§ 450i TITLE 25—INDIANS Page 156

§ 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

Notwithstanding the provisions of sections

8347(o), 8713, and 8914 of title 5, executive order,

or administrative regulation, an employee serving under an appointment not limited to one

year or less who leaves Federal employment to

be employed by a tribal organization, the city of

St. Paul, Alaska, the city of St. George, Alaska,

upon incorporation, or the Village Corporations

of St. Paul and St. George Islands established

pursuant to section 1607 of title 43, in connection

with governmental or other activities which are

or have been performed by employees in or for

Indian communities is entitled, if the employee

and the tribal organization so elect, to the following:

(1) To retain coverage, rights, and benefits

under subchapter I of chapter 81 (‘‘Compensation for Work Injuries’’) of title 5, and for this

purpose his employment with the tribal organization shall be deemed employment by the

United States. However, if an injured employee, or his dependents in case of his death,

receives from the tribal organization any payment (including an allowance, gratuity, payment under an insurance policy for which the

premium is wholly paid by the tribal organization, or other benefit of any kind) on account

of the same injury or death, the amount of

that payment shall be credited against any

benefit payable under subchapter I of chapter

81 of title 5, as follows:

(A) payments on account of injury or disability shall be credited against disability

compensation payable to the injured employee; and

(B) payments on account of death shall be

credited against death compensation payable to dependents of the deceased employee.

(2) To retain coverage, rights, and benefits

under chapter 83 (‘‘Retirement’’) or chapter 84

(‘‘Federal Employees Retirement System’’) of

title 5, if necessary employee deductions and

agency contributions in payment for coverage,

rights, and benefits for the period of employment with the tribal organization are currently deposited in the Civil Service Retirement and Disability Fund (section 8348 of title

5); and the period during which coverage,

rights, and benefits are retained under this

paragraph is deemed creditable service under

section 8332 of title 5. Days of unused sick

leave to the credit of an employee under a formal leave system at the time the employee

leaves Federal employment to be employed by

a tribal organization remain to his credit for

retirement purposes during covered service

with the tribal organization.

(3) To retain coverage, rights, and benefits

under chapter 89 (‘‘Health Insurance’’) of title

5, if necessary employee deductions and agency contributions in payment for the coverage,

rights, and benefits for the period of employment with the tribal organization are currently deposited in the Employee’s Health

Benefit Fund (section 8909 of title 5); and the

period during which coverage, rights, and benefits are retained under this paragraph is

deemed service as an employee under chapter

89 of title 5.

(4) To retain coverage, rights, and benefits

under chapter 87 (‘‘Life Insurance’’) of title 5,

if necessary employee deductions and agency

contributions in payment for the coverage,

rights, and benefits for the period of employment with the tribal organizations are currently deposited in the Employee’s Life Insurance Fund (section 8714 of title 5); and the period during which coverage, rights, and benefits are retained under this paragraph is

deemed service as an employee under chapter

87 of title 5.

(f) Deposit by tribal organization of employee deductions and agency contributions in appropriate funds

During the period an employee is entitled to

the coverage, rights, and benefits pursuant to

the preceding subsection, the tribal organization

employing such employee shall deposit currently in the appropriate funds the employee deductions and agency contributions required by

paragraphs (2), (3), and (4) of such preceding subsection.

(g) Election for retention by employee and tribal

organization before date of employment by

tribal organization; transfer of employee to

another tribal organization

An employee who is employed by a tribal organization under subsection (e) of this section and

such tribal organization shall make the election

to retain the coverages, rights, and benefits in

paragraphs (1), (2), (3), and (4) of such subsection

(e) before the date of his employment by a tribal

organization. An employee who is employed by a

tribal organization under subsection (e) of this

section shall continue to be entitled to the benefits of such subsection if he is employed by another tribal organization to perform service in

activities of the type described in such subsection.

(h) ‘‘Employee’’ defined

For the purposes of subsections (e), (f), and (g)

of this section, the term ‘‘employee’’ means an

employee as defined in section 2105 of title 5.

(i) Promulgation of implementation regulations

by President

The President may prescribe regulations necessary to carry out the provisions of subsections

(e), (f), (g), and (h) of this section and to protect

and assure the compensation, retirement, insurance, leave, reemployment rights, and such

other similar civil service employment rights as

he finds appropriate.

(j) Additional employee employment rights

Anything in sections 205 and 207 of title 18 to

the contrary notwithstanding, officers and employees of the United States assigned to an Indian tribe as authorized under section 3372 of

title 5, or section 48 of this title and former officers and employees of the United States employed by Indian tribes may act as agents or attorneys for or appear on behalf of such tribes in
Page 157 TITLE 25—INDIANS § 450i

1So in original. Probably should be ‘‘with’’.

connection wth1 any matter pending before any

department, agency, court, or commission, including any matter in which the United States

is a party or has a direct and substantial interest: Provided, That each such officer or employee

or former officer or employee must advise in

writing the head of the department, agency,

court, or commission with which he is dealing or

appearing on behalf of the tribe of any personal

and substantial involvement he may have had as

an officer or employee of the United States in

connection with the matter involved.

(k), (l) Omitted

(m) Conversion to career appointment

The status of an Indian (as defined in section

479 of this title) appointed (except temporary appointments) to the Federal service under an excepted appointment under the authority of section 472 of this title, or any other provision of

law granting a preference to Indians in personnel actions, shall be converted to a career appointment in the competitive service after three

years of continuous service and satisfactory performance. The conversion shall not alter the Indian’s eligibility for preference in personnel actions.

(Pub. L. 93–638, title I, §104, formerly §105, Jan.

4, 1975, 88 Stat. 2208; Pub. L. 89–702, title II,

§210(a), as added Pub. L. 98–129, §2, Oct. 14, 1983,

97 Stat. 843; Pub. L. 99–221, §3(a), Dec. 26, 1985, 99

Stat. 1735; renumbered §104 and amended Pub. L.

100–472, title II, §203, Oct. 5, 1988, 102 Stat. 2290;

Pub. L. 101–301, §2(a)(6), May 24, 1990, 104 Stat.

206.)

CODIFICATION

Section is comprised of section 104 of Pub. L. 93–638.

Subsecs. (a) to (d) of section 104 of Pub. L. 93–638 are

classified to section 3371 of Title 5, Government Organization and Employees, section 2004b of Title 42, The

Public Health and Welfare, section 456 of Title 50, Appendix, War and National Defense, and section 4762 of

Title 42, respectively. Subsecs. (k) and (l) of section 104

of Pub. L. 93–638 are classified to section 3372 of Title

5.

PRIOR PROVISIONS

A prior section 104 of Pub. L. 93–638 was renumbered

section 103 by Pub. L. 100–472 and is classified to section

450h of this title.

AMENDMENTS

1990—Subsec. (m). Pub. L. 101–301 substituted ‘‘an Indian (as defined in section 479 of this title) appointed

(except temporary appointments)’’ for ‘‘an Indian appointed’’.

1988—Subsecs. (a), (b). Pub. L. 100–472, §203(b), (c),

amended subsecs. (a) and (b). See Codification note

above.

Subsec. (e). Pub. L. 100–472, §203(d), (e), in introductory provisions, substituted ‘‘Notwithstanding the provisions of sections 8347(o), 8713, and 8914 of title 5’’ for

‘‘Notwithstanding any other law’’ and struck out ‘‘on

or before December 31, 1988’’ after ‘‘title 43’’, and in par.

(2), inserted ‘‘or chapter 84 (‘Federal Employees Retirement System’)’’. Notwithstanding directory language

that the substitution of ‘‘Notwithstanding the provisions of sections 8347(o), 8713, and 8914 of title 5’’ be

made in par. (2) of subsec. (e), the substitution was

made in introductory provisions of subsec. (e) to reflect

the probable intent of Congress because the language

replaced appeared only in those introductory provisions.

Subsecs. (k), (l). Pub. L. 100–472, §203(f), added subsecs. (k) and (l). See Codification note above.

Subsec. (m). Pub. L. 100–472, §203(f), added subsec.

(m).

1985—Subsec. (e). Pub. L. 99–221 substituted ‘‘1988’’ for

‘‘1985’’.

1983—Subsec. (e). Pub. L. 89–702, §210(a), as added by

Pub. L. 98–129, inserted ‘‘, the city of St. Paul, Alaska,

the city of St. George, Alaska, upon incorporation, or

the Village Corporations of St. Paul and St. George Islands established pursuant to section 1607 of title 43’’.

PRIBILOF ISLAND NATIVES EMPLOYED BY FEDERAL

GOVERNMENT ON OCTOBER 28, 1983

Pub. L. 89–702, title II, §210(b), as added by Pub. L.

98–129, §2, Oct. 14, 1983, 97 Stat. 844, provided that: ‘‘Notwithstanding any other provision of law, any Native of

the Pribilof Islands employed by the Federal government on October 28, 1983, shall be deemed to have been

covered under chapters 81, 83, 85 and 87 of title 5, United

States Code, on such date for the purposes of determining eligibility for continuity of benefits under section

105(e) of the Act of January 4, 1975 (Public Law 93–638),

known as the Indian Self-Determination and Education

Assistance Act [subsec. (e) of this section].’’

EX. ORD. NO. 11899. PROVIDING FOR PROTECTION OF CERTAIN CIVIL SERVICE EMPLOYMENT RIGHTS OF FEDERAL

PERSONNEL WHO LEAVE FEDERAL EMPLOYMENT TO BE

EMPLOYED BY TRIBAL ORGANIZATIONS

Ex. Ord. No. 11899, Jan. 26, 1976, 41 F.R. 3459, as

amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R.

1055; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

By virtue of the authority vested in me by section

105(i) of the Indian Self-Determination and Education

Assistance Act (88 Stat. 2210, 25 U.S.C. 450i), section

3301 of title 5 of the United States Code, section 301 of

title 3 of the United States Code, and as President of

the United States of America, it is hereby ordered as

follows:

SECTION 1. The Office of Personnel Management is

hereby designated and empowered to exercise, without

approval, ratification, or other action by the President,

but after consultation with the Department of the Interior and the Department of Health and Human Services, the authority vested in the President by Section

105(i) of the Indian Self-Determination and Education

Assistance Act [subsec. (i) of this section] (hereinafter

referred to as the Act), to issue regulations necessary

to carry out the provisions of subsections (e)(2), (e)(3),

(e)(4), (f), (g) and (h) of section 105 of the act [subsecs.

(e)(2), (3), (4), (f), (g), and (h) of this section], to carry

out the provisions of subsection (e)(1) of section 105 of

the act [subsec. (e)(1) of this section] pertains to section 8151 of title 5 of the United States Code, and to

protect and assure any other civil service employment

rights which it finds appropriate.

SEC. 2. The Office of Personnel Management shall,

after consultation with the Department of the Interior

and the Department of Health and Human Services,

issue regulations, as it deems appropriate, providing for

the establishment, granting, and exercise of reemployment rights for employees who leave Federal employment for employment by an Indian tribal organization

under provisions of the act.

SEC. 3. The Secretary of Labor is hereby designated

and empowered to exercise, without approval, ratification, or other action by the President, the authority

vested in the President by section 105(i) of the act [subsec. (i) of this section] to issue regulations necessary to

carry out the provisions of section 105(e)(1) of the act

[subsec. (e)(1) of this section], except as provided in section 1 of this order.
§ 450j TITLE 25—INDIANS Page 158

1So in original. probably should be ‘‘482’’.

SECTION REFERRED TO IN OTHER SECTIONS

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

this title; title 5 section 8336; title 26 section 3121; title

42 section 410.

§ 450j. Contract or grant provisions and administration

(a) Applicability of Federal contracting laws and

regulations; waiver of requirements

(1) Notwithstanding any other provision of

law, subject to paragraph (3), the contracts and

cooperative agreements entered into with tribal

organizations pursuant to section 450f of this

title shall not be subject to Federal contracting

or cooperative agreement laws (including any

regulations), except to the extent that such laws

expressly apply to Indian tribes.

(2) Program standards applicable to a nonconstruction self-determination contract shall

be set forth in the contract proposal and the

final contract of the tribe or tribal organization.

(3)(A) With respect to a construction contract

(or a subcontract of such a construction contract), the provisions of the Office of Federal

Procurement Policy Act (41 U.S.C. 401 et seq.)

and the regulations relating to acquisitions promulgated under such Act shall apply only to the

extent that the application of such provision to

the construction contract (or subcontract) is—

(i) necessary to ensure that the contract

may be carried out in a satisfactory manner;

(ii) directly related to the construction activity; and

(iii) not inconsistent with this subchapter.

(B) A list of the Federal requirements that

meet the requirements of clauses (i) through

(iii) of subparagraph (A) shall be included in an

attachment to the contract pursuant to negotiations between the Secretary and the tribal organization.

(C)(i) Except as provided in subparagraph (B),

no Federal law listed in clause (ii) or any other

provision of Federal law (including an Executive

order) relating to acquisition by the Federal

Government shall apply to a construction contract that a tribe or tribal organization enters

into under this subchapter, unless expressly provided in such law.

(ii) The laws listed in this paragraph are as

follows:

(I) The Federal Property and Administrative

Services Act of 1949 (40 U.S.C. 471 et seq.).

(II) Section 3709 of the Revised Statutes [41

U.S.C. 5].

(III) Section 9(c) of the Act of Aug. 2, 1946 (60

Stat. 809, chapter 744).

(IV) Title III of the Federal Property and

Administrative Services Act of 1949 (63 Stat.

393 et seq., chapter 288) [41 U.S.C. 251 et seq.].

(V) Section 13 of the Act of Oct. 3, 1944 (58

Stat. 770; chapter 479) [50 App. U.S.C. 1622].

(VI) Chapters 21, 25, 27, 29, and 31 of title 44.

(VII) Section 2 of the Act of June 13, 1934 (48

Stat 948, chapter 483 1) [40 U.S.C. 276c].

(VIII) Sections 1 through 12 of the Act of

June 30, 1936 (49 Stat. 2036 et seq. chapter 881)

[41 U.S.C. 35–45].

(IX) The Service Control Act of 1965 (41

U.S.C. 351 et seq.).

(X) The Small Business Act (15 U.S.C. 631 et

seq.).

(XI) Executive Order Nos. 12138, 11246, 11701

and 11758.

(b) Payments; transfer of funds by Treasury for

disbursement by tribal organization; accountability for interest accrued prior to disbursement

Payments of any grants or under any contracts pursuant to sections 450f and 450h of this

title may be made in advance or by way of reimbursement and in such installments and on such

conditions as the appropriate Secretary deems

necessary to carry out the purposes of this part.

The transfer of funds shall be scheduled consistent with program requirements and applicable

Treasury regulations, so as to minimize the

time elapsing between the transfer of such funds

from the United States Treasury and the disbursement thereof by the tribal organization,

whether such disbursement occurs prior to or

subsequent to such transfer of funds. Tribal organizations shall not be held accountable for interest earned on such funds, pending their disbursement by such organization.

(c) Term of self-determination contracts; annual

renegotiation

(1) A self-determination contract shall be—

(A) for a term not to exceed three years in

the case of other than a mature contract, unless the appropriate Secretary and the tribe

agree that a longer term would be advisable,

and

(B) for a definite or an indefinite term, as requested by the tribe (or, to the extent not limited by tribal resolution, by the tribal organization), in the case of a mature contract.

The amounts of such contracts shall be subject

to the availability of appropriations.

(2) The amounts of such contracts may be renegotiated annually to reflect changed circumstances and factors, including, but not limited

to, cost increases beyond the control of the tribal organization.

(d) Calendar year basis for contracts

(1) Beginning in fiscal year 1990, upon the election of a tribal organization, the Secretary shall

use the calendar year as the basis for any contracts or agreements under this subchapter, unless the Secretary and the Indian tribe or tribal

organization agree on a different period.

(2) The Secretary shall, on or before April 1 of

each year beginning in 1992, submit a report to

the Congress on the amounts of any additional

obligation authority needed to implement this

subsection in the next following fiscal year.

(e) Effective date for retrocession of contract

If an Indian tribe, or a tribal organization authorized by a tribe, requests retrocession of the

appropriate Secretary for any contract or portion of a contract entered into pursuant to this

subchapter, unless the tribe or tribal organization rescinds the request for retrocession, such

retrocession shall become effective on—

(1) the earlier of—

(A) the date that is 1 year after the date

the Indian tribe or tribal organization submits such request; or