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