§ 1656 TITLE 25—INDIANS Page 472

(b) Annual onsite evaluation

The Secretary, through the Service, shall conduct an annual onsite evaluation of each urban

Indian organization which has entered into a

contract or received a grant under section 1653

of this title for purposes of determining the

compliance of such organization with, and evaluating the performance of such organization

under, such contract or the terms of such grant.

(c) Noncompliance or unsatisfactory performance

If, as a result of the evaluations conducted

under this section, the Secretary determines

that an urban Indian organization has not complied with the requirements of a grant or complied with or satisfactorily performed a contract

under section 1653 of this title, the Secretary

shall, prior to renewing such contract or grant,

attempt to resolve with such organization the

areas of noncompliance or unsatisfactory performance and modify such contract or grant to

prevent future occurrences of such noncompliance or unsatisfactory performance. If the Secretary determines that such noncompliance or

unsatisfactory performance cannot be resolved

and prevented in the future, the Secretary shall

not renew such contract or grant with such organization and is authorized to enter into a contract or make a grant under section 1653 of this

title with another urban Indian organization

which is situated in the same urban center as

the urban Indian organization whose contract or

grant is not renewed under this section.

(d) Contract and grant renewals

In determining whether to renew a contract or

grant with an urban Indian organization under

section 1653 of this title which has completed

performance of a contract or grant under section 1654 of this title, the Secretary shall review

the records of the urban Indian organization, the

reports submitted under section 1657 of this

title, and, in the case of a renewal of a contract

or grant under section 1653 of this title, shall

consider the results of the onsite evaluations

conducted under subsection (b) of this section.

(Pub. L. 94–437, title V, §505, as added Pub. L.

100–713, title V, §501, Nov. 23, 1988, 102 Stat. 4822;

amended Pub. L. 102–573, title V, §501(b)(3), Oct.

29, 1992, 106 Stat. 4568.)

PRIOR PROVISIONS

A prior section 1655, Pub. L. 94–437, title V, §505, Sept.

30, 1976, 90 Stat. 1412; Pub. L. 96–537, §7, Dec. 17, 1980, 94

Stat. 3179, related to reports by urban Indian organizations and rural Indian organizations to Secretary, contents, audit of reports and records, prior to the general

revision of this subchapter by Pub. L. 100–713.

AMENDMENTS

1992—Pub. L. 102–573, §501(b)(3)(E), substituted ‘‘renewals’’ for ‘‘contract renewals’’ in section catchline.

Subsec. (a). Pub. L. 102–573, §501(b)(3)(A), inserted

‘‘compliance with grant requirements under this subchapter and’’ before ‘‘compliance with, and’’.

Subsec. (b). Pub. L. 102–573, §501(b)(3)(B), inserted ‘‘or

received a grant’’ after ‘‘entered into a contract’’ and

‘‘or the terms of such grant’’ before period at end.

Subsec. (c). Pub. L. 102–573, §501(b)(3)(C), inserted

‘‘the requirements of a grant or complied with’’ after

‘‘has not complied with’’, ‘‘or grant’’ after ‘‘such contract’’ wherever appearing, ‘‘or make a grant’’ after

‘‘enter into a contract’’, and ‘‘or grant’’ after ‘‘whose

contract’’.

Subsec. (d). Pub. L. 102–573, §501(b)(3)(D), inserted ‘‘or

grant’’ after ‘‘a contract’’ wherever appearing.

§ 1656. Other contract and grant requirements

(a) Federal regulations; exceptions

Contracts with urban Indian organizations entered into pursuant to this subchapter shall be

in accordance with all Federal contracting laws

and regulations except that, in the discretion of

the Secretary, such contracts may be negotiated

without advertising and need not conform to the

provisions of sections 270a to 270d–1 of title 40.

(b) Payment

Payments under any contracts or grants pursuant to this subchapter may be made in advance or by way of reimbursement and in such

installments and on such conditions as the Secretary deems necessary to carry out the purposes of this subchapter.

(c) Revision or amendment

Notwithstanding any provision of law to the

contrary, the Secretary may, at the request or

consent of an urban Indian organization, revise

or amend any contract entered into by the Secretary with such organization under this subchapter as necessary to carry out the purposes

of this subchapter.

(d) Existing Government facilities

In connection with any contract or grant entered into pursuant to this subchapter, the Secretary may permit an urban Indian organization

to utilize, in carrying out such contract or

grant, existing facilities owned by the Federal

Government within the Secretary’s jurisdiction

under such terms and conditions as may be

agreed upon for the use and maintenance of such

facilities.

(e) Uniform provision of services and assistance

Contracts with, or grants to, urban Indian organizations and regulations adopted pursuant to

this subchapter shall include provisions to assure the fair and uniform provision to urban Indians of services and assistance under such contracts or grants by such organizations.

(f) Eligibility for health care or referral services

Urban Indians, as defined in section 1603(f) of

this title, shall be eligible for health care or referral services provided pursuant to this subchapter.

(Pub. L. 94–437, title V, §506, as added Pub. L.

100–713, title V, §501, Nov. 23, 1988, 102 Stat. 4823;

amended Pub. L. 102–573, title V, §501(b)(4), Oct.

29, 1992, 106 Stat. 4568.)

PRIOR PROVISIONS

A prior section 1656, Pub. L. 94–437, title V, §506, Sept.

30, 1976, 90 Stat. 1412; Pub. L. 96–537, §7, Dec. 17, 1980, 94

Stat. 3179, authorized appropriations, prior to the general revision of this subchapter by Pub. L. 100–713.

AMENDMENTS

1992—Pub. L. 102–573, §501(b)(4)(D), inserted ‘‘and

grant’’ in section catchline.

Subsec. (b). Pub. L. 102–573, §501(b)(4)(A), inserted ‘‘or

grants’’ after ‘‘any contracts’’.

Subsec. (d). Pub. L. 102–573, §501(b)(4)(B), inserted ‘‘or

grant’’ after ‘‘contract’’ in two places.
Page 473 TITLE 25—INDIANS § 1660

Subsec. (e). Pub. L. 102–573, §501(b)(4)(C), inserted

‘‘, or grants to,’’ after ‘‘Contracts with’’ and ‘‘or

grants’’ after ‘‘such contracts’’.

§ 1657. Reports and records

(a) Quarterly reports

For each fiscal year during which an urban Indian organization receives or expends funds pursuant to a contract entered into, or a grant received, pursuant to this subchapter, such organization shall submit to the Secretary a quarterly

report including—

(1) in the case of a contract or grant under

section 1653 of this title, information gathered

pursuant to clauses (10) and (11) of subsection

(a) of such section;

(2) information on activities conducted by

the organization pursuant to the contract or

grant;

(3) an accounting of the amounts and purposes for which Federal funds were expended;

and

(4) such other information as the Secretary

may request.

(b) Audit by Secretary and Comptroller General

The reports and records of the urban Indian

organization with respect to a contract or grant

under this subchapter shall be subject to audit

by the Secretary and the Comptroller General of

the United States.

(c) Cost of annual private audit

The Secretary shall allow as a cost of any contract or grant entered into under section 1653 of

this title the cost of an annual private audit

conducted by a certified public accountant.

(d) Health status, services, and areas of unmet

needs; child welfare

(1) The Secretary, acting through the Service,

shall submit a report to the Congress not later

than March 31, 1992, evaluating—

(A) the health status of urban Indians;

(B) the services provided to Indians through

this subchapter;

(C) areas of unmet needs in urban areas

served under this subchapter; and

(D) areas of unmet needs in urban areas not

served under this subchapter.

(2) In preparing the report under paragraph (1),

the Secretary shall consult with urban Indian

health providers and may contract with a national organization representing urban Indian

health concerns to conduct any aspect of the report.

(3) The Secretary and the Secretary of the Interior shall—

(A) assess the status of the welfare of urban

Indian children, including the volume of child

protection cases, the prevalence of child sexual abuse, and the extent of urban Indian coordination with tribal authorities with respect

to child sexual abuse; and

(B) submit a report on the assessment required under subparagraph (A), together with

recommended legislation to improve Indian

child protection in urban Indian populations,

to the Congress no later than March 31, 1992.

(Pub. L. 94–437, title V, §507, as added Pub. L.

100–713, title V, §501, Nov. 23, 1988, 102 Stat. 4823;

amended Pub. L. 101–630, title V, §507, Nov. 28,

1990, 104 Stat. 4566; Pub. L. 102–573, title V,

§501(b)(5), Oct. 29, 1992, 106 Stat. 4568.)

PRIOR PROVISIONS

A prior section 1657, Pub. L. 94–437, title V, §507, Sept.

30, 1976, 90 Stat. 1412; Pub. L. 96–537, §7, Dec. 17, 1980, 94

Stat. 3179, related to review of program by Secretary

and report to Congress, prior to the general revision of

this subchapter by Pub. L. 100–713.

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–573, §501(b)(5)(A), inserted ‘‘, or a grant received,’’ after ‘‘entered into’’ in

introductory provisions and ‘‘or grant’’ after ‘‘contract’’ in pars. (1) and (2).

Subsecs. (b), (c). Pub. L. 102–573, §501(b)(5)(B), inserted

‘‘or grant’’ after ‘‘contract’’.

1990—Subsec. (d). Pub. L. 101–630 added subsec. (d).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1655 of this title.

§ 1658. Limitation on contract authority

The authority of the Secretary to enter into

contracts under this subchapter shall be to the

extent, and in an amount, provided for in appropriation Acts.

(Pub. L. 94–437, title V, §508, as added Pub. L.

100–713, title V, §501, Nov. 23, 1988, 102 Stat. 4824.)

PRIOR PROVISIONS

A prior section 1658, Pub. L. 94–437, title V, §508, Sept.

30, 1976, 90 Stat. 1412, provided that not to exceed 1 per

centum of the amounts authorized by section 1656 of

this title be available for not to exceed two pilot

projects providing outreach services to eligible Indians

residing in rural communities near Indian reservations,

prior to the general revision of this subchapter by Pub.

L. 96–537, §7, Dec. 17, 1980, 94 Stat. 3176.

§ 1659. Facilities renovation

The Secretary may make funds available to

contractors or grant recipients under this subchapter for minor renovations to facilities, including leased facilities, to assist such contractors or grant recipients in meeting or maintaining the Joint Commission for Accreditation of

Health Care Organizations (JCAHO) standards.

(Pub. L. 94–437, title V, §509, formerly §409, as

added Pub. L. 101–630, title V, §506(c), Nov. 28,

1990, 104 Stat. 4566; renumbered §509 and amended Pub. L. 102–573, title V, §§501(b)(6), 505(b)(2),

title IX, §902(5)(A), Oct. 29, 1992, 106 Stat. 4569,

4571, 4591.)

AMENDMENTS

1992—Pub. L. 102–573, §902(5)(A), made technical

amendment to section catchline.

Pub. L. 102–573, §505(b)(2), struck out last sentence

which authorized appropriation of $1,000,000 for fiscal

year 1992 to carry out this section.

Pub. L. 102–573, §501(b)(6), inserted ‘‘or grant recipients’’ after ‘‘contractors’’ in two places.

§ 1660. Urban Health Programs Branch

(a) Establishment

There is hereby established within the Service

a Branch of Urban Health Programs which shall

be responsible for carrying out the provisions of

this subchapter and for providing central oversight of the programs and services authorized

under this subchapter.