
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC450h]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER II--INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
 
                    Part A--Indian Self-Determination
 
Sec. 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, 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 450f of this title 
    and the additional costs associated with the initial years of 
    operation under such a contract or contracts; or
        (3) the acquisition of land in connection with items (1) and (2) 
    above: Provided, That in the case of land within Indian country (as 
    defined in chapter 53 of title 18) 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 \1\ Interior may (upon request 
    of the tribe) acquire such land in trust for the tribe.
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    \1\ So in original. Probably should be followed by ``the''.
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(b) Grants by Secretary of Health and Human Services for development, 
        maintenance, etc., of health facilities or services and 
        improvement of contract capabilities implementing hospital and 
        health facility functions

    The Secretary of Health and Human Services may, in accordance with 
regulations adopted pursuant to section 450k of this title, make grants 
to any Indian tribe or tribal organization for--
        (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 450g \2\ of this title.
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    \2\ See References in Text note below.
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(c) Use as matching shares for other similar Federal grant programs

    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 this section are 
made.

(d) Technical assistance

    The Secretary is directed, upon the request of any tribal 
organization and subject to the availability of appropriations, to 
provide technical assistance on a nonreimbursable basis to such tribal 
organization--
        (1) to develop any new self-determination contract authorized 
    pursuant to this subchapter;
        (2) to provide for the assumption by such tribal organization of 
    any program, or portion thereof, provided for in section 450f(a)(1) 
    of this title; or
        (3) to develop modifications to any proposal for a self-
    determination contract which the Secretary has declined to approve 
    pursuant to section 450f of this title.

(e) Grants for technical assistance and for planning, etc., Federal 
        programs for tribe

    The Secretary is authorized, upon the request of an Indian tribe, to 
make a grant to any tribal organization for--
        (1) obtaining technical assistance from providers designated by 
    the tribal organization, including tribal organizations that operate 
    mature contracts, for the purposes of program planning and 
    evaluation, including the development of any management systems 
    necessary for contract management, and the development of cost 
    allocation plans for indirect cost rates; and
        (2) the planning, designing, monitoring, and evaluating of 
    Federal programs serving the tribe, including Federal administrative 
    functions.

(Pub. L. 93-638, title I, Sec. 103, formerly Sec. 104, Jan. 4, 1975, 88 
Stat. 2207; renumbered Sec. 103 and amended Pub. L. 100-472, title II, 
Sec. 202, Oct. 5, 1988, 102 Stat. 2289; Pub. L. 101-644, title II, 
Sec. 203(g)(1), Nov. 29, 1990, 104 Stat. 4666.)

                       References in Text

    Section 450g of this title, referred to in subsec. (b)(2), was in 
the original ``section 103 of this Act'', meaning section 103 of Pub. L. 
93-638, the Indian Self-Determination Act. Section 103(a) and (b) and 
the first sentence of section 103(c) of Pub. L. 93-638 were repealed, 
and the remainder of section 103(c) of Pub. L. 93-638 was redesignated 
as section 102(d) of Pub. L. 93-638 (section 450f(d) of this title) by 
Pub. L. 100-472, title II, Sec. 201(b)(1), Oct. 5, 1988, 102 Stat. 2289. 
Section 104 of Pub. L. 93-638 was renumbered as section 103 of Pub. L. 
93-638 by section 202(a) of Pub. L. 100-472, and is classified to this 
section.


                            Prior Provisions

    A prior section 103 of Pub. L. 93-638 was classified to section 450g 
of this title and was repealed in part and transferred in part by 
section 201(b)(1) of Pub. L. 100-472.


                               Amendments

    1990--Subsec. (a)(3). Pub. L. 101-644, which directed the 
substitution of ``Indian country (as defined in chapter 53 of title 
18)'' for ``reservation boundaries'' in ``section 301(a)(3) of the 
Indian Self-Determination Act (25 U.S.C. 450h(a)(3))'', was executed to 
this section, section 103(a)(3) of that Act, to reflect the probable 
intent of Congress.
    1988--Subsec. (a). Pub. L. 100-472, Sec. 202(b), inserted ``or'' at 
end of par. (2), substituted a period for ``; or'' at end of par. (3), 
and struck out par. (4) which read as follows: ``the planning, 
designing, monitoring, and evaluating of Federal programs serving the 
tribe.''
    Subsec. (b). Pub. L. 100-472, Sec. 202(c), substituted ``Health and 
Human Services'' for ``Health, Education, and Welfare''.
    Subsecs. (d), (e). Pub. L. 100-472, Sec. 202(d), added subsecs. (d) 
and (e).


            Authority of Secretary To Acquire Lands In Trust

    Section 203(g)(2) of Pub. L. 101-644 provided that: ``The amendment 
made by paragraph (1) [amending this section] shall not alter or 
otherwise modify or affect existing prohibitions or limitations on the 
Secretary's authority to acquire lands in trust.''

                  Section Referred to in Other Sections

    This section is referred to in sections 450b, 450f, 450j, 450k, 
450m, 2010, 2024, 2026 of this title; title 42 section 2004b.
