Page 167 TITLE 25—INDIANS § 450l

Pub. L. 103–435, which directed substitution of ‘‘Committee on Natural Resources’’ for ‘‘Committee on Interior and Insular Affairs’’ in par. (2), could not be executed because ‘‘Committee on Interior and Insular Affairs’’ did not appear in text subsequent to amendment

by Pub. L. 103–413, §105(1). See below.

Pub. L. 103–413, §105(1), added subsec. (b) and struck

out former subsec. (b) which read as follows:

‘‘(b)(1) Within three months from October 5, 1988, the

Secretary shall consider and formulate appropriate regulations to implement the provisions of this Act, with

the participation of Indian tribes. Such proposed regulations shall contain all Federal requirements applicable to self-determination contracts and grants under

this Act.

‘‘(2) Within six months from October 5, 1988, the Secretary shall present the proposed regulations to the Select Committee on Indian Affairs of the United States

Senate and to the Committee on Interior and Insular

Affairs of the United States House of Representatives.

‘‘(3) Within seven months from October 5, 1988, the

Secretary shall publish proposed regulations in the

Federal Register for the purpose of receiving comments

from tribes and other interested parties.

‘‘(4) Within ten months from October 5, 1988, the Secretary shall promulgate regulations to implement the

provisions of such Act.’’

Subsec. (c). Pub. L. 103–437, §10(c)(2)(B), substituted

‘‘Committee on Energy and Natural Resources of the

Senate and the Committee on Natural Resources of the

House of Representatives’’ for ‘‘Committees on Interior

and Insular Affairs of the United States Senate and

House of Representatives’’.

Subsecs. (d), (e). Pub. L. 103–413, §105(2), added subsecs. (d) and (e).

1990—Subsec. (c). Pub. L. 101–644 inserted ‘‘, with the

participation of Indian tribes and tribal organizations,’’

after ‘‘authorized’’.

1988—Subsec. (a). Pub. L. 100–472, §207(a), substituted

‘‘Health and Human Services’’ for ‘‘Health, Education,

and Welfare’’, and inserted proviso relating to promulgation of Federal requirements for self-determination

contracts as regulations.

Subsec. (b). Pub. L. 100–472, §207(b), amended subsec.

(b) generally. Prior to amendment, subsec. (b) read as

follows:

‘‘(1) Within six months from January 4, 1975, the Secretary of the Interior and the Secretary of Health and

Human Services shall each to the extent practicable,

consult with national and regional Indian organizations to consider and formulate appropriate rules and

regulations to implement the provisions of this subchapter.

‘‘(2) Within seven months from January 4, 1975, the

Secretary of the Interior and the Secretary of Health

and Human Services shall each present the proposed

rules and regulations to the Committees on Interior

and Insular Affairs of the United States Senate and

House of Representatives.

‘‘(3) Within eight months from January 4, 1975, the

Secretary of the Interior and the Secretary of Health

and Human Services shall publish proposed rules and

regulations in the Federal Register for the purpose of

receiving comments from interested parties.

‘‘(4) Within ten months from January 4, 1975, the Secretary of the Interior and the Secretary of Health and

Human Services shall promulgate rules and regulations

to implement the provisions of this subchapter.’’

CHANGE OF NAME

‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsec. (c), pursuant to section 509(b) of Pub.

L. 96–88, which is classified to section 3508(b) of Title 20,

Education.

Committee on Natural Resources of House of Representatives treated as referring to Committee on Resources of House of Representatives by section 1(a) of

Pub. L. 104–14, set out as a note preceding section 21 of

Title 2, The Congress.

EFFECTIVE DATE AND CONSTRUCTION OF 1996

AMENDMENT

Section 6(e) of Pub. L. 104–287 provided that: ‘‘Effective November 2, 1994, section 10(c)(2)(A) of the Act of

November 2, 1994 (Public Law 103–437, 108 Stat. 4589)

[amending this section], is repealed and section 107(b)

of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450k(b)), as amended by section

105(1) of the Indian Self-Determination Act (Public Law

103–413, 108 Stat. 4269), is revived and shall read as if

section 10(c)(2)(A) of the Act of November 2, 1994 (Public Law 103–437, 108 Stat. 4589), had not been enacted.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 450b, 450h of

this title.

§ 450l. Contract or grant specifications

(a) Terms

Each self-determination contract entered into

under this subchapter shall—

(1) contain, or incorporate by reference, the

provisions of the model agreement described

in subsection (c) of this section (with modifications where indicated and the blanks appropriately filled in), and

(2) contain such other provisions as are

agreed to by the parties.

(b) Payments; Federal records

Notwithstanding any other provision of law,

the Secretary may make payments pursuant to

section 1(b)(6) of such model agreement. As provided in section 1(b)(7) of the model agreement,

the records of the tribal government or tribal

organization specified in such section shall not

be considered Federal records for purposes of

chapter 5 of title 5.

(c) Model agreement

The model agreement referred to in subsection

(a)(1) of this section reads as follows:

‘‘SECTION 1. AGREEMENT BETWEEN THE SECRETARY AND THE llllll TRIBAL GOVERNMENT.

‘‘(a) AUTHORITY AND PURPOSE.—

‘‘(1) AUTHORITY.—This agreement, denoted a

Self-Determination Contract (referred to in

this agreement as the ‘Contract’), is entered

into by the Secretary of the Interior or the

Secretary of Health and Human Services (referred to in this agreement as the ‘Secretary’),

for and on behalf of the United States pursuant to title I of the Indian Self-Determination

and Education Assistance Act (25 U.S.C. 450 et

seq.) and by the authority of the llllll

tribal government or tribal organization (referred to in this agreement as the ‘Contractor’). The provisions of title I of the Indian

Self-Determination and Education Assistance

Act (25 U.S.C. 450 et seq.) are incorporated in

this agreement.

‘‘(2) PURPOSE.—Each provision of the Indian

Self-Determination and Education Assistance

Act (25 U.S.C. 450 et seq.) and each provision of

this Contract shall be liberally construed for

the benefit of the Contractor to transfer the

funding and the following related functions,

services, activities, and programs (or portions

thereof), that are otherwise contractable

under section 102(a) of such Act, including all

related administrative functions, from the
§ 450l TITLE 25—INDIANS Page 168

Federal Government to the Contractor: (List

functions, services, activities, and programs).

‘‘(b) TERMS, PROVISIONS, AND CONDITIONS.—

‘‘(1) TERM.—Pursuant to section 105(c)(1) of

the Indian Self-Determination and Education

Assistance Act (25 U.S.C. 450j(c)(1)), the term

of this contract shall be ll years. Pursuant

to section 105(d)(1) of such Act (25 U.S.C.

450j(d)), upon the election by the Contractor,

the period of this Contract shall be determined

on the basis of a calendar year, unless the Secretary and the Contractor agree on a different

period in the annual funding agreement incorporated by reference in subsection (f)(2).

‘‘(2) EFFECTIVE DATE.—This Contract shall

become effective upon the date of the approval

and execution by the Contractor and the Secretary, unless the Contractor and the Secretary agree on an effective date other than

the date specified in this paragraph.

‘‘(3) PROGRAM STANDARD.—The Contractor

agrees to administer the program, services,

functions and activities (or portions thereof)

listed in subsection (a)(2) of the Contract in

conformity with the following standards: (list

standards).

‘‘(4) FUNDING AMOUNT.—Subject to the availability of appropriations, the Secretary shall

make available to the Contractor the total

amount specified in the annual funding agreement incorporated by reference in subsection

(f)(2). Such amount shall not be less than the

applicable amount determined pursuant to

section 106(a) of the Indian Self-Determination

and Education Assistance Act (25 U.S.C.

450j–1).

‘‘(5) LIMITATION OF COSTS.—The Contractor

shall not be obligated to continue performance

that requires an expenditure of funds in excess

of the amount of funds awarded under this

Contract. If, at any time, the Contractor has

reason to believe that the total amount required for performance of this Contract or a

specific activity conducted under this Contract would be greater than the amount of

funds awarded under this Contract, the Contractor shall provide reasonable notice to the

appropriate Secretary. If the appropriate Secretary does not take such action as may be

necessary to increase the amount of funds

awarded under this Contract, the Contractor

may suspend performance of the Contract

until such time as additional funds are awarded.

‘‘(6) PAYMENT.—

‘‘(A) IN GENERAL.—Payments to the Contractor under this Contract shall—

‘‘(i) be made as expeditiously as practicable; and

‘‘(ii) include financial arrangements to

cover funding during periods covered by

joint resolutions adopted by Congress

making continuing appropriations, to the

extent permitted by such resolutions.

‘‘(B) QUARTERLY, SEMIANNUAL, LUMP-SUM,

AND OTHER METHODS OF PAYMENT.—

‘‘(i) IN GENERAL.—Pursuant to section

108(b) of the Indian Self-Determination

and Education Assistance Act, and notwithstanding any other provision of law,

for each fiscal year covered by this Contract, the Secretary shall make available

to the Contractor the funds specified for

the fiscal year under the annual funding

agreement incorporated by reference pursuant to subsection (f)(2) by paying to the

Contractor, on a quarterly basis, one-quarter of the total amount provided for in the

annual funding agreement for that fiscal

year, in a lump-sum payment or as semiannual payments, or any other method of

payment authorized by law, in accordance

with such method as may be requested by

the Contractor and specified in the annual

funding agreement.

‘‘(ii) METHOD OF QUARTERLY PAYMENT.—If

quarterly payments are specified in the

annual funding agreement incorporated by

reference pursuant to subsection (f)(2),

each quarterly payment made pursuant to

clause (i) shall be made on the first day of

each quarter of the fiscal year, except that

in any case in which the Contract year coincides with the Federal fiscal year, payment for the first quarter shall be made

not later than the date that is 10 calendar

days after the date on which the Office of

Management and Budget apportions the

appropriations for the fiscal year for the

programs, services, functions, and activities subject to this Contract.

‘‘(iii) APPLICABILITY.—Chapter 39 of title

31, United States Code, shall apply to the

payment of funds due under this Contract

and the annual funding agreement referred

to in clause (i).

‘‘(7) RECORDS AND MONITORING.—

‘‘(A) IN GENERAL.—Except for previously

provided copies of tribal records that the

Secretary demonstrates are clearly required

to be maintained as part of the recordkeeping system of the Department of the Interior or the Department of Health and

Human Services (or both), records of the

Contractor shall not be considered Federal

records for purposes of chapter 5 of title 5,

United States Code.

‘‘(B) RECORDKEEPING SYSTEM.—The Contractor shall maintain a recordkeeping system and, upon reasonable advance request,

provide reasonable access to such records to

the Secretary.

‘‘(C) RESPONSIBILITIES OF CONTRACTOR.—

The Contractor shall be responsible for managing the day-to-day operations conducted

under this Contract and for monitoring activities conducted under this Contract to ensure compliance with the Contract and applicable Federal requirements. With respect

to the monitoring activities of the Secretary, the routine monitoring visits shall

be limited to not more than one performance

monitoring visit for this Contract by the

head of each operating division, departmental bureau, or departmental agency, or

duly authorized representative of such head

unless—

‘‘(i) the Contractor agrees to one or more

additional visits; or

‘‘(ii) the appropriate official determines

that there is reasonable cause to believe
Page 169 TITLE 25—INDIANS § 450l

that grounds for reassumption of the Contract, suspension of Contract payments, or

other serious Contract performance deficiency may exist.

No additional visit referred to in clause (ii)

shall be made until such time as reasonable

advance notice that includes a description of

the nature of the problem that requires the

additional visit has been given to the Contractor.

‘‘(8) PROPERTY.—

‘‘(A) IN GENERAL.—As provided in section

105(f) of the Indian Self-Determination and

Education Assistance Act (25 U.S.C. 450j(f)),

at the request of the Contractor, the Secretary may make available, or transfer to

the Contractor, all reasonably divisible real

property, facilities, equipment, and personal

property that the Secretary has used to provide or administer the programs, services,

functions, and activities covered by this

Contract. A mutually agreed upon list specifying the property, facilities, and equipment

so furnished shall also be prepared by the

Secretary, with the concurrence of the Contractor, and periodically revised by the Secretary, with the concurrence of the Contractor.

‘‘(B) RECORDS.—The Contractor shall

maintain a record of all property referred to

in subparagraph (A) or other property acquired by the Contractor under section

105(f)(2)(A) of such Act for purposes of replacement.

‘‘(C) JOINT USE AGREEMENTS.—Upon the request of the Contractor, the Secretary and

the Contractor shall enter into a separate

joint use agreement to address the shared

use by the parties of real or personal property that is not reasonably divisible.

‘‘(D) ACQUISITION OF PROPERTY.—The Contractor is granted the authority to acquire

such excess property as the Contractor may

determine to be appropriate in the judgment

of the Contractor to support the programs,

services, functions, and activities operated

pursuant to this Contract.

‘‘(E) CONFISCATED OR EXCESS PROPERTY.—

The Secretary shall assist the Contractor in

obtaining such confiscated or excess property as may become available to tribes, tribal organizations, or local governments.

‘‘(F) SCREENER IDENTIFICATION CARD.—A

screener identification card (General Services Administration form numbered 2946)

shall be issued to the Contractor not later

than the effective date of this Contract. The

designated official shall, upon request, assist

the Contractor in securing the use of the

card.

‘‘(G) CAPITAL EQUIPMENT.—The Contractor

shall determine the capital equipment,

leases, rentals, property, or services the

Contractor requires to perform the obligations of the Contractor under this subsection, and shall acquire and maintain

records of such capital equipment, property

rentals, leases, property, or services through

applicable procurement procedures of the

Contractor.

‘‘(9) AVAILABILITY OF FUNDS.—Notwithstanding any other provision of law, any funds provided under this Contract—

‘‘(A) shall remain available until expended;

and

‘‘(B) with respect to such funds, no further—

‘‘(i) approval by the Secretary, or

‘‘(ii) justifying documentation from the

Contractor,

shall be required prior to the expenditure of

such funds.

‘‘(10) TRANSPORTATION.—Beginning on the effective date of this Contract, the Secretary

shall authorize the Contractor to obtain interagency motor pool vehicles and related services for performance of any activities carried

out under this Contract.

‘‘(11) FEDERAL PROGRAM GUIDELINES, MANUALS, OR POLICY DIRECTIVES.—Except as specifically provided in the Indian Self-Determination and Education Assistance Act (25 U.S.C.

450 et seq.) the Contractor is not required to

abide by program guidelines, manuals, or policy directives of the Secretary, unless otherwise agreed to by the Contractor and the Secretary, or otherwise required by law.

‘‘(12) DISPUTES.—

‘‘(A) THIRD-PARTY MEDIATION DEFINED.—

For the purposes of this Contract, the term

‘third-party mediation’ means a form of mediation whereby the Secretary and the Contractor nominate a third party who is not

employed by or significantly involved with

the Secretary of the Interior, the Secretary

of Health and Human Services, or the Contractor, to serve as a third-party mediator

to mediate disputes under this Contract.

‘‘(B) ALTERNATIVE PROCEDURES.—In addition to, or as an alternative to, remedies and

procedures prescribed by section 110 of the

Indian Self-Determination and Education

Assistance Act (25 U.S.C. 450m–1), the parties

to this Contract may jointly—

‘‘(i) submit disputes under this Contract

to third-party mediation;

‘‘(ii) submit the dispute to the adjudicatory body of the Contractor, including the

tribal court of the Contractor;

‘‘(iii) submit the dispute to mediation

processes provided for under the laws, policies, or procedures of the Contractor; or

‘‘(iv) use the administrative dispute resolution processes authorized in subchapter

IV of chapter 5 of title 5, United States

Code.

‘‘(C) EFFECT OF DECISIONS.—The Secretary

shall be bound by decisions made pursuant

to the processes set forth in subparagraph

(B), except that the Secretary shall not be

bound by any decision that significantly

conflicts with the interests of Indians or the

United States.

‘‘(13) ADMINISTRATIVE PROCEDURES OF CONTRACTOR.—Pursuant to the Indian Civil Rights

Act of 1968 (25 U.S.C. 1301 et seq.), the laws,

policies, and procedures of the Contractor

shall provide for administrative due process

(or the equivalent of administrative due process) with respect to programs, services, func-
§ 450l TITLE 25—INDIANS Page 170

tions, and activities that are provided by the

Contractor pursuant to this Contract.

‘‘(14) SUCCESSOR ANNUAL FUNDING AGREEMENT.—

‘‘(A) IN GENERAL.—Negotiations for a successor annual funding agreement, provided

for in subsection (f)(2), shall begin not later

than 120 days prior to the conclusion of the

preceding annual funding agreement. Except

as provided in section 105(c)(2) of the Indian

Self-Determination and Education Assistance Act (25 U.S.C. 450j(c)(2)) the funding for

each such successor annual funding agreement shall only be reduced pursuant to section 106(b) of such Act (25 U.S.C. 450j–1(b)).

‘‘(B) INFORMATION.—The Secretary shall

prepare and supply relevant information,

and promptly comply with any request by

the Contractor for information that the Contractor reasonably needs to determine the

amount of funds that may be available for a

successor annual funding agreement, as provided for in subsection (f)(2) of this Contract.

‘‘(15) CONTRACT REQUIREMENTS; APPROVAL BY

SECRETARY.—

‘‘(A) IN GENERAL.—Except as provided in

subparagraph (B), for the term of the Contract, section 2103 of the Revised Statutes

(25 U.S.C. 81) and section 16 of the Act of

June 18, 1934 (48 Stat. 987, chapter 576; 25

U.S.C. 476), shall not apply to any contract

entered into in connection with this Contract.

‘‘(B) REQUIREMENTS.—Each Contract entered into by the Contractor with a third

party in connection with performing the obligations of the Contractor under this Contract shall—

‘‘(i) be in writing;

‘‘(ii) identify the interested parties, the

authorities of such parties, and purposes of

the Contract;

‘‘(iii) state the work to be performed

under the Contract; and

‘‘(iv) state the process for making any

claim, the payments to be made, and the

terms of the Contract, which shall be

fixed.

‘‘(c) OBLIGATION OF THE CONTRACTOR.—

‘‘(1) CONTRACT PERFORMANCE.—Except as provided in subsection (d)(2), the Contractor shall

perform the programs, services, functions, and

activities as provided in the annual funding

agreement under subsection (f)(2) of this Contract.

‘‘(2) AMOUNT OF FUNDS.—The total amount of

funds to be paid under this Contract pursuant

to section 106(a) shall be determined in an annual funding agreement entered into between

the Secretary and the Contractor, which shall

be incorporated into this Contract.

‘‘(3) CONTRACTED PROGRAMS.—Subject to the

availability of appropriated funds, the Contractor shall administer the programs, services, functions, and activities identified in this

Contract and funded through the annual funding agreement under subsection (f)(2).

‘‘(4) TRUST SERVICES FOR INDIVIDUAL INDIANS.—

‘‘(A) IN GENERAL.—To the extent that the

annual funding agreement provides funding

for the delivery of trust services to individual Indians that have been provided by the

Secretary, the Contractor shall maintain at

least the same level of service as the Secretary provided for such individual Indians,

subject to the availability of appropriated

funds for such services.

‘‘(B) TRUST SERVICES TO INDIVIDUAL INDIANS.—For the purposes of this paragraph

only, the term ‘trust services for individual

Indians’ means only those services that pertain to land or financial management connected to individually held allotments.

‘‘(5) FAIR AND UNIFORM SERVICES.—The Contractor shall provide services under this Contract in a fair and uniform manner and shall

provide access to an administrative or judicial

body empowered to adjudicate or otherwise resolve complaints, claims, and grievances

brought by program beneficiaries against the

Contractor arising out of the performance of

the Contract.

‘‘(d) OBLIGATION OF THE UNITED STATES.—

‘‘(1) TRUST RESPONSIBILITY.—

‘‘(A) IN GENERAL.—The United States

reaffirms the trust responsibility of the

United States to the llllll Indian

tribe(s) to protect and conserve the trust resources of the Indian tribe(s) and the trust

resources of individual Indians.

‘‘(B) CONSTRUCTION OF CONTRACT.—Nothing

in this Contract may be construed to terminate, waive, modify, or reduce the trust responsibility of the United States to the

tribe(s) or individual Indians. The Secretary

shall act in good faith in upholding such

trust responsibility.

‘‘(2) GOOD FAITH.—To the extent that health

programs are included in this Contract, and

within available funds, the Secretary shall act

in good faith in cooperating with the Contractor to achieve the goals set forth in the Indian

Health Care Improvement Act (25 U.S.C. 1601

et seq.).

‘‘(3) PROGRAMS RETAINED.—As specified in

the annual funding agreement, the United

States hereby retains the programs, services,

functions, and activities with respect to the

tribe(s) that are not specifically assumed by

the Contractor in the annual funding agreement under subsection (f)(2).

‘‘(e) OTHER PROVISIONS.—

‘‘(1) DESIGNATED OFFICIALS.—Not later than

the effective date of this Contract, the United

States shall provide to the Contractor, and the

Contractor shall provide to the United States,

a written designation of a senior official to

serve as a representative for notices, proposed

amendments to the Contract, and other purposes for this Contract.

‘‘(2) CONTRACT MODIFICATIONS OR AMENDMENT.—

‘‘(A) IN GENERAL.—Except as provided in

subparagraph (B), no modification to this

Contract shall take effect unless such modification is made in the form of a written

amendment to the Contract, and the Contractor and the Secretary provide written

consent for the modification.
Page 171 TITLE 25—INDIANS § 450m

1See References in Text note below.

‘‘(B) EXCEPTION.—The addition of supplemental funds for programs, functions, and

activities (or portions thereof) already included in the annual funding agreement

under subsection (f)(2), and the reduction of

funds pursuant to section 106(b)(2), shall not

be subject to subparagraph (A).

‘‘(3) OFFICIALS NOT TO BENEFIT.—No Member

of Congress, or resident commissioner, shall be

admitted to any share or part of any contract

executed pursuant to this Contract, or to any

benefit that may arise from such contract.

This paragraph may not be construed to apply

to any contract with a third party entered

into under this Contract if such contract is

made with a corporation for the general benefit of the corporation.

‘‘(4) COVENANT AGAINST CONTINGENT FEES.—

The parties warrant that no person or selling

agency has been employed or retained to solicit or secure any contract executed pursuant

to this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide

employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business.

‘‘(f) ATTACHMENTS.—

‘‘(1) APPROVAL OF CONTRACT.—Unless previously furnished to the Secretary, the resolution of the llllll Indian tribe(s) authorizing the contracting of the programs, services, functions, and activities identified in this

Contract is attached to this Contract as attachment 1.

‘‘(2) ANNUAL FUNDING AGREEMENT.—

‘‘(A) IN GENERAL.—The annual funding

agreement under this Contract shall only

contain—

‘‘(i) terms that identify the programs,

services, functions, and activities to be

performed or administered, the general

budget category assigned, the funds to be

provided, and the time and method of payment; and

‘‘(ii) such other provisions, including a

brief description of the programs, services,

functions, and activities to be performed

(including those supported by financial resources other than those provided by the

Secretary), to which the parties agree.

‘‘(B) INCORPORATION BY REFERENCE.—The

annual funding agreement is hereby incorporated in its entirety in this Contract and

attached to this Contract as attachment 2.’’

(Pub. L. 93–638, title I, §108, as added Pub. L.

103–413, title I, §103, Oct. 25, 1994, 108 Stat. 4260.)

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act, referred to in section 1(a), (b)(6)(B)(i), (11) of

the provisions of subsec. (c) setting out the model

agreement, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203,

as amended, which is classified principally to this subchapter (§450 et seq.). Title I of the Act is classified

principally to this part (§450f et seq.). Section 102(a) of

the Act is classified to section 450f(a) of this title. Section 108(b) of the Act is classified to subsec. (b) of this

section. For complete classification of this Act to the

Code, see Short Title note set out under section 450 of

this title and Tables.

The Indian Civil Rights Act of 1968, referred to in section 1(b)(13) of the provisions of subsec. (c) setting out

the model agreement, is title II of Pub. L. 90–284, Apr.

11, 1968, 82 Stat. 77, as amended, which is classified generally to subchapter I (§1301 et seq.) of chapter 15 of

this title. For complete classification of this Act to the

Code, see Tables.

The Indian Health Care Improvement Act, referred to

in section 1(d)(2) of the provisions of subsec. (c) setting

out the model agreement, is Pub. L. 94–437, Sept. 30,

1976, 90 Stat. 1400, as amended, which is classified principally to chapter 18 (§1601 et seq.) of this title. For

complete classification of this Act to the Code, see

Short Title note set out under section 1601 of this title

and Tables.

PRIOR PROVISIONS

A prior section 450l, Pub. L. 93–638, title I, §108, Jan.

4, 1975, 88 Stat. 2212, which related to report by tribe requesting contract or grant, was renumbered section 5(f)

of Pub. L. 93–638, by Pub. L. 100–472, title II, §208, Oct.

5, 1988, 102 Stat. 2296, and is classified to section 450c(f)

of this title.

QUARTERLY PAYMENTS OF FUNDS TO TRIBES

Pub. L. 105–83, title III, §311, Nov. 14, 1997, 111 Stat.

1590, provided that: ‘‘Notwithstanding Public Law

103–413 [see Short Title of 1994 Amendment note set out

under section 450 of this title], quarterly payments of

funds to tribes and tribal organizations under annual

funding agreements pursuant to section 108 of Public

Law 93–638 [25 U.S.C. 450l], as amended, beginning in fiscal year 1998 and therafter, [sic] may be made on the

first business day following the first day of a fiscal

quarter.’’

Similar provisions were contained in the following

prior appropriation acts:

Pub. L. 104–208, div. A, title I, §101(d) [title III, §311],

Sept. 30, 1996, 110 Stat. 3009–181, 3009–221.

Pub. L. 104–134, title I, §101(c) [title III, §311], Apr. 26,

1996, 110 Stat. 1321–156, 1321–197; renumbered title I,

Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 450j of this title.

§ 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

Each contract or grant agreement entered

into pursuant to sections 450f, 450g, and 450h1 of

this title 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, or in the management of trust fund,

trust lands or interests in such lands pursuant

to such contract or grant agreement, such Secretary may, under regulations prescribed by him

and after providing notice and a hearing on the

record to such tribal organization, rescind such

contract or grant agreement, in whole or in

part, and assume or resume control or operation

of the program, activity, or service involved if

he determines that the tribal organization has