H. R. 4842—17
476), shall not apply to any contract entered into in connec-
tion with this Contract.
‘‘ ‘(B) REQUIREMENTS.—Each Contract entered into by
the Contractor with a third party in connection with
performing the obligations of the Contractor under this
Contract shall—
‘‘ ‘(i) be in writing;
‘‘ ‘(ii) identify the interested parties, the authorities
of such parties, and purposes of the Contract;
‘‘ ‘(iii) state the work to be performed under the
Contract; and
‘‘ ‘(iv) state the process for making any claim, the
payments to be made, and the terms of the Contract,
which shall be fixed.
‘‘ ‘(c) OBLIGATION OF THE CONTRACTOR.—
‘‘ ‘(1) CONTRACT PERFORMANCE.—Except as provided in sub-
section (d)(2), the Contractor shall perform the programs, serv-
ices, functions, and activities as provided in the annual funding
agreement under subsection (f)(2) of this Contract.
‘‘ ‘(2) AMOUNT OF FUNDS.—The total amount of funds to
be paid under this Contract pursuant to section 106(a) shall
be determined in an annual funding agreement entered into
between the Secretary and the Contractor, which shall be incor-
porated into this Contract.
‘‘ ‘(3) CONTRACTED PROGRAMS.—Subject to the availability
of appropriated funds, the Contractor shall administer the pro-
grams, services, functions, and activities identified in this Con-
tract and funded through the annual funding agreement under
subsection (f)(2).
‘‘ ‘(4) TRUST SERVICES FOR INDIVIDUAL INDIANS.—
‘‘ ‘(A) IN GENERAL.—To the extent that the annual fund-
ing agreement provides funding for the delivery of trust
services to individual Indians that have been provided by
the Secretary, the Contractor shall maintain at least the
same level of service as the Secretary provided for such
individual Indians, subject to the availability of appro-
priated funds for such services.
‘‘ ‘(B) TRUST SERVICES TO INDIVIDUAL INDIANS.—For the
purposes of this paragraph only, the term ‘‘trust services
for individual Indians’’ means only those services that per-
tain to land or financial management connected to individ-
ually held allotments.
‘‘ ‘(5) FAIR AND UNIFORM SERVICES.—The Contractor shall
provide services under this Contract in a fair and uniform
manner and shall provide access to an administrative or judicial
body empowered to adjudicate or otherwise resolve complaints,
claims, and grievances brought by program beneficiaries against
the Contractor arising out of the performance of the Contract.
‘‘ ‘(d) OBLIGATION OF THE UNITED STATES.—
‘‘ ‘(1) TRUST RESPONSIBILITY.—
‘‘ ‘(A) IN GENERAL.—The United States reaffirms the
trust responsibility of the United States to the ll Indian
tribe(s) to protect and conserve the trust resources of the
Indian tribe(s) and the trust resources of individual
Indians.
‘‘ ‘(B) CONSTRUCTION OF CONTRACT.—Nothing in this
Contract may be construed to terminate, waive, modify,
H. R. 4842—18
or reduce the trust responsibility of the United States
to the tribe(s) or individual Indians. The Secretary shall
act in good faith in upholding such trust responsibility.
‘‘ ‘(2) GOOD FAITH.—To the extent that health programs
are included in this Contract, and within available funds, the
Secretary shall act in good faith in cooperating with the Con-
tractor to achieve the goals set forth in the Indian Health
Care Improvement Act (25 U.S.C. 1601 et seq.).
‘‘ ‘(3) PROGRAMS
RETAINED.—As specified in the annual
funding agreement, the United States hereby retains the pro-
grams, services, functions, and activities with respect to the
tribe(s) that are not specifically assumed by the Contractor
in the annual funding agreement under subsection (f)(2).
‘‘ ‘(e) OTHER PROVISIONS.—
‘‘ ‘(1) DESIGNATED OFFICIALS.—Not later than the effective
date of this Contract, the United States shall provide to the
Contractor, and the Contractor shall provide to the United
States, a written designation of a senior official to serve as
a representative for notices, proposed amendments to the Con-
tract, and other purposes for this Contract.
‘‘ ‘(2) CONTRACT MODIFICATIONS OR AMENDMENT.—
‘‘ ‘(A) IN
GENERAL.—Except as provided in subpara-
graph (B), no modification to this Contract shall take effect
unless such modification is made in the form of a written
amendment to the Contract, and the Contractor and the
Secretary provide written consent for the modification.
‘‘ ‘(B) EXCEPTION.—The addition of supplemental funds
for programs, functions, and activities (or portions thereof)
already included in the annual funding agreement under
subsection (f)(2), and the reduction of funds pursuant to
section 106(b)(2), shall not be subject to subparagraph (A).
‘‘ ‘(3) OFFICIALS NOT TO BENEFIT.—No Member of Congress,
or resident commissioner, shall be admitted to any share or
part of any contract executed pursuant to this Contract, or
to any benefit that may arise from such contract. This para-
graph may not be construed to apply to any contract with
a third party entered into under this Contract if such contract
is made with a corporation for the general benefit of the cor-
poration.
‘‘ ‘(4) COVENANT AGAINST CONTINGENT FEES.—The parties
warrant that no person or selling agency has been employed
or retained to solicit or secure any contract executed pursuant
to this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting
bona fide employees or bona fide established commercial or
selling agencies maintained by the Contractor for the purpose
of securing business.
‘‘ ‘(f) ATTACHMENTS.—
‘‘ ‘(1) APPROVAL OF CONTRACT.—Unless previously furnished
to the Secretary, the resolution of the ll Indian tribe(s)
authorizing the contracting of the programs, services, functions,
and activities identified in this Contract is attached to this
Contract as attachment 1.
‘‘ ‘(2) ANNUAL FUNDING AGREEMENT.—
‘‘ ‘(A) IN
GENERAL.—The annual funding agreement
under this Contract shall only contain—
H. R. 4842—19
‘‘ ‘(i) terms that identify the programs, services,
functions, and activities to be performed or adminis-
tered, the general budget category assigned, the funds
to be provided, and the time and method of payment;
and
‘‘ ‘(ii) such other provisions, including a brief
description of the programs, services, functions, and
activities to be performed (including those supported
by financial resources other than those provided by
the Secretary), to which the parties agree.
‘‘ ‘(B) INCORPORATION
BY
REFERENCE.—The annual
funding agreement is hereby incorporated in its entirety
in this Contract and attached to this Contract as attach-
ment 2.’ ’’.
SEC. 104. ADDITIONAL AMENDMENTS.
The Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.), as amended by sections 102 and 103,
is further amended—
(1) in section 109—
(A) by inserting after ‘‘pursuant to such contract or
grant agreement,’’ the following ‘‘or in the management
of trust fund, trust lands or interests in such lands pursu-
ant to such contract or grant agreement,’’;
(B) by striking ‘‘action as prescribed by him’’ and all
that follows through ‘‘in such cases, he’’ and inserting the
following: ‘‘action as prescribed by the Secretary to remedy
the contract deficiency, except that the appropriate Sec-
retary 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’’;
(C) by inserting after ‘‘rescind such contract or grant
agreement’’ the following: ‘‘, in whole or in part,’’;
(D) by striking the second period after ‘‘the tribal
organization may approve’’; and
(E) by inserting before the last sentence, the following
new 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 con-
tract that is the subject of the hearing.’’;
(2) in section 110(a), by inserting immediately before the
period at the end the following: ‘‘(including immediate injunc-
tive relief to reverse a declination finding under section
102(a)(2) or to compel the Secretary to award and fund an
approved self-determination contract)’’; and
(3) in section 110(d), by inserting immediately before the
period at the end the following: ‘‘, except that all administrative
appeals relating to such contracts shall be heard by the Interior
H. R. 4842—20
Board of Contract Appeals established pursuant to section 8
of such Act (41 U.S.C. 607)’’.
SEC. 105. REGULATIONS.
The Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.), as amended by sections 2 through 4, is
further amended—
(1) by striking subsections (a) and (b) of section 107 and
inserting the following new subsections:
‘‘(a)(1) Except as may be specifically authorized in this sub-
section, or in any other provision of this Act, the Secretary of
the Interior and the Secretary of Health and Human Services
may not promulgate any regulation, nor impose any nonregulatory
requirement, relating to self-determination contracts or the
approval, award, or declination of such contracts, except that the
Secretary of the Interior and the Secretary of Health and Human
Services may promulgate regulations under this Act relating to
chapter 171 of title 28, United States Code, commonly known as
the ‘Federal Tort Claims Act’, the Contract Disputes Act of 1978
(41 U.S.C. 601 et seq.), declination and waiver procedures, appeal
procedures, reassumption procedures, discretionary grant proce-
dures for grants awarded under section 103, property donation
procedures arising under section 105(f), internal agency procedures
relating to the implementation of this Act, retrocession and tribal
organization relinquishment procedures, contract proposal contents,
conflicts of interest, construction, programmatic reports and data
requirements, procurement standards, property management stand-
ards, and financial management standards.
‘‘(2)(A) The regulations promulgated under this Act, including
the regulations referred to in this subsection, shall be promul-
gated—
‘‘(i) in conformance with sections 552 and 553 of title 5,
United States Code and subsections (c), (d), and (e) of this
section; and
‘‘(ii) as a single set of regulations in title 25 of the Code
of Federal Regulations.
‘‘(B) The authority to promulgate regulations set forth in this
Act shall expire if final regulations are not promulgated within
18 months after the date of enactment of the Indian Self-Determina-
tion Contract Reform Act of 1994.
‘‘(b) The provisions of this Act shall supersede any conflicting
provisions of law (including any conflicting regulations) in effect
on the day before the date of enactment of the Indian Self-Deter-
mination Contract Reform Act of 1994, and the Secretary is author-
ized to repeal any regulation inconsistent with the provisions of
this Act.’’; and
(2) by adding at the end of section 107, the following
new subsections:
‘‘(d)(1) In drafting and promulgating regulations as provided
in subsection (a) (including drafting and promulgating any revised
regulations), the Secretary of the Interior and the Secretary of
Health and Human Services shall confer with, and allow for active
participation by, representatives of Indian tribes, tribal organiza-
tions, and individual tribal members.
‘‘(2)(A) In carrying out rulemaking processes under this Act,
the Secretary of the Interior and the Secretary of Health and
Human Services shall follow the guidance of—