§ 450f TITLE 25—INDIANS Page 150

1So in original. Probably should be ‘‘paragraph,’’.

Public Law 103–413, referred to in text, is Pub. L.

103–413, Oct. 25, 1994, 108 Stat. 4250, known as the Indian

Self-Determination Act Amendments of 1994, which is

classified principally to part D (§458aa et seq.) of this

subchapter. For complete classification of this Act to

the Code, see Short Title of 1994 Amendment note set

out under section 450 of this title and Tables.

Public Law 100–297, referred to in text, is Pub. L.

100–297, Apr. 28, 1988, 102 Stat. 130, as amended, known

as the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988. For complete classification of this Act to

the Code, see Short Title of 1988 Amendments note set

out under section 6301 of Title 20, Education, and

Tables.

CODIFICATION

Section was enacted as part of the Department of the

Interior and Related Agencies Appropriations Act, 1998,

and not as part of the Indian Self-Determination and

Education Assistance Act which comprises this subchapter.

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the following prior appropriation acts:

Pub. L. 104–208, div. A, title I, §101(d) [title III, §310],

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

Pub. L. 104–134, title I, §101(c) [title III, §310], Apr. 26,

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

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

PART A—INDIAN SELF-DETERMINATION

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 450b, 458cc, 715c,

1603, 1613a, 1616a, 1616a–1, 1616c, 1616d, 1616e, 1616j, 1621,

1621a, 1621c, 1621f, 1621g, 1621h, 1621l, 1621m, 1621p, 1621r,

1631, 1632, 1634, 1636, 1637, 1641, 1644, 1645, 1660b, 1661, 1662,

1665f, 1680a, 1680b, 1680c, 1680j, 1680k, 2403, 2433, 2434,

2442, 2455, 2805, 3104, 3112, 3113, 3209, 3210, 3307 of this

title; title 7 section 2020; title 20 sections 2313, 2471,

7813; title 42 sections 238m, 254b, 254e, 256d, 294p, 1395x,

1396d, 1396r–1, 2991b–3.

§ 450f. Self-determination contracts

(a) Request by tribe; authorized programs

(1) The Secretary is directed, upon the request

of any Indian tribe by tribal resolution, to enter

into a self-determination contract or contracts

with a tribal organization to plan, conduct, and

administer programs or portions thereof, including construction programs—

(A) provided for in the Act of April 16, 1934

(48 Stat. 596), as amended [25 U.S.C. 452 et

seq.];

(B) which the Secretary is authorized to administer for the benefit of Indians under the

Act of November 2, 1921 (42 Stat. 208) [25 U.S.C.

13], and any Act subsequent thereto;

(C) provided by the Secretary of Health and

Human Services under the Act of August 5,

1954 (68 Stat. 674), as amended [42 U.S.C. 2001 et

seq.];

(D) administered by the Secretary for the

benefit of Indians for which appropriations are

made to agencies other than the Department

of Health and Human Services or the Department of the Interior; and

(E) for the benefit of Indians because of their

status as Indians without regard to the agency

or office of the Department of Health and

Human Services or the Department of the Interior within which it is performed.

The programs, functions, services, or activities

that are contracted under this paragraph shall

include administrative functions of the Department of the Interior and the Department of

Health and Human Services (whichever is applicable) that support the delivery of services to

Indians, including those administrative activities supportive of, but not included as part of,

the service delivery programs described in this

paragraph that are otherwise contractable. The

administrative functions referred to in the preceding sentence shall be contractable without

regard to the organizational level within the Department that carries out such functions.

(2) If so authorized by an Indian tribe under

paragraph (1) of this subsection, a tribal organization may submit a proposal for a self-determination contract, or a proposal to amend or

renew a self-determination contract, to the Secretary for review. Subject to the provisions of

paragraph (4), the Secretary shall, within ninety

days after receipt of the proposal, approve the

proposal and award the contract unless the Secretary provides written notification to the applicant that contains a specific finding that

clearly demonstrates that, or that is supported

by a controlling legal authority that—

(A) the service to be rendered to the Indian

beneficiaries of the particular program or

function to be contracted will not be satisfactory;

(B) adequate protection of trust resources is

not assured;

(C) the proposed project or function to be

contracted for cannot be properly completed

or maintained by the proposed contract;

(D) the amount of funds proposed under the

contract is in excess of the applicable funding

level for the contract, as determined under

section 450j–1(a) of this title; or

(E) the program, function, service, or activity (or portion thereof) that is the subject of

the proposal is beyond the scope of programs,

functions, services, or activities covered under

paragraph (1) because the proposal includes activities that cannot lawfully be carried out by

the contractor.

Notwithstanding any other provision of law, the

Secretary may extend or otherwise alter the 90-

day period specified in the second sentence of

this subsection,1 if before the expiration of such

period, the Secretary obtains the voluntary and

express written consent of the tribe or tribal organization to extend or otherwise alter such period. The contractor shall include in the proposal of the contractor the standards under

which the tribal organization will operate the

contracted program, service, function, or activity, including in the area of construction, provisions regarding the use of licensed and qualified

architects, applicable health and safety standards, adherence to applicable Federal, State,

local, or tribal building codes and engineering

standards. The standards referred to in the preceding sentence shall ensure structural integrity, accountability of funds, adequate competition for subcontracting under tribal or other applicable law, the commencement, performance,

and completion of the contract, adherence to

project plans and specifications (including any
Page 151 TITLE 25—INDIANS § 450f

2So in original. Probably should be ‘‘section’’.

applicable Federal construction guidelines and

manuals), the use of proper materials and workmanship, necessary inspection and testing, and

changes, modifications, stop work, and termination of the work when warranted.

(3) Upon the request of a tribal organization

that operates two or more mature self-determination contracts, those contracts may be consolidated into one single contract.

(4) The Secretary shall approve any severable

portion of a contract proposal that does not support a declination finding described in paragraph (2). If the Secretary determines under

such paragraph that a contract proposal—

(A) proposes in part to plan, conduct, or administer a program, function, service, or activity that is beyond the scope of programs

covered under paragraph (1), or

(B) proposes a level of funding that is in excess of the applicable level determined under

section 450j–1(a) of this title,

subject to any alteration in the scope of the proposal that the Secretary and the tribal organization agree to, the Secretary shall, as appropriate, approve such portion of the program,

function, service, or activity as is authorized

under paragraph (1) or approve a level of funding

authorized under section 450j–1(a) of this title. If

a tribal organization elects to carry out a severable portion of a contract proposal pursuant to

this paragraph, subsection (b) of this section

shall only apply to the portion of the contract

that is declined by the Secretary pursuant to

this subsection.

(b) Procedure upon refusal of request to contract

Whenever the Secretary declines to enter into

a self-determination contract or contracts pursuant to subsection (a) of this section, the Secretary shall—

(1) state any objections in writing to the

tribal organization,

(2) provide assistance to the tribal organization to overcome the stated objections, and

(3) provide the tribal organization with a

hearing on the record with the right to engage

in full discovery relevant to any issue raised

in the matter and the opportunity for appeal

on the objections raised, under such rules and

regulations as the Secretary may promulgate,

except that the tribe or tribal organization

may, in lieu of filing such appeal, exercise the

option to initiate an action in a Federal district court and proceed directly to such court

pursuant to section 450m–1(a) of this title.

(c) Liability insurance; waiver of defense

(1) Beginning in 1990, the Secretary shall be responsible for obtaining or providing liability insurance or equivalent coverage, on the most

cost-effective basis, for Indian tribes, tribal organizations, and tribal contractors carrying out

contracts, grant agreements and cooperative

agreements pursuant to this subchapter. In obtaining or providing such coverage, the Secretary shall take into consideration the extent

to which liability under such contracts or agreements are covered by the Federal Tort Claims

Act.

(2) In obtaining or providing such coverage,

the Secretary shall, to the greatest extent practicable, give a preference to coverage underwritten by Indian-owned economic enterprises

as defined in section 1452 of this title, except

that, for the purposes of this subsection, such

enterprises may include non-profit corporations.

(3)(A) Any policy of insurance obtained or provided by the Secretary pursuant to this subsection shall contain a provision that the insurance carrier shall waive any right it may have

to raise as a defense the sovereign immunity of

an Indian tribe from suit, but that such waiver

shall extend only to claims the amount and nature of which are within the coverage and limits

of the policy and shall not authorize or empower

such insurance carrier to waive or otherwise

limit the tribe’s sovereign immunity outside or

beyond the coverage or limits of the policy of insurance.

(B) No waiver of the sovereign immunity of an

Indian tribe pursuant to this paragraph shall include a waiver to the extent of any potential liability for interest prior to judgment or for

punitive damages or for any other limitation on

liability imposed by the law of the State in

which the alleged injury occurs.

(d) Tribal organizations and Indian contractors

deemed part of Public Health Service

For purposes of section 233 of title 42, with respect to claims by any person, initially filed on

or after December 22, 1987, whether or not such

person is an Indian or Alaska Native or is served

on a fee basis or under other circumstances as

permitted by Federal law or regulations for personal injury, including death, resulting from the

performance prior to, including, or after December 22, 1987, of medical, surgical, dental, or related functions, including the conduct of clinical

studies or investigations, or for purposes of section 2679, title 28, with respect to claims by any

such person, on or after November 29, 1990, for

personal injury, including death, resulting from

the operation of an emergency motor vehicle, an

Indian tribe, a tribal organization or Indian contractor carrying out a contract, grant agreement, or cooperative agreement under sections 2

450f or 450h of this title is deemed to be part of

the Public Health Service in the Department of

Health and Human Services while carrying out

any such contract or agreement and its employees (including those acting on behalf of the organization or contractor as provided in section

2671 of title 28 and including an individual who

provides health care services pursuant to a personal services contract with a tribal organization for the provision of services in any facility

owned, operated, or constructed under the jurisdiction of the Indian Health Service) are deemed

employees of the Service while acting within the

scope of their employment in carrying out the

contract or agreement: Provided, That such employees shall be deemed to be acting within the

scope of their employment in carrying out such

contract or agreement when they are required,

by reason of such employment, to perform medical, surgical, dental or related functions at a facility other than the facility operated pursuant

to such contract or agreement, but only if such

employees are not compensated for the perform-
§ 450f TITLE 25—INDIANS Page 152

ance of such functions by a person or entity

other than such Indian tribe, tribal organization

or Indian contractor.

(e) Burden of proof at hearing or appeal declining contract; final agency action

(1) With respect to any hearing or appeal conducted pursuant to subsection (b)(3) of this section, the Secretary shall have the burden of

proof to establish by clearly demonstrating the

validity of the grounds for declining the contract proposal (or portion thereof).

(2) Notwithstanding any other provision of

law, a decision by an official of the Department

of the Interior or the Department of Health and

Human Services, as appropriate (referred to in

this paragraph as the ‘‘Department’’) that constitutes final agency action and that relates to

an appeal within the Department that is conducted under subsection (b)(3) of this section

shall be made either—

(A) by an official of the Department who

holds a position at a higher organizational

level within the Department than the level of

the departmental agency (such as the Indian

Health Service or the Bureau of Indian Affairs) in which the decision that is the subject

of the appeal was made; or

(B) by an administrative judge.

(Pub. L. 93–638, title I, §102, formerly §§102 and

103(c), Jan. 4, 1975, 88 Stat. 2206; Pub. L. 100–202,

§101(g) [title II, §201], Dec. 22, 1987, 101 Stat.

1329–213, 1329–246; Pub. L. 100–446, title II, §201,

Sept. 27, 1988, 102 Stat. 1817; renumbered §102 and

amended Pub. L. 100–472, title II, §201(a), (b)(1),

Oct. 5, 1988, 102 Stat. 2288, 2289; Pub. L. 100–581,

title II, §210, Nov. 1, 1988, 102 Stat. 2941; Pub. L.

101–644, title II, §203(b), Nov. 29, 1990, 104 Stat.

4666; Pub. L. 103–413, title I, §102(5)–(9), Oct. 25,

1994, 108 Stat. 4251–4253.)

REFERENCES IN TEXT

Act of April 16, 1934, referred to in subsec. (a)(1)(A), is

act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson-O’Malley Act, which is

classified generally to section 452 et seq. of this title.

For complete classification of this Act to the Code, see

Short Title note set out under section 452 of this title

and Tables.

Act of August 5, 1954, referred to in subsec. (a)(1)(C),

is act Aug. 5, 1954, ch. 658, 68 Stat. 674, as amended,

which is classified generally to subchapter I (§2001 et

seq.) of chapter 22 of Title 42, The Public Health and

Welfare. For complete classification of this Act to the

Code, see Tables.

This subchapter, referred to in subsec. (c)(1), was in

the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4,

1975, 88 Stat. 2203, as amended, known as the Indian

Self-Determination and Education Assistance Act,

which is classified principally to this subchapter (§450

et seq.). For complete classification of this Act to the

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

this title and Tables.

The Federal Tort Claims Act, referred to in subsec.

(c)(1), is classified generally to section 1346(b) and chapter 171 (§2671 et seq.) of Title 28, Judiciary and Judicial

Procedure.

AMENDMENTS

1994—Subsec. (a)(1). Pub. L. 103–413, §102(5), inserted

concluding provisions.

Subsec. (a)(2). Pub. L. 103–413, §102(6)(A)(i), (ii), (vi),

inserted ‘‘, or a proposal to amend or renew a self-determination contract,’’ before ‘‘to the Secretary for review’’ in first sentence and, in second sentence, substituted ‘‘Subject to the provisions of paragraph (4), the

Secretary’’ for ‘‘The Secretary’’, inserted ‘‘and award

the contract’’ after ‘‘approve the proposal’’, substituted

‘‘the Secretary provides written notification to the applicant that contains a specific finding that clearly

demonstrates that, or that is supported by a controlling legal authority that’’ for ‘‘, within sixty days of

receipt of the proposal, a specific finding is made that’’,

and inserted concluding provisions.

Subsec. (a)(2)(D), (E). Pub. L. 103–413,

§102(6)(A)(iii)–(v), added subpars. (D) and (E).

Subsec. (a)(4). Pub. L. 103–413, §102(6)(B), added par.

(4).

Subsec. (b)(3). Pub. L. 103–413, §102(7), inserted ‘‘with

the right to engage in full discovery relevant to any

issue raised in the matter’’ after ‘‘record’’ and

‘‘, except that the tribe or tribal organization may, in

lieu of filing such appeal, exercise the option to initiate

an action in a Federal district court and proceed directly to such court pursuant to section 450m–1(a) of

this title’’ before period at end.

Subsec. (d). Pub. L. 103–413, §102(8), substituted ‘‘as

provided in section 2671 of title 28 and including an individual who provides health care services pursuant to

a personal services contract with a tribal organization

for the provision of services in any facility owned, operated, or constructed under the jurisdiction of the Indian Health Service)’’ for ‘‘as provided in section 2671 of

title 28)’’.

Subsec. (e). Pub. L. 103–413, §102(9), added subsec. (e).

1990—Subsec. (d). Pub. L. 101–644 inserted ‘‘or for purposes of section 2679, title 28, with respect to claims by

any such person, on or after November 29, 1990, for personal injury, including death, resulting from the operation of an emergency motor vehicle,’’ after ‘‘investigations,’’.

1988—Pub. L. 100–472, §201(a), amended section generally, revising and restating provisions of subsecs. (a) to

(c).

Subsec. (c)(2). Pub. L. 100–581 which directed amendment of par. (2) by substituting ‘‘section 1452 of this

title’’ for ‘‘section 1425 of title 25, United States Code’’

was executed by making the substitution for ‘‘section

1425, title 25, United States Code’’ to reflect the probable intent of Congress.

Subsec. (d). Pub. L. 100–472, §201(b)(1), redesignated

the last sentence of subsec. (c) of section 450g of this

title as subsec. (d) of this section and substituted ‘‘sections 450f or 450h of this title’’ for ‘‘sections 450g and

450h(b) of this title’’.

Pub. L. 100–446 inserted into sentence beginning ‘‘For

purposes of’’ the words ‘‘by any person, initially filed

on or after December 22, 1987, whether or not such person is an Indian or Alaska Native or is served on a fee

basis or under other circumstances as permitted by

Federal law or regulations’’ after ‘‘claims’’, ‘‘prior to,

including, or after December 22, 1987,’’ after ‘‘performance’’, ‘‘an Indian tribe,’’ after ‘‘investigations,’’ and

‘‘: Provided, That such employees shall be deemed to be

acting within the scope of their employment in carrying out such contract or agreement when they are required, by reason of such employment, to perform medical, surgical, dental or related functions at a facility

other than the facility operated pursuant to such contract or agreement, but only if such employees are not

compensated for the performance of such functions by

a person or entity other than such Indian tribe, tribal

organization or Indian contractor’’ after ‘‘the contract

or agreement’’.

1987—Subsec. (d). Pub. L. 100–202 inserted sentence at

end deeming a tribal organization or Indian contractor

carrying out a contract, grant agreement, or cooperative agreement to be part of the Public Health Service

while carrying out any such contract or agreement and

its employees to be employees of the Service while acting within the scope of their employment in carrying

out the contract or agreement.

SHORT TITLE OF 1991 AMENDMENT

Pub. L. 102–184, §1, Dec. 4, 1991, 105 Stat. 1278, provided

that: ‘‘This Act [amending provisions set out below]
Page 153 TITLE 25—INDIANS § 450f

may be cited as the ‘Tribal Self-Governance Demonstration Project Act’.’’

SHORT TITLE

For short title of title I of Pub. L. 93–638, which is

classified principally to this part, as the ‘‘Indian SelfDetermination Act’’, see section 101 of Pub. L. 93–638,

set out as a note under section 450 of this title.

CLAIMS RESULTING FROM PERFORMANCE OF CONTRACT,

GRANT AGREEMENT, OR COOPERATIVE AGREEMENT;

CIVIL ACTION AGAINST TRIBE, TRIBAL ORGANIZATION,

ETC., DEEMED ACTION AGAINST UNITED STATES; REIMBURSEMENT OF TREASURY FOR PAYMENT OF CLAIMS

Pub. L. 101–512, title III, §314, Nov. 5, 1990, 104 Stat.

1959, as amended by Pub. L. 103–138, title III, §308, Nov.

11, 1993, 107 Stat. 1416, provided that: ‘‘With respect to

claims resulting from the performance of functions

during fiscal year 1991 and thereafter, or claims asserted after September 30, 1990, but resulting from the

performance of functions prior to fiscal year 1991, under

a contract, grant agreement, or any other agreement or

compact authorized by the Indian Self-Determination

and Education Assistance Act of 1975, as amended (88

Stat. 2203; 25 U.S.C. 450 et seq.) [Pub. L. 93–638, see

Short Title note set out under section 450 of this title

and Tables] or by title V, part B, Tribally Controlled

School Grants of the Hawkins-Stafford Elementary and

Secondary School Improvement Amendments of 1988, as

amended (102 Stat. 385; 25 U.S.C. 2501 et seq.), an Indian

tribe, tribal organization or Indian contractor is

deemed hereafter to be part of the Bureau of Indian Affairs in the Department of the Interior or the Indian

Health Service in the Department of Health and Human

Services while carrying out any such contract or agreement and its employees are deemed employees of the

Bureau or Service while acting within the scope of

their employment in carrying out the contract or

agreement: Provided, That after September 30, 1990, any

civil action or proceeding involving such claims

brought hereafter against any tribe, tribal organization, Indian contractor or tribal employee covered by

this provision shall be deemed to be an action against

the United States and will be defended by the Attorney

General and be afforded the full protection and coverage of the Federal Tort Claims Act [28 U.S.C. 1346(b),

2671 et seq.]: Provided further, That beginning with the

fiscal year ending September 30, 1991, and thereafter,

the appropriate Secretary shall request through annual

appropriations funds sufficient to reimburse the Treasury for any claims paid in the prior fiscal year pursuant to the foregoing provisions: Provided further, That

nothing in this section shall in any way affect the provisions of section 102(d) of the Indian Self-Determination and Education Assistance Act of 1975, as amended

(88 Stat. 2203; 25 U.S.C. 450 et seq.) [25 U.S.C. 450f(d)].’’

REFERENCE TO SECTION 450g(c) IN PUBLIC LAW 100–446

Section 201(b)(2) of Pub. L. 100–472 provided that:

‘‘Any reference to section 103(c) [§103(c) of Pub. L.

93–638, formerly 25 U.S.C. 450g(c)] contained in an Act

making appropriations for the Department of the Interior and Related Agencies for fiscal year 1989 [Pub. L.

100–446] shall be deemed to apply to section 102(d) of

such Act [§102(d) of Pub. L. 93–638, 25 U.S.C. 450f(d)] as

amended by this Act.’’

TRIBAL SELF-GOVERNANCE DEMONSTRATION PROJECT

Title III of Pub. L. 93–638, as added by Pub. L. 100–472,

title II, §209, Oct. 5, 1988, 102 Stat. 2296; amended by

Pub. L. 102–184, §§2–6, Dec. 4, 1991, 105 Stat. 1278; Pub. L.

102–573, title VIII, §814, Oct. 29, 1992, 106 Stat. 4590; Pub.

L. 103–435, §22(a)(2), (3), Nov. 2, 1994, 108 Stat. 4575; Pub.

L. 103–437, §10(c)(1), Nov. 2, 1994, 108 Stat. 4589, provided

that:

‘‘SEC. 301. The Secretary of the Interior and the Secretary of Health and Human Services (hereafter in this

title referred to as the ‘Secretaries’) each shall, for a

period not to exceed 18 years following enactment of

this title [Oct. 5, 1988], conduct a research and demonstration project to be known as the Tribal Self-Governance Project according to the provisions of this

title.

‘‘SEC. 302. (a) For each fiscal year, the Secretaries

shall select thirty tribes to participate in the demonstration project, as follows:

‘‘(1) a tribe that successfully completes a Self-Governance Planning Grant, authorized by Conference

Report 100–498 to accompany H.J. Res. 395, One Hundredth Congress, first session [Pub. L. 100–202] shall

be selected to participate in the demonstration

project; and

‘‘(2) the Secretaries shall select, in such a manner

as to achieve geographic representation, the remaining tribal participants from the pool of qualified applicants. In order to be in the pool of qualified applicants—

‘‘(A) the governing body of the tribe shall request

participation in the demonstration project;

‘‘(B) such tribe shall have operated two or more

mature contracts; and

‘‘(C) such tribe shall have demonstrated, for the

previous three fiscal years, financial stability and

financial management capability as evidenced by

such tribe having no significant and material audit

exceptions in the required annual audit of such

tribe’s self-determination contracts.

‘‘SEC. 303. (a) The Secretaries is [sic] directed to negotiate, and to enter into, an annual written funding

agreement with the governing body of a participating

tribal government that successfully completes its SelfGovernance Planning Grant. Such annual written funding agreement—

‘‘(1) shall authorize the tribe to plan, conduct, consolidate, and administer programs, services and functions of the Department of the Interior and the Indian Health Service of the Department of Health and

Human Services that are otherwise available to Indian tribes or Indians, including but not limited to,

the Act of April 16, 1934 (48 Stat. 596) [25 U.S.C. 452 et

seq.], as amended, and the Act of November 2, 1921 (42

Stat. 208) [25 U.S.C. 13];

‘‘(2) subject to the terms of the written agreement

authorized by this title, shall authorize the tribe to

redesign programs, activities, functions or services

and to reallocate funds for such programs, activities,

functions or services;

‘‘(3) shall not include funds provided pursuant to

the Tribally Controlled Community College Assistance Act (Public Law 95–471) [25 U.S.C. 1801 et seq.],

for elementary and secondary schools under the Indian School Equalization Formula pursuant to title

XI of the Education Amendments of 1978 (Public Law

95–561, as amended) [25 U.S.C. 2001 et seq.], or for either the Flathead Agency Irrigation Division or the

Flathead Agency Power Division: Provided, That

nothing in this section shall affect the

contractability of such divisions under section 102 of

this Act [25 U.S.C. 450f];

‘‘(4) shall specify the services to be provided, the

functions to be performed, and the responsibilities of

the tribe and the Secretaries pursuant to this agreement;

‘‘(5) shall specify the authority of the tribe and the

Secretaries, and the procedures to be used, to reallocate funds or modify budget allocations within any

project year;

‘‘(6) shall, except as provided in paragraphs (1) and

(2), provide for payment by the Secretaries to the

tribe of funds from one or more programs, services,

functions, or activities in an amount equal to that

which the tribe would have been eligible to receive

under contracts and grants under this Act [Pub. L.

93–638, see Short Title note under section 450 of this

title], including direct program costs and indirect

costs, and for any funds which are specifically related

to the provision by the Secretaries of services and

benefits to the tribe and its members: Provided, however, That funds for trust services to individual Indi-
§ 450g TITLE 25—INDIANS Page 154

ans are available under this written agreement only

to the extent that the same services which would

have been provided by the Secretaries are provided to

individual Indians by the tribe;

‘‘(7) shall not allow the Secretaries to waive, modify or diminish in any way the trust responsibility of

the United States with respect to Indian tribes and

individual Indians which exists under treaties, Executive orders, and Acts of Congress;

‘‘(8) shall allow for retrocession of programs or portions thereof pursuant to section 105(e) of this Act [25

U.S.C. 450j(e)]; and

‘‘(9) shall be submitted by the Secretaries ninety

days in advance of the proposed effective date of the

agreement to each tribe which is served by the agency which is serving the tribe which is a party to the

funding agreement and to the Congress for review by

the Committee on Indian Affairs of the Senate and

the Committee on Natural Resources [now Committee on Resources] of the House of Representatives.

‘‘(b) For the year for which, and to the extent to

which, funding is provided to a tribe pursuant to this

title, such tribe—

‘‘(1) shall not be entitled to contract with the Secretaries for such funds under section 102 [25 U.S.C.

450f], except that such tribe shall be eligible for new

programs on the same basis as other tribes; and

‘‘(2) shall be responsible for the administration of

programs, services and activities pursuant to agreements under this title.

‘‘(c) At the request of the governing body of the tribe

and under the terms of an agreement pursuant to subsection (a), the Secretaries shall provide funding to

such tribe to implement the agreement.

‘‘(d) For the purpose of section 110 of this Act [25

U.S.C. 450m–1] the term ‘contract’ shall also include

agreements authorized by this title; except that for the

term of the authorized agreements under this title, the

provisions of section 2103 of the Revised Statutes of the

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

of June 18, 1934 (25 U.S.C. 476), shall not apply to attorney and other professional contracts by participating

Indian tribal governments operating under the provisions of this title.

‘‘(e) To the extent feasible, the Secretaries shall interpret Federal laws and regulations in a manner that

will facilitate the agreements authorized by this title.

‘‘(f) To the extent feasible, the Secretaries shall interpret Federal laws and regulations in a manner that

will facilitate the inclusion of activities, programs,

services, and functions in the agreements authorized by

this title.

‘‘SEC. 304. The Secretaries shall identify, in the President’s annual budget request to the Congress, any funds

proposed to be included in the Tribal Self-Governance

Project. The use of funds pursuant to this title shall be

subject to specific directives or limitations as may be

included in applicable appropriations Acts.

‘‘SEC. 305. The Secretaries shall submit to the Congress a written report on July 1 and January 1 of each

of the five years following the date of enactment of this

title [Oct. 5, 1988] on the relative costs and benefits of

the Tribal Self-Governance Project. Such report shall

be based on mutually determined baseline measurements jointly developed by the Secretaries and participating tribes, and shall separately include the views of

the tribes.

‘‘SEC. 306. Nothing in this title shall be construed to

limit or reduce in any way the services, contracts or

funds that any other Indian tribe or tribal organization

is eligible to receive under section 102 [25 U.S.C. 450f] or

any other applicable Federal law and the provisions of

section 110 of this Act [25 U.S.C. 450m–1] shall be available to any tribe or Indian organization which alleges

that a funding agreement is in violation of this section.

‘‘SEC. 307. For the purpose of providing planning and

negotiation grants to the ten tribes added by section 3

of the Tribal Self-Governance Demonstration Project

Act to the number of tribes set forth by section 302 of

this Act (as in effect before the date of enactment of

this section [Dec. 4, 1991]), there is authorized to be appropriated $700,000.

‘‘SEC. 308. (a) The Secretary of Health and Human

Services, in consultation with the Secretary of the Interior and Indian tribal governments participating in

the demonstration project under this title, shall conduct a study for the purpose of determining the feasibility of extending the demonstration project under

this title to the activities, programs, functions, and

services of the Indian Health Service. The Secretary

shall report the results of such study, together with his

recommendations, to the Congress within the 12-month

period following the date of the enactment of the Tribal Self-Governance Demonstration Project Act [Dec. 4,

1991].

‘‘(b) The Secretary of Health and Human Services

may establish within the Indian Health Service an office of self-governance to be responsible for coordinating the activities necessary to carry out the study

required under subsection (a).

‘‘SEC. 309. The Secretary of the Interior shall conduct

a study for the purpose of determining the feasibility of

including in the demonstration project under this title

those programs and activities excluded under section

303(a)(3). The Secretary of the Interior shall report the

results of such study, together with his recommendations, to the Congress within the 12-month period following the date of the enactment of the Tribal SelfGovernance Demonstration Project Act [Dec. 4, 1991].

‘‘SEC. 310. For the purposes of providing one year

planning and negotiations grants to the Indian tribes

identified by section 302, with respect to the programs,

activities, functions, or services of the Indian Health

Service, there are authorized to be appropriated such

sums as may be necessary to carry out such purposes.

Upon completion of an authorized planning activity or

a comparable planning activity by a tribe, the Secretary is authorized to negotiate and implement a

Compact of Self-Governance and Annual Funding

Agreement with such tribe.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 450b, 450c,

450e–1, 450h, 450j, 450k, 450l, 450m, 450m–1, 458cc, 458ff,

1631, 1724, 2026 of this title; title 29 section 750; title 42

section 2004b.

§ 450g. Repealed or Transferred. Pub. L. 100–472,

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

Section, Pub. L. 93–638, title I, §103, Jan. 4, 1975, 88

Stat. 2206; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93

Stat. 695; Pub. L. 100–202, §101(g) [title II], Dec. 22, 1987,

101 Stat. 1329–213, 1329–246; Pub. L. 100–446, title II, Sept.

27, 1988, 102 Stat. 1817, which related to contracts by

Secretary of Health and Human Services with tribal organizations, was repealed except for the last sentence

of subsec. (c), providing that tribal organizations and

Indian contractors be deemed part of Public Health

Service, which was redesignated subsec. (d) of section

450f of this title.

§ 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

The Secretary of the Interior is authorized,

upon the request of any Indian tribe (from funds

appropriated for the benefit of Indians pursuant

to section 13 of this title, and any Act subsequent thereto) to contract with or make a grant

or grants to any tribal organization for—

(1) the strengthening or improvement of

tribal government (including, but not limited

to, the development, improvement, and administration of planning, financial management,