SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
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450. Congressional statement of findings.
- (a) Findings respecting historical and special legal relationship, and
resultant responsibilities.
- (b) Further findings.
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450a. Congressional declaration of policy.
- (a) Recognition of obligation of United States.
- (b) Declaration of commitment.
- (c) Declaration of national goal.
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450a-1. Tribal and Federal advisory committees.
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450b. Definitions.
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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.
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450d. Criminal activities involving grants, contracts, etc.; penalties.
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450e. Wage and labor standards.
- (a) Similar construction in locality.
- (b) Preference requirements for wages and grants.
- (c) Self-determination contracts.
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450e-1. Grant and cooperative agreements.
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450e-2. Use of excess funds.
PART A - INDIAN SELF-DETERMINATION
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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.
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450g. Repealed or Transferred.
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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.
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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.
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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.
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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.
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450j-2. Indian Health Service Funds; permissible uses.
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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.
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450l. Contract or grant specifications.
- (a) Terms.
- (b) Payments; Federal records.
- (c) Model agreement.
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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.
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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).
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450n. Sovereign immunity and trusteeship rights unaffected.
PART B - CONTRACTS WITH STATES
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451. Donations for Indians; use of gifts; annual report to Congress.
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452. Contracts for education, medical attention, relief and social
welfare of Indians.
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453. Use of Government property by States and Territories.
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454. Rules and regulations; minimum standards of service.
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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.
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456. Local committee of Indian parents in school districts having school
boards composed of non-Indian majority.
- (a) Election; functions.
- (b) Revocation of contracts.
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457. Reimbursement to school districts for educating non-resident
students.
PART C - INDIAN EDUCATION ASSISTANCE
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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.
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458a. General education contract and grant provisions and requirements;
school district quality and standards of excellence.
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458b. Availability of funds to agencies, institutions, and
organizations.
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458c. Rules and regulations.
- (a) Prerequisites for promulgation.
- (b) Revision and amendment.
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458d. Eligibility for funds of tribe or tribal organization controlling
or managing private schools.
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458e. Supplemental assistance to funds provided to local educational
agencies.
PART D - TRIBAL SELF-GOVERNANCE
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458aa. Establishment.
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458bb. Selection of participating Indian tribes.
- (a) Continuing participation.
- (b) Additional participants.
- (c) Applicant pool.
- (d) Planning phase.
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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.
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458dd. Budget request.
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458ee. Reports.
- (a) Requirement.
- (b) Contents.
- (c) Report on non-BIA programs.
- (d) Report on Central Office funds.
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458ff. Disclaimers.
- (a) Other services, contracts, and funds.
- (b) Federal trust responsibilities.
- (c) Application of other sections of subchapter.
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458gg. Regulations.
- (a) In general.
- (b) Committee.
- (c) Adaptation of procedures.
- (d) Effect.
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458hh. Authorization of appropriations.
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