An Act to provide maximum Indian participation in the government and education of the Indian people; to provide for the full participation of Indian tribes in programs and services conducted by the Federal Government for Indians and to encourage the development of human resources of the Indian people; to establish a program of assistance to upgrade Indian education; to support the right of Indian citizens to control their own educational activities; and for other purposes.
PL 93-638 (S.1017), enacted 01/04/1975

Ante, 
p. 2201. 
88 STAT. ] 
PUBLIC LAW 93-638-JAN. 4, 1975 
2203 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 207. The Federal Trade Commission Act (15 U.S.C. 41 et seq.) 
is amended by inserting after section 19 the following new Section: 
"SEC. 20. There are authorized to be appropriated to carry out the 
^
^ use S7c. 
functions, powers, and duties of the Federal Trade Commission not 
to exceed $42,000,000 for the fiscal year ending June 30, 1975; not to 
exceed $46,000,000 for the fiscal year ending June 30, 1976; and not to 
exceed $50,000,000 for the fiscal year ending in 1977. For fiscal years 
ending after 1977, there may be appropriated to carry out such func-
tions, powers, and duties, only such sums as the Congress may hereafter 
authorize by law." 
Approved January 4, 1975. 
Public Law 93-638 
AN : A C T 
January 4, 1975 
To provide maximum Indian participation in the Government and education of 
'-^' ^^^^^ 
tlie Indian people; to provide for the full participation of Indian tribes in 
programs and services conducted by the Federal Government for Indians and 
to encourage the development of human resources of the Indian ptiople; to 
establish a program of assistance to upgrade Indian education; to support the 
right of Indian citizens to control their own educational activities; and for 
other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
Indian seif-
be cited as the "Indian Self-Determination and Education Assistance Educ'a'^ion ATSL"-
_/^Q^" 
ance A c t . 
25 u s e 450 
CONGRESSIONAL FINDINGS 
note. 
SEC. 2. (a) The Congress, after careful review of the Federal 
^^ "
^
*
-
^ '*^°" 
Government's historical and special legal relationship with, and result-
ing responsibilities to, American Indian people, finds that— 
(1) the prolonged Federal domination of Indian service pro-
grams has served to retard rather than enhance the progress of 
Indian people and their communities by depriving Indians of the 
full opportunity to develop leadership skills crucial to the realiza-
tion of self-government, and has denied to the Indian people an 
effective voice in the planning and implementation of programs 
for the benefit of Indians which are responsive to the true needs 
of Indian communities; and 
(2) the Indian people will never surrender their desire to con-
trol their relationships both among themselves and with non-
Indian governments, organizations, and persons. 
(b) The Congress further finds that—• 
(1) true self-determination in any society of people is depend-
ent upon an educational process which will insure the development 
of qualified people to fulfill meaningful leadership roles; 
(2) the Federal responsibility for and assistance to education 
of Indian children has not effected the desired level of educational 
achievement or created the diverse opportunities and personal 
satisfaction which education can and should provide; and 
(3) parental and community control of the educational process 
is of crucial importance to the Indian people. 
DECLARATION or POLICY 
SEC. 3. (a) The Congress hereby recognizes the obligation of the 
^s use 450a. 
2204 
PUBLIC LAW 93-638-JAN. 4, 1975 
[88 STAT. 
United States to respond to the strong expression of the Indian people 
for self-determination by assuring maximum Indian participation in 
the direction of educational as well as other Federal services to Indian 
communities so as to render such services more responsive to the needs 
and desires of those communities. 
(b) The Congress declares its commitment to the maintenance of 
the Federal Government's unique and continuing relationship with 
and responsibility to the Indian people through the establishment of 
a meaningful Indian self-determination policy which will permit an 
orderly transition from Federal domination of programs for and 
services to Indians to effective and meaningful participation by the 
Indian people in the planning, conduct, and administration of those 
programs and services. 
(c) The Congress declares that a major national goal of the United 
States is to provide the quantity and -quality of educational services 
and opportunities which will permit Indian children to compete and 
excel in the life areas of their choice, and to achieve the measure of 
self-determination essential to their social and economic well-being. 
25 use 450b. 
DEFINITIONS 
SEC. 4. For the purposes of this Act, the term— 
(a) "Indian" means a person who is a member of an Indian 
tribe; 
(b) "Indian tribe" means any Indian tribe, band, nation, or 
other organized group or connrnmity, including any Alaska 
Native village or regional or village corporation as defined in or 
establislied pursuant to the Alaska Native Claims Settlement Act 
(85 Stat. 688) which is recognized as eligible for the special pro-
grams and services provided by the Ignited States to Indians 
because of their status as Indians; 
(c) "Tribal organization" means the recognized governing body 
of any Indian tribe; any legally established organization of 
Indians which is controlled, sanctioned, or chartered by such 
governing body or which is democratically elected by the adult 
members of the Indian community to be served by such organiza-
tion and which includes the maximum participation of Indians in 
all phases of its activities: Provided^ That in any case where a 
contract is let or grant made to an organization to perform services 
benefitting more than one Indian tribe, the approval of each such 
Indian tribe shall be a prerequisite to the letting or making of 
such contract or grant; 
(d) "Secretary", unless otherwise designated, means the Secre-
tary of the Interior; 
(f) "State education agency" means the State board of educa-
tion or other agency or officer primarily responsible for supervision 
by the State of public elementary and secondary schools, or, if 
there is no such officer or agency, an officer or agency designated 
by the Governor or by State law. 
REPORTING AND AUDIT REQUIREMENTS 
Recordkeeping. 
gj;c. 5. (a) Each rccipleut of Federal financial assistance from the 
Secretary of Interior or the Secretary of Health, Education, and 
Welfare, under this Act, shall keep such records as the appropriate 
Secretary shall prescribe, including records which fully disclose the 
amount and disposition by such recipient of the proceeds of such 
assistance, the cost of the project or undertaking in connection with 
which such assistance is given or used, the amount of that portion of 
the cost of the project or undertaking supplied by other sources, and 
88 STAT. ] 
PUBLIC LAW 93-638-JAN. 4, 1975 
2205 
such other records as will facilitate an effective audit. 
(b) The Comptroller General and the appropriate Secretary, or 
any of their duly authorized representatives, shall, until the expira-
tion of three years after completion of the project or undertaking 
referred to in the preceding subsection of this section, have access (for 
the purpose of audit and examination) to any books, documents, 
papers, and records of such recipients which in the opinion of the 
Comptroller General or the appropriate Secretary may be related or 
pertinent to the grants, contracts, subcontracts, subgrants, or other 
arrangements referred to in the preceding subsection. 
(c) Each recipient of Federal financial assistance referred to in 
subsection (a) of this section shall make such reports and information 
available to the Indian people served or represented by such recipient 
as and in a manner determined to be adequate by the appropriate 
Secretary. 
(d) Any funds paid to a financial assistance recipient referred to 
in subsection (a) of this section and not expended or used for the 
purposes for which paid shall be repaid to the Treasury of the United 
States. 
PENALTIES 
SEC. 6. Whoever, being an officer, director, agent, or employee of, 
or connected in any capacity with, any recipient of a contract, sub-
contract, grant, or subgrant pursuant to this Act or the Act of 
April 16, 1934 (48 Stat. 596), as amended, embezzles, willfully mis-
applies, steals, or obtains by fraud any of the money, funds, assets, or 
property which are the subject of such a grant, subgrant, contract, or 
subcontract, shall be fined not more than $10,000 or imprisoned for 
not more than two years, or both, but if the amount so embezzled, 
misapplied, stolen, or obtained by fraud does not exceed $100, he shall 
b2 fined not more than $1,000 or imprisoned not more than one year, 
or both. 
WAGE AND LABOR STANDARDS 
25 u s e 450d. 
25 u s e 452. 
25 u s e 450e. 
SEC. 7. (a) All laborers and mechanics employed by contractors of 
subcontractors in the construction, alteration, or repair, including 
painting or decorating of buildings or other facilities in connection 
with contracts or grants entered into pursuant to this Act, shall be 
paid wages at not less than those prevailing on similar construction 
in the locality, as determined by the Secretary of Labor in accordance 
with the Davis-Bacon Act of March 3,1931 (46 Stat. 1494), as 
amended. With respect to construction, alteration, or repair work to 
'^^ ^^^ 276a 
which the Act of March 3, 1921 is applicable under the terms of this 
section, the Secretary of Labor shall have the authority and functions 
set forth in Reorganization Plan Numbered 14 of 1950 (15 F.Il. 3176; 
64 Stat. 1267) and section 2 of the Act of June 13,1934 (48 Stat. 948, ^ use app. ii. 
40 U.S.C. 276c). 
(b) Any contract, subcontract, grant, or subgrant pursuant to this 
Act, the Act of April 16,1934 (48 Stat. 596), as amended, or any other 
25 use 452. 
Act authorizing Federal contracts with or grants to Indian organiza-
tions or for the benefit of Indians, shall require that to the greatest 
extent feasible— 
(1) preferences and opportunities for training and employ-
ment in connection with the administration of such contracts or 
grants shall be given to Indians; and 
(2) preference in the award of subcontracts and subgrants in 
connection with the administration of such contracts or grants 
shall be given to Indian organizations and to Indian-owned eco-
nomic enterprises as defined in section 3 of the Indian Financing 
Act of 1974 (88 Stat. 77). 
25 use 1452. 
2206 
PUBLIC LAW 93-638-JAN. 4, 1975 
[88 STAT. 
CARRYOVER OF FUNDS 
25 u s e 13a. 
25 u s e 13, 52a. 
Citation of title. 
25 u s e 450f 
note. 
25 u s e 450f. 
25 u s e 452. 
25 u s e 13, 52a, 
SEC. 8. The provisions of any other laws to the contrary notwith-
standing, any funds appropriated pursuant to the Act of November 2, 
1921 (42 Stat. 208), for any fiscal year which are not obligated and 
expended prior to the beginning of the fiscal year succeeding the fiscal 
year for which such funds were appropriated shall remain available 
for obligation and expenditure during such succeeding fiscal year. 
TITLE I—INDIAN SELF-DETERMINATION ACT 
SEC. 101. This title may be cited as the ''Indian Self-Determination 
Act". 
CONTRACTS BY T H E SECRETARY OF THE 
INTERIOR 
SEC. 102. (a) The Secretary of the Interior is directed, upon the 
request of any Indian tribe, to enter into a contract or contracts with 
any tribal organizaton of any such Indian tribe to plan, conduct, and 
administer programs, or portions thereof, provided for in the Act 
of April 16, 1934 (48 Stat. 596), as amended by this Act, any other 
program or portion thereof which the Secretary of the Interior is 
authorized to administer for the benefit of Indians under the Act 
of November 2, 1921 (42 Stat. 208), and any Act subsequent thereto: 
Provided^ however, That the Secretary may initially decline to enter 
into any contract requested by an Indian tribe if he finds that: (1) 
the service to be rendered to the Indian beneficiaries of the particular 
j)rogram or function to be contracted will not be satisfactory; (2) 
adequate protection of trust resources is not assured, or (3) the pro-
posed project or function to be contracted for cannot be properly com-
pleted or maintained by the proposed contract: Provided 
further, 
That in arriving at his finding, the Secretary shall consider whether 
the tribe or tribal organization would be deficient in performance 
under the contract with respect to (A) equipment, (B) bookkeeping 
and accounting procedures, (C) substantive knowledge of the pro-
gram to be contracted for, (D) community support for the contract, 
(E) adequately trained personnel, or (F) other necessary components 
of contract performance. 
(b) Whenever the Secretary declines to enter into a contract or con-
tracts pursuant to subsection (a) of this section, he shall (1) state his 
objections in writing to the tribe within sixty days, (2) provide to the 
extent practicable assistance to the tribe or tribal organization to over-
come his stated objections, and (3) provide the tribe with a hearing, 
under such rules and regulations as he may promulgate, and the oppor-
tunity for appeal on the objections raised. 
(c) The Secretary is authorized to require any tribe requesting that 
he enter into a contract pursuant to the provisions of this title to obtain 
adequate liability insurance: Provided, however, That each such policy 
of insurance shall contain a provision that the insurance carrier shall 
waive any right it may have to raise as a defense the tribe's sovereign 
immunity 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 and limits of the policy of insurance. 
CONTRACTS BY T H E SECRETARY OF H E A L T H , EDUCATION, AND WELFARE 
25 use 450g. 
gj,^_ -
^
Q
g
^ ^^^ ^ j ^ ^ Secrctary of Health, Education, and Welfare is 
directed, upon the request of any Indian tribe, to enter into a contract 
or contracts with any tribal organization of any such Indian tribe to 
carry out any or all of his functions, authorities, and responsibilities 
88 STAT. ] 
PUBLIC LAW 93-638-JAN. 4, 1975 
2207 
under the Act of August 5,1954 (68 Stat. 674), as amended: Provided, 
^^ use 2001. 
however, That the Secretary may initially decline to enter into any 
contract requested by an Indian tribe if he finds that: (1) the service 
to be rendered to the Indian beneficiaries of the particular program 
or function to be contracted for will not be satisfactory; (2) adequate 
protection of trust resources is not assured; or (3) the proposed project 
or function to be contracted for cannot be properly completed or main-
tained by the proposed contract: Provided further^ That the Secretary 
of Health, Education, and Welfare, in arriving at his finding, shall 
consider whether the tribe or tribal organization would be deficient in 
performance under the contract with respect to (A) equipment, (B) 
bookkeeping and accounting procedures, (C) substantive knowledge 
of the program to be contracted for, (D) community support for the 
contract, (E) adequately trained personnel, or (F) other necessary 
components of contract performance. 
(b) Whenever the Secretary of Health, Education, and Welfare 
declines to enter into a contract or contracts pursuant to subsection (a) 
of this section, he shall (1) state his objections in writing to the tribe 
within sixty days; (2) provide, to the extent practicable, assistance 
to the tribe or tribal organization to overcome his stated objections; 
and (3) provide the tribe with a hearing, under such rules and regula- 
"taring. 
tions as he shall promulgate, and the opportunity for appeal on the 
objections raised. 
(c) The Secretary of Health, Education, and Welfare is authorized 
to require any tribe requesting that he enter into a contract pursuant 
to the provisions of this title to obtain adequate liability insurance: 
Provided, hotoever, That each such policy of insurance shall contain 
a provision that the insurance carrier shall waive any right it may 
have to raise as a defense the tribe's sovereign immunity 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 and limits of the policy of insurance. 
Liability insur-
GRANTS TO INDIAN TRIBAL ORGANIZATIONS 
25 u s e 450h. 
SEC. 104. (a) The Secretary of the Interior is authorized, upon the 
request of any Indian tribe (from funds appropriated for the benefit 
of Indians pursuant to the Act of November 2, 1921 (42 Stat. 208), 
^^ "^^ ^^' ^^''' 
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, or merit 
personnel systems; the improvement of tribally funded programs 
or activities; or the development, construction, improvement, 
maintenance, preservation, or operation of tribal facilities or 
resources) ; 
(2) the planning, training, evaluation of other activities 
designed to improve the capacity of a tribal organization to 
enter into a contract or contracts pursuant to section 102 of this 
Act and the additional costs associated with the initial years of 
operation under such a contract or contracts; 
(3) the acquisition of land in connection with items (1) and 
(2) above: Provided, That in the case of land within reserva-
tion boundaries or which adjoins on at least two sides lands held 
in trust by the United States for the tribe or for individual 
Indians, the Secretary of Interior may (upon request of the 
tribe) acquire such land in trust for the tribe; or 
43 use 1601 
note. 
2208 
PUBLIC LAW 93-638-JAN. 4, 1975 
[88 STAT. 
(4) the planning, designing, monitoring, and evaluating of 
Federal programs serving the tribe. 
(b) The Secretary of Health, Education, and Welfare may, in 
accordance with regulations adopted pursuant to section 107 of this 
Act, make grants to any Indian tribe or tribal organization f or— 
(1) the development, construction, operation, provision, or 
maintenance of adequate health facilities or services including 
the training of personnel for such work, from funds appropriated 
to the Indian Health Service for Indian health services or Indian 
health facilities; or 
(2) planning, training, evaluation or other activities designed 
to improve the capacity of a tribal organization to enter into a 
contract or contracts pursuant to section 103 of this Act. 
(c) The provisions of any other Act notwithstanding, any funds 
made available to a tribal organization under grants pursuant to this 
section may be used as matching shares for any other Federal grant 
programs which contribute to the purposes for which grants under 
tiiis section are made. 
PERSONNEL 
SEC. 105. (a) Section 3371(2) of chapter 33 of title 5, United States 
Code, is amended (1) by deleting the word "and" immediately after 
the semicolon in clause (A) ; (2) by deleting the period at the end of 
clause (B) and inserting in lieu thereof a semicolon and the word 
''and"; and (3) by adding at the end thereof the following new clause: 
"(C) any Indian tribe, band, nation, or other organized group 
or community, including any Alaska Native village as defined in 
the Alaska Native Claims Settlement Act (85 Stat. 688), which 
is recognized as eligible for the special programs and services 
provided by the United States to Indians because of their status 
as Indians and includes any tribal organization as defined in sec-
tion 4(c) of the Indian Self-Determination and Education 
Ante, p. 2204. 
AssistaUCC A c t . " 
(b) The Act of August 5, 1954 (68 Stat. 674), as amended, is fur-
ther amended by adding a new section 8 after section 7 of the Act, 
as follows: 
42 use 2004b. 
"SEC. 8. In accordance with subsection (d) of section 214 of the 
42 use 215. 
Public Health Service Act (58 Stat. 690), as amended, upon the request 
of any Indian tribe, band, group, or community, commissioned officers 
of the Service may be assigned by the Secretary for the purpose of 
assisting such Indian tribe, group, band, or community in carrying 
out the provisions of contracts with, or grants to, tribal organizations 
221"!^' ^^' ^^°^' pursuant to section 102, 103, or 104 of the Indian Self-Determination 
and Education Assistance Act". 
(c) Paragraph (2) of subsection (a) of section 6 of the Military 
456. 
''^''" 
Selective Service Act of 1967 (81 Stat. 100), as amended, is amended by 
inserting after the words "Environmental Science Services Adminis-
tration" the words "or who are assigned to assist Indian tribes, groups, 
bands, or communities pursuant to the Act of August 5, 1954 (68 Stat. 
674), as amended". 
(d) Section 502 of the Intergovernmental Personnel Act of 1970 (84 
Stat. 1909,1925) is amended— 
(1) by deleting the word "and" after paragraph (3) ; 
(2) by deleting the period after paragraph (4) and inserting in 
lieu thereof a semicolon and the word "and"; and 
(3) by adding at the end thereof the following new paragraph; 
"(5) Notwithstanding the population requirements of section 
4743^^'^ ^^^^' 
203(a) and 303(c) of this Act, a 'local government' and a 'gen-
eral local government' also mean the recognized governing body 
of an Indian tribe, band, pueblo, or other organized group or com-
42 
use 2004a. 
42 
use 
2001. 
42 
use 4762. 
88 
STAT.] 
PUBLIC LAW 93-638-JAN. 4, 1975 
2209 
munity, including any Alaska Native village, as defined in the 
Alaska Native Claims Settlement Act (85 Stat. 688), which per-
forms substantial governmental functions. The requirements of 
sections 203(c) and 303(d) of this Act, relating to reviews by the 
Governor of a State, do not apply to grant applications from the 
governing body of an Indian tribe, although nothing in this Act 
is intended to discourage or prohibit voluntary communication 
and cooperation between Indian tribes and State and local 
governments." 
(e) Notwithstanding any other law, executive order, or administra-
tive 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 on or before December 31, 1985, in connection 
with governmental or other activities which are or have been per-
formed 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, 
United States Code, 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 pay-
ment (including an allowance, gratuity, payment under an insur-
ance 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, United States Code, 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") of title 5, United States Code, 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, Ignited 
States Code) ; and the period during which coverage, rights, and 
benefits are retained under this paragraph is deemed creditable 
service under section 8332 of title 5, ITnited States Code. 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, United States Code, 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, United 
States Code) ; 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, United States Code. 
(4) To retain coverage, rights, and benefits under chapter 87 
("Life Insurance") of title 5, United States Code, if necessary 
43 u s e 1601 
note. 
42 u s e 4723, 
4743, 
Certain tribal 
organization 
employees, cover-
age, rights, and 
benefits. 
25 u s e 450i. 
Work injuries, 
compensation. 
5 u s e 8101. 
Retirement. 
5 u s e 8301. 
Health insur-
ance. 
5 u s e 8901. 
Life insurance. 
5 u s e 8701. 
2210 
PUBLIC LAW 93-638-JAN. 4, 1975 
[88 STAT. 
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, United 
States Code) ; and the period during which coverage, rights, and 
benefits are retained under this paragraph is deemed service as 
5 use 8701, 
^^ employee under chapter 87 of title 5, United States Code. 
(f) 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) An employee who is employed by a tribal oi'ganization 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 con-
tinue 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. 
"Employee." 
(h) YoT thc purposcs of subscctlous (e), (f), and (g) of this sec-
tion, the term "employee" means an employee as defined in section 
2105 of title 5, United States Code. 
Regulations, 
^^^ /pj^g 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) Anything in sections 205 and 207 of title 18, United States Code 
to the contrary notwithstanding, officers and employees of the United 
States assigned to an Indian tribe as authorized under section 3372 
of title 5, United States Code, or section 2072 of the Revised Statutes 
(25 U.S.C. 48) 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 connection wth 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. 
ADMINISTRATIVE 
PROVISIONS 
25 use 450j. 
gj,(^^ ]
^
Q
g
_ (^^^ Contracts with tribal organizations pursuant to sec-
tions 102 and 103 of this Act shall be in accordance with all Federal 
contracting laws and regulations except that, in the discretion of the 
appropriate Secretary, such contracts may be negotiated without 
advertising and need not conform with the provisions of the Act of 
August 24,1935 (49 Stat. 793), as amended: Provided, That the appro-
priate Secretary may waive any provisions of such contracting laws 
or regulations which he determines are not appropriate for the pur-
poses of the contract involved or inconsistent with the provisions of 
this Act. 
(b) Payments of any grants or under any contracts pursuant to 
section 102, 103, or 104 of this Act may be made in advance or by way 
of reimbursement and in such installments and on such conditions as 
40 u s e 270a. 
88 STAT. ] 
PUBLIC LAW 93-638-JAN. 4, 1975 
221:L 
the appropriate Secretary deems necessary to carry out the purposes 
of this title. 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 disburse-
ment by such organization. 
(c) Any contract requested by a tribe pursuant to sections 102 and 
Contracts, term. 
103 of this Act shall be for a term not to exceed one year unless the 
appropriate Secretary determines that a longer term would be advis-' 
able: Provided^ That such term may not exceed three years and shall be 
subject to the availability of appropriations: Provided^ further^ That 
the amounts of such contracts may be renegotiated annually to reflect 
factors, including but not limited to cost increases beyond the control 
of a tribal organization. 
(d) Notwithstanding any provision of law to the contrary, the 
appropriate Secretary may, at the request or consent of a tribal orga-
nization, revise or amend any contract or grant made by him pursuant 
to section 102, 103, or 104 of this Act with such organization as neces-
sary to carry out the purposes of this title: Provided^ however^ That 
whenever an Indian tribe requests retrocession of the appropriate 
Secretary for any contract entered into pursuant to this Act, such 
retrocession shall become effective upon a date specified by the appro-
priate Secretary not more than one hundred and twenty days from the 
date of the request by the tribe or at such later date as may be mutu-
ally agreed to by the appropriate Secretary and tlie tribe. 
(e) In connection with any contract or grant made pursuant to sec-
tion 102,103, or 104 of this Act, the appropriate Secretary may permit 
a tribal organization to utilize, in carrying out such contract or grant, 
existing school buildings, hospitals, and other facilities and all equip-
ment therein or appeitaining thereto and other personal property 
owned by the Government within his jui'isdiction under such terms and 
conditions as may be agreed upon for their use and maintenance. 
(f) The contracts authorized under sections 102 and 103 of this Act 
and grants pursuant to section 104 of this Act may include provisions 
for t'.ie performance of personal serAdces which would otherwise be 
performed by Federal employees including, but in no way limited to, 
functions such as determination of eligibility of applicants for assist-
ance, benefits, or services, and the extent or amount of such assistance, 
benefits, or services to be provided and the provisions of such assist-
ance, benefits, or services, all in accordance with the terms of the con-
tract or grant and applicable rules and regulations of the appropriate 
Secretary: Provided^ That the Secretary shall not make any contract 
which would impair his ability to discharge his trust responsibilities to 
any Indian tribe or individuals. 
(g) Contracts and grants with tribal organizations pursuant to sec-
tions 102,103, and 104 of this Act and the rules and regulations adopted 
by the Secretaries of the Interior and Health, Education, and Welfare 
pursuant to section 107 of this Act shall include provisions to assure 
the fair and uniform provision by such tribal organizations of the 
services and assistance they provide to Indians under such contracts 
and grants. 
(h) The amount of funds provided under the terms of contracts 
entered into pursuant to sections 102 and 103 shall not be less than the 
appropriate Secretary would have otherwise provided for his direct 
operation of the programs or portions thereof for the period covered 
by the contract: Provided^ That any savings in operation under such 
2212 
PUBLIC LAW 93-638-JAN. 4, 1975 
[88 STAT. 
contracts shall be utilized to provide additonal services or benefits 
under the contract. 
PROMULGATION OF RULES AND REGULATIONS 
25 use 450k. 
^^^^ 107. (a) The Secretaries of the Interior and of Health, Educa-
tion, and Welfare are each authorized to perform any and all acts 
and to make such rules and regulations as may be necessary and proper 
for the purposes of carrying out the provisions of this title. 
(b) (1) Within six months from the date of enactment of this Act, 
the Secretary of the Interior and the Secretary of Health, Education, 
and Welfare shall each to the extent practicable, consult with national 
and regional Indian organizations to consider and formulate appro-
priate rules and regulations to implement the provisions of this title. 
(2) Within seven months from the date of enactment of this Act, 
the Secretary of the Interior and the Secretary of Health, Education, 
and Welfare shall each present the proposed rules and regulations to 
the Committees on Interior and Insular Affairs of the United States 
Senate and House of Representatives. 
Publication in 
(•]) Witliiu eight months from the date of enactment of this Act, 
Federal Register, ^^^Q Sccrctary of the luterior and the Secretary of Health, Educa-
tion, and Welfare shall publish proposed rules and regulations in 
the Federal Register for the purpose of receiving comments from 
interested parties. 
(4) Within ten months from the date of enactment of this Act, 
the Secretary of the Interior and the Secretary of Health, Education, 
and Welfare shall promulgate rules and regulations to implement the 
provisions of this title. 
(c) The Secretary of the Interior and the Secretary of Health, 
Education, and Welfare are authorized to revise and amend any rules 
or regulations promulgated pursuant to this section: Provided, That 
prior to any revision or amendment to such rules or regulations, the 
respective Secretary or Secretaries shall present the proposed revision 
or amendment to the Committees on Interior and Insular Affairs of 
the United States Senate and House of Representatives and shall, to 
the extent practicable, consult with appropriate national or regional 
Indian organizations and shall publish any proposed revisions in the 
Federal Register not less than sixty days prior to the effective date 
of such rules and regulations in order to provide adequate notice to, 
and receive comments from, other interested parties. 
Publication in 
Federal Registe 
25 u s e 450/. 
25 u s e 450m. 
REPORTS 
SEC. 108. For each fiscal year during which an Indian tribal organi-
zation receives or expends funds pursuant to a contract or grant under 
this title, the Indian tribe which requested such contract or grant shall 
submit to the appropriate Secretary a report including, but not limited 
to, an accounting of the amounts and purposes for which Federal 
funds were expended, information on the conduct of the program or 
service involved, and such other information as the appropriate Secre-
tary may request. 
REASSUMPTION OF PROGRAMS 
SEC. 109. Each contract or grant agreement entered into pursuant to 
sexitions 102, 103, and 104 of this Act shall provide that in any case 
where the appropriate Secretary determines that the tribal organiza-
tion's performance under such contract or grant agreement involves 
(1) the violation of the rights or endangerment of the health, safety, 
or welfare of any persons; or (2) gross negligence or mismanagement 
88 STAT. ] 
PUBLIC LAW 93-638-JAN. 4, 1975 
2213 
in the handling or use of funds provided to the tribal organization 
pursuant to such contract or grant agreement, such Secretary may, 
under regulations prescribed by him and after providing notice and 
. Notice and hear-
hearing to such tribal organization, rescind such contract or grant '"^' 
agreement and assume or resume control or operation of the program, 
activity, or service involved if he determines that the tribal organiza-
tion has not taken corrective action as prescribed by him: Provided^ 
That the appropriate Secretary may, upon notice to a tribal organiza-
tion, immediately rescind a contract or grant and resume control or 
operation of a program, activity, or service if he finds that there is an 
immediate threat to safety and, in such cases, he shall hold a hearing on 
such action within ten days thereof. Such Secretary may decline to 
enter into a new contract or grant agreement and retain control of such 
program, activity, or service until such time as he is satisfied that the 
violations of rights or endangerment of health, safety, or welfare 
which necessitated the rescission has been corrected. Nothing in this 
section shall be construed as contravening the Occupational Safety 
and Health Act of 1970 (84 Stat. 1590), as amended (29 U.S.C. 651). 
EFFECT ON EXISTING 
RIGHTS 
SEC. 110. Nothing in this Act shall be construed as— 
^s use 450n. 
(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. 
TITLE II—THE INDIAN EDUCATION ASSISTANCE ACT 
SEC. 201. This title may be cited as the "Indian Education Assistance 
citation o
f title. 
A c t " . 
2 5 use 455 
PART A—EDUCATION OF INDIANS IN PUBLIC SCHOOLS 
note. 
SEC. 202. The Act of April 16, 1934 (48 Stat. 596), as amended, is 
" use 452. 
further amended by adding at the end thereof the following new 
sections: 
"SEC. 4. The Secretary of the Interior shall not enter into any con- 
25 use 455. 
tract for the education of Indians unless the prospective contractor 
has submitted to, and has had approved by the Secretary of the Inte-
rior, an education plan, which plan, in the determination of the Sec-
retary, contains educational objectives which adequately address the 
educational needs of the Indian students who are to be beneficiaries of 
the contract and assures that the contract is capable of meeting such 
objectives: Provided^ That where students other than Indian students 
participate in such programs, money expended under such contract 
shall be prorated to cover the participation of only the Indian students. 
"SEC. 5. (a) "\^nhienever a school district affected by a contract or con- 
25 use 456. 
tracts for the education of Indians pursuant to this Act has a local 
school board not composed of a majority of Indians, the parents of 
the Indian children enrolled in the school or schools affected by such 
contract or contracts shall elect a local committee from among their 
number. Such committee shall fully participate in the development 
of, and shall have the authority to approve or disapprove programs 
to be conducted under such contract or contracts, and shall carry out 
such other duties, and be so structured, as the Secretary of the Interior 
shall by regulation provide: Provided^ however^ That, whenever a local 
Indian committee or committees established pursuant to section 305 
(b) (2) (B) (ii) of the Act of June 23,1972 (86 Stat. 235) or an Indian 
advisory school board or boards established pursuant to this Act prior 
38-194 O - 76 - 57 Pt. 2 
2214 
PUBLIC LAW 93-638-JAN. 4, 1975 
[88 STAT. 
25 use ,457. 
Re port 
gressiona 
mittees. 
25 
note 
25 
use 
use 
to con 
1 com-
457 
452. 
20 use 
20 use 
note. 
20 use 
note. 
20 use 
236. 
821 
241aa 
631. 
Indian-con-
trolled community 
colleges. 
Contract author-
ity. 
25 use 458. 
to the date of enactment of this section exists in such school district, 
such committee or board may, in the discretion of the affected tribal 
governing body or bodies, be utilized for the purposes of this section. 
"(b) The Secretary of the Interior may, in his discretion, revoke 
any contract if the contractor fails to permit a local committee to 
perform its duties pursuant to subsection (a). 
"SEC. 6. Any school district educating Indian students who are 
members of recognized Indian tribes, who do not normally reside in 
the State in which such school district is located, and who are residing 
in Federal boarding facilities for the purposes of attending public 
schools within such district may, in the discretion of the Secretary 
of the Interior, be reimbursed by him for the full per capita costs of 
educating such Indian students." 
SEC. 203. After conferring with persons competent in the field of 
Indian education, the Secretary, in consultation with the Secretary 
of Health, Education, and Welfare, shall prepare and submit to the 
Committees on Interior and Insular Affairs of the United States Senate 
and House of Representatives not later than October 1, 1975, a report 
which shall include: 
(1) a comprehensive analysis of the Act of April 16, 1934 (48 
Stat. 596), as amended, including— 
(A) factors determining the allocation of funds for the 
special or supplemental educational programs of Indian 
students and current operating expenditures; 
(B) the relationship of the Act of April 16,1934 (48 Stat. 
596), as amended, to— 
(i) title I of the Act of September 30, 1950 (64 Stat. 
1100), as amended; and 
(ii) the Act of April 11, 1965 (79 Stat. 27), as 
amended; and 
(iii) title IV of the Act of June 23, 1972 (86 Stat. 
235); and 
(iv) the Act of September 23, 1950 (72 Stat. 548), as 
amended. 
(2) a specific program to meet the special educational needs of 
Indian children who attend public schools. Such program shall 
include, but need not be limited to, the following: 
(A) a plan for the equitable distribution of funds to meet 
the special or supplemental educational needs of Indian chil-
dren and, where necessary, to provide general operating ex-
penditures to schools and school districts educating Indian 
children; and 
(B) an estimate of the cost of such program; 
(3) detailed legislative recommendations to implement the pro-
gram prepared pursuant to clause (2) ; and 
(4) a specific program, together with detailed legislative rec-
ommendations, to assist the development and administration of 
Indian-controlled community colleges. 
PART B—SCHOOL CONSTRUCTION 
SEC. 204. (a) The Secretary is authorized to enter into a contract or 
contracts with any State education agency or school district for the 
purpose of assisting such agency or district in the acquisition of sites 
for, or the construction, acquisition, or renovation of facilities (includ-
ing all necessary equipment) in school districts on or adjacent to or in 
close proximity to any Indian reservation or other lands held in trust 
by the United States for Indians, if such facilities are necessary for 
the education of Indians residing on any such reservation or lands. 
88 STAT. ] 
PUBLIC LAW 93-638-JAN. 4, 1975 
2215 
(b) The Secretary may expend not less than 75 per centum of such 
funds as are authorized and appropriated pursuant to this part B on 
those projects which meet the eligibility requirements under subsec-
tions (a) and (b) of section 14 of the Act of September 23, 1950 
(72 Stat. 548), as amended. Such funds shall be allocated on the basis 
20 use 644. 
of existing funding priorities, if any, established by the United States 
Commissioner of Education under subsections (a) and (b) of section 
14 of the Act of September 23, 1950, as amended. The United States 
Commissioner of Education is directed to submit to the Secretary, 
at the beginning of each fiscal year, commencing with the first full 
fiscal year after the date of enactment of this Act, a list of those proj-
ects eligible for funding under subsections (a) and (b) of section 14 
of the Act of September 23,1950, as amended. 
(c) The Secretary may expend not more than 25 per centum of 
such funds as may be authorized and appropriated pursuant to this 
part B on any school eligible to receive funds under section 208 of 
this Act. 
(d) Any contract entered into by the Secretary pursuant to this sec-
tion shall contain provisions requiring the relevant State educational 
agency to— 
(1) provide Indian students attending any such facilities con-
structed, acquired, or renovated, in whole or in part, from funds 
made available pursuant to this section with standards of educa-
tion not less than those provided non-Indian students in the school 
district in which the facilities are situated; and 
(2) meet, with respect to such facilities, the requirements of 
the State and local building codes, and other building standards 
set by the State educational agency or school district for other 
public school facilities under its jurisdiction or control or by the 
local government in the jurisdiction within which the facilities 
are situated. 
(e) The Secretary shall consult with the entity designated pursuant 
to section 5 of the Act of April 16,1934 (48 Stat. 596), as amended by 
this Act, and with the governing body of any Indian tribe or tribes 
^"'e, p. 2213. 
the educational opportunity for the members of which will be signifi-
cantly affected by any contract entered into pursuant to this section. 
Such consultation shall be advisory only, but shall occur prior to the 
entering into of any such contract. The foregoing provisions of this 
subsection shall not be applicable where the application for a contract 
pursuant to this section is submitted by an elected school board of 
which a majority of its members are Indians. 
(f) Within ninety days following the expiration of the three year 
p-^ogram evaiu-
period following the date of the enactment of this Act, the Secretary congre7J'.°'^*'° 
shall evaluate the effectiveness of the program pursuant to this section 
and transmit a report of such evaluation to the Congress. Such report 
shall include— 
(1) an analysis of construction costs and the impact on such 
costs of the provisions of subsection (f) of this section and the 
Act of March 3, 1921 (46 Stat. 1491), as amended; 
(2) a description of the working relationship between the 
Department of the Interior and the Department of Health, Edu-
cation, and Welfare including any memorandum of understanding 
in connection with the acquisition of data pursuant to subsection 
(b) of this section; 
(3) projections of the Secretary of future construction needs 
of the public schools serving Indian children residing on or adja-
cent to Indian reservations: 
20 u s e 644. 
25 u s e 458b. 
2216 
PUBUC LAW 93-638-JAN. 4, 1975 
[88 STAT. 
(4) a description of the working relationship of the Department 
of the Interior with local or State educational agencies in connec-
tion with the contracting for construction, acquisition, or renova-
tion of school facilities pursuant to this section; and 
(5) the recommendations of the Secretary with respect to the 
transfer of the responsibility for administering subsections (a) 
and (b) of section 14 of the "Act of September 23, 1950 (72 Stat. 
548), as amended, from the Department of Health, Education, 
and Welfare to the Department of the Interior. 
Appropriation. 
^g^ YoT the purposc of carrying out the provisions of this section, 
there is authorized to be appropriated the sum of $35,000,000 for the 
fiscal year ending June 30, 1974; $35,000,000 for each of the four 
succeeding fiscal years; and thereafter, such sums as may be necessary, 
all of such sums to remain available until expended. 
PART C—GENERAL PROVISIONS 
25 use 458a. 
gp(^ 205. No funds from any grant or contract pursuant to this title 
shall be made available to any school district unless the Secretary is 
satisfied that the quality and standard of education, including facili-
ties and auxiliary services, for Indian students enrolled in the schools 
of such district are at least equal to that provided all other students 
from resources, other than resources provided in this title, available 
to the local school district. 
SEC. 206. No funds from any contract or grant pursuant to this 
title shall be made available by any Federal agency directly to other 
than public agencies and Indian tribes, institutions, and organizations: 
Provided, That school districts. State education agencies, and Indian 
tribes, institutions, and organizations assisted by this title may use 
funds provided herein to contract for necessary services with any 
appropriate individual, organization, or corporation. 
SEC. 207. (a) (1) Within six months from the date of enactment of 
this Act, the Secretary shall, to the extent practicable, consult with 
national and regional Indian organizations with experiences in Indian 
education to consider and formulate appropriate rules and regulations 
to implement the provisions of this title. 
(2) Within seven months from the date of enactment of this Act, 
the Secretary shall present the proposed rules and regulations to the 
Committees on Interior and Insular Affairs of the United States 
Senate and House of Representatives. 
(3) Within eight months from the date of enactment of this Act, the 
Secretary shall publish proposed rules and regulations in the Federal 
Register. 
Register for the purpose of receiving comments from interested parties. 
(4) Within ten months from the date of enactment of this Act, the 
Secretary shall promulgate rules and regulations to implement the 
provisions of this title. 
(b) The Secretary is authorized to revise and amend any rules or 
regulations promulgated pursuant to subsection (a) of this section: 
Fe^e'i^iTRegi'ster. Provided, That prior to any revision or amendment to such rules or 
regulations the Secretary shall, to the extent practicable, consult with 
appropriate national and regional Indian organizations, and shall 
publish any proposed revisions in the Federal Register not less than 
sixty days prior to the effective date of such rules and regulations in 
order to provide adequate notice to, and receive comments from, other 
interested parties. 
25 use 458d. 
gj,(2 208. The Secretary is authorized and directed to provide funds, 
pursuant to this Act: the the Act of April 16, 1934 (48 Stat. 596), as 
amended: or any other authority granted to him to any tribe or tribal 
organization which controls and manages any previously private 
25 u s e 458c. 
Rules and regu 
lations, publica-
tion in Federal 
25 u s e 452. 
88 STAT. ] 
PUBLIC LAW 93-640-JAN. 4, 1975 
2217 
school. The Secretary shall transmit annually to the Committees on 
Interior and Insular Affairs of the United States Senate and House 
of Representatives a report on the educational assistance program 
conducted pursuant to this section. 
SEC. 209. The assistance provided in this Act for the education of 
Indians in the public schools of any State is in addition and supple-
mental to assistance provided under title IV of the Act of June 23,1972 
(86 Stat. 235). 
Approved January 4, 1975. 
Report to con-
gressional com-
mittees. 
25 u s e 458e. 
20 u s e 241aa 
note. 
Public Law 93-639 
AN ACT 
To amend certain provisions of Federal law relating to explosives. 
January 4, 197! 
[S.1083] 
Explosives. 
18 u s e 845 
note. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
Amendments o
f 
be cited as "Amendments of 1973 to Federal Law Kelating to Law Reiaun"^to 
Explosives". 
SEC. 101. Section 845(a) of title 18 of the United States Code 
(relating to exemptions from certain provisions of Federal law relat-
ing to explosives) is amended by striking out paragraph (5) and 
inserting in lieu thereof the following new paragraph: 
"(5) commercially manufactured black powder in quantities 
not to exceed fifty pounds, percussion caps, safety and pyrotechnic 
fuses, quills, quick and slow matches, and friction primers, 
intended to be used solely for sporting, recreational, or cultural 
purposes in antique firearms as defined in section 921(a) (16) of 
title 18 of the United States Code, or in antique devices as 
exempted from the term 'destructive device' in section 921(a) (4) 
of title 18 of the United States Code; and". 
SEC. 102. Section 921(a) (4) of title 18 of the United States Code 
is amended by inserting after the word "sporting" in the last sentence 
the following:", recreational or cultural". 
Approved January 4, 1975. 
Public Law 93-640 
AN A C T 
January 4, 1975 
To amend the Public Health Service Act to expand the authority of the National 
^^' '^^^^'^ 
Institute of Arthritis, Metabolism, and Digestive Diseases in order to advance 
a national att ick on arthritis. 
Be it enacted by the Senate amd House of Representatives 
of the 
United States of America in Congress assemhled^ 
National Arthri-
tis Act of 1974. 
SHORT TITLE 
SECTION 1. This Act may be cited as the "National Arthritis Act of 
'
*
2 use 289c-1 
1974". 
FINDINGS AND DECLARATION OF PURPOSE 
SEC. 2, The Congress makes the following findings— 
42 use 289c-i 
(1) Arthritis and related musculoskeletal diseases constitute "°'^' 
major health problems in the United States in that they afilict 
more than twenty million Americans and are the greatest single 
cause of chronic pain and disability. 
(2) The complications of arthritis lead to many other serious