation of procedures.
- (d) Effect.
458hh. Authorization of appropriations.