§ 450m–1 TITLE 25—INDIANS Page 172

1So in original. Probably should be ‘‘Public’’, ‘‘21,’’, and ‘‘94’’,

respectively.

not taken corrective action as prescribed by the

Secretary to remedy the contract deficiency, except that the appropriate Secretary may, upon

written notice to a tribal organization, and the

tribe served by the tribal organization, immediately rescind a contract or grant, in whole or

in part, and resume control or operation of a

program, activity, function, or service, if the

Secretary finds that (i) there is an immediate

threat of imminent harm to the safety of any

person, or imminent substantial and irreparable

harm to trust funds, trust lands, or interests in

such lands, and (ii) such threat arises from the

failure of the contractor to fulfill the requirements of the contract. In such cases, the Secretary shall provide the tribal organization with

a hearing on the record within ten days or such

later date as the tribal organization may approve. Such Secretary may decline to enter into

a new contract or grant agreement and retain

control of such program, activity, or service

until such time as he is satisfied that the violations of rights or endangerment of health, safety, or welfare which necessitated the rescission

has been corrected. In any hearing or appeal

provided for under this section, the Secretary

shall have the burden of proof to establish, by

clearly demonstrating the validity of the

grounds for rescinding, assuming, or reassuming

the contract that is the subject of the hearing.

Nothing in this section shall be construed as

contravening the Occupational Safety and

Health Act of 1970, as amended [29 U.S.C. 651 et

seq.].

(Pub. L. 93–638, title I, §109, Jan. 4, 1975, 88 Stat.

2212; Pub. L. 100–581, title II, §211, Nov. 1, 1988,

102 Stat. 2941; Pub. L. 101–301, §2(a)(10), May 24,

1990, 104 Stat. 207; Pub. L. 103–413, title I, §104(1),

Oct. 25, 1994, 108 Stat. 4268.)

REFERENCES IN TEXT

Sections 450g and 450h of this title, referred to in

text, was in the original ‘‘sections 103 and 104 of this

Act’’, meaning sections 103 and 104 of Pub. L. 93–638, the

Indian Self-Determination Act. Section 103(a) and (b)

and the first sentence of section 103(c) of Pub. L. 93–638

were repealed, and the remainder of section 103(c) of

Pub. L. 93–638 was redesignated as section 102(d) of Pub.

L. 93–638 (section 450f(d) of this title), by Pub. L.

100–472, title II, §201(b)(1), Oct. 5, 1988, 102 Stat. 2289.

Sections 104 and 105 of Pub. L. 93–638 were renumbered

as sections 103 and 104, respectively, of Pub. L. 93–638 by

sections 202(a) and 203(a) of Pub. L. 100–472, and are

classified to sections 450h and 450i, respectively, of this

title.

The Occupational Safety and Health Act of 1970, as

amended, referred to in text, is Pub. L. 91–596, Dec. 29,

1970, 84 Stat. 1590, as amended, which is classified principally to chapter 15 (§651 et seq.) of Title 29, Labor.

For complete classification of this Act to the Code, see

Short Title note set out under section 651 of Title 29

and Tables.

AMENDMENTS

1994—Pub. L. 103–413 inserted ‘‘or in the management

of trust fund, trust lands or interests in such lands pursuant to such contract or grant agreement,’’ after

‘‘pursuant to such contract or grant agreement,’’ and

‘‘, in whole or in part,’’ after ‘‘rescind such contract or

grant agreement’’, substituted ‘‘action as prescribed by

the Secretary to remedy the contract deficiency, except that the appropriate Secretary may, upon written

notice to a tribal organization, and the tribe served by

the tribal organization, immediately rescind a contract

or grant, in whole or in part, and resume control or operation of a program, activity, function, or service, if

the Secretary finds that (i) there is an immediate

threat of imminent harm to the safety of any person,

or imminent substantial and irreparable harm to trust

funds, trust lands, or interests in such lands, and (ii)

such threat arises from the failure of the contractor to

fulfill the requirements of the contract. In such cases,

the Secretary’’ for ‘‘action as prescribed by him: Provided, That the appropriate Secretary may, upon notice

to a tribal organization, immediately rescind a contract or grant and resume control or operation of a program, activity, or service if he finds that there is an

immediate threat to safety and, in such cases, he’’,

struck out second period after ‘‘the tribal organization

may approve’’, and inserted before last sentence ‘‘In

any hearing or appeal provided for under this section,

the Secretary shall have the burden of proof to establish, by clearly demonstrating the validity of the

grounds for rescinding, assuming, or reassuming the

contract that is the subject of the hearing.’’

1990—Pub. L. 101–301 substituted ‘‘providing notice

and a hearing’’ for ‘‘providing notice and hearing’’.

1988—Pub. L. 100–581 inserted ‘‘on the record’’ after

‘‘providing notice and hearing’’.

Pub. L. 100–581 which directed amendment of this section by substituting ‘‘in such cases, he shall provide

the tribal organization with a hearing on the record

within ten days or such later date as the tribal organization may approve.’’ for ‘‘in such cases, he shall hold

a hearing within ten days thereof’’ was executed by

substituting the new language for ‘‘in such cases, he

shall hold a hearing on such action within ten days

thereof’’ to reflect the probable intent of Congress.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 450b, 450j, 2508,

3307 of this title.

§ 450m–1. Contract disputes and claims

(a) 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 subchapter 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 subchapter. 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 subchapter 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 subchapter or regulations promulgated hereunder (including immediate injunctive relief to reverse a declination

finding under section 450f(a)(2) of this title or to

compel the Secretary to award and fund an approved self-determination contract).

(b) Revision of contracts

The Secretary shall not revise or amend a selfdetermination contract with a tribal organization without the tribal organization’s consent.

(c) 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
Page 173 TITLE 25—INDIANS § 451

amended), section 504 of title 5, and section 2412

of title 28 shall apply to administrative appeals

pending on or filed after October 5, 1988, by tribal organizations regarding self-determination

contracts.

(d) Application of Contract Disputes Act

The Contract Disputes Act (Public Law 95–563,

Act of November 1, 1978; 92 Stat. 2383, as amended) [41 U.S.C. 601 et seq.] 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).

(e) Application of subsection (d)

Subsection (d) of this section shall apply to

any case pending or commenced on or after

March 17, 1986, before the Boards of Contract Appeals of the Department of the Interior or the

Department of Health and Human Services except that in any such cases finally disposed of

before October 5, 1988, the thirty-day period referred to in section 504(a)(2) of title 5 shall be

deemed to commence on October 5, 1988.

(Pub. L. 93–638, title I, §110, as added Pub. L.

100–472, title II, §206(a), Oct. 5, 1988, 102 Stat.

2294; amended Pub. L. 100–581, title II, §212, Nov.

1, 1988, 102 Stat. 2941; Pub. L. 101–301, §§1(a)(2),

2(b), May 24, 1990, 104 Stat. 206, 207; Pub. L.

103–413, title I, §104(2), (3), Oct. 25, 1994, 108 Stat.

4268.)

REFERENCES IN TEXT

The Equal Access to Justice Act, referred to in subsec. (c), is Pub. L. 96–481, title II, Oct. 21, 1980, 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 Contract Disputes Act of 1978, referred to in subsec. (d), is Pub. L. 95–563, Nov. 1, 1978, 92 Stat. 2383, as

amended, which is classified principally to chapter 9

(§601 et seq.) of Title 41, Public Contracts. For complete

classification of this Act to the Code, see Short Title

note set out under section 601 of Title 41 and Tables.

October 5, 1988, 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.

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

450n of this title.

AMENDMENTS

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

450f(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.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 450b, 450f, 450j,

450j–1, 450l, 458cc, 458ff, 3307 of this title.

§ 450n. Sovereign immunity and trusteeship

rights unaffected

Nothing in this subchapter shall be construed

as—

(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. 93–638, title I, §111, formerly §110, Jan.

4, 1975, 88 Stat. 2213; renumbered §111, Pub. L.

100–472, title II, §206(b), Oct. 5, 1988, 102 Stat.

2295.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 450b, 458ff, 2508

of this title.

PART B—CONTRACTS WITH STATES

CODIFICATION

This part, consisting of sections 451 to 457 of this

title, which was previously set out as part of former

subchapter III of this chapter, was not enacted as part

of the Indian Self-Determination and Education Assistance Act which comprises this subchapter.

§ 451. Donations for Indians; use of gifts; annual

report to Congress

The Secretary of the Interior may accept donations of funds or other property for the advancement of the Indian race, and he may use

the donated property in accordance with the

terms of the donation in furtherance of any program authorized by other provision of law for

the benefit of Indians. An annual report shall be

made to the Congress on donations received and

allocations made from such donations. This report shall include administrative costs and

other pertinent data.

(Feb. 14, 1931, ch. 171, 46 Stat. 1106; Pub. L.

90–333, June 8, 1968, 82 Stat. 171.)

CODIFICATION

Section was not enacted as part of the JohnsonO’Malley Act which comprises this part, nor as part of