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SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE

  • § 450. Congressional statement of findings.
    • (a) Findings respecting historical and special legal relationship, and resultant responsibilities.
    • (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.
  • § 450b. Definitions.
  • § 450c. Reporting and audit requirements for recipients of Federal financial assistance.
    • (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 A - INDIAN SELF-DETERMINATION
  • § 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 Health Service.
    • (e) Burden of proof at hearing or appeal declining contract; final agency action.
  • § 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 Repealed or Transferred.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 functions.
    • (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 retention.
    • (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 of requirements.
    • (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 services.
    • (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; adjustment.
    • (g) Indirect costs for contracts for construction programs.
    • (h) Indian Health Service and Bureau of Indian Affairs budget consultations.
    • (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 B - CONTRACTS WITH STATES
  • § 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 students.
PART C - INDIAN EDUCATION ASSISTANCE
  • § 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 organizations.
  • § 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 agencies.
PART D - TRIBAL SELF-GOVERNANCE
  • § 458aa. Establishment.
  • § 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.
  • § 458ee. Reports.
    • (a) Requirement.
    • (b) Contents.
    • (c) Report on non-BIA programs.
    • (d) Report on Central Office funds.
  • § 458ff. Disclaimers.
    • (a) Other services, contracts, and funds.
    • (b) Federal trust responsibilities.
    • (c) Application of other sections of subchapter.
  • § 458gg. Regulations.
    • (a) In general.
    • (b) Committee.
    • (c) Adaptation of procedures.
    • (d) Effect.
  • § 458hh. Authorization of appropriations.

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