
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: 25USC450j]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER II--INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
 
                    Part A--Indian Self-Determination
 
Sec. 450j. Contract or grant provisions and administration


(a) Applicability of Federal contracting laws and regulations; waiver of 
        requirements

    (1) Notwithstanding any other provision of law, subject to paragraph 
(3), the contracts and cooperative agreements entered into with tribal 
organizations pursuant to section 450f of this title shall not be 
subject to Federal contracting or cooperative agreement laws (including 
any regulations), except to the extent that such laws expressly apply to 
Indian tribes.
    (2) Program standards applicable to a nonconstruction self-
determination contract shall be set forth in the contract proposal and 
the final contract of the tribe or tribal organization.
    (3)(A) With respect to a construction contract (or a subcontract of 
such a construction contract), the provisions of the Office of Federal 
Procurement Policy Act (41 U.S.C. 401 et seq.) and the regulations 
relating to acquisitions promulgated under such Act shall apply only to 
the extent that the application of such provision to the construction 
contract (or subcontract) is--
        (i) necessary to ensure that the contract may be carried out in 
    a satisfactory manner;
        (ii) directly related to the construction activity; and
        (iii) not inconsistent with this subchapter.

    (B) A list of the Federal requirements that meet the requirements of 
clauses (i) through (iii) of subparagraph (A) shall be included in an 
attachment to the contract pursuant to negotiations between the 
Secretary and the tribal organization.
    (C)(i) Except as provided in subparagraph (B), no Federal law listed 
in clause (ii) or any other provision of Federal law (including an 
Executive order) relating to acquisition by the Federal Government shall 
apply to a construction contract that a tribe or tribal organization 
enters into under this subchapter, unless expressly provided in such 
law.
    (ii) The laws listed in this paragraph are as follows:
        (I) The Federal Property and Administrative Services Act of 1949 
    (40 U.S.C. 471 et seq.).
        (II) Section 3709 of the Revised Statutes [41 U.S.C. 5].
        (III) Section 9(c) of the Act of Aug. 2, 1946 (60 Stat. 809, 
    chapter 744).
        (IV) Title III of the Federal Property and Administrative 
    Services Act of 1949 (63 Stat. 393 et seq., chapter 288) [41 U.S.C. 
    251 et seq.].
        (V) Section 13 of the Act of Oct. 3, 1944 (58 Stat. 770; chapter 
    479) [50 App. U.S.C. 1622].
        (VI) Chapters 21, 25, 27, 29, and 31 of title 44.
        (VII) Section 2 of the Act of June 13, 1934 (48 Stat 948, 
    chapter 483 \1\) [40 U.S.C. 276c].
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    \1\ So in original. probably should be ``482''.
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        (VIII) Sections 1 through 12 of the Act of June 30, 1936 (49 
    Stat. 2036 et seq. chapter 881) [41 U.S.C. 35-45].
        (IX) The Service Control Act of 1965 (41 U.S.C. 351 et seq.).
        (X) The Small Business Act (15 U.S.C. 631 et seq.).
        (XI) Executive Order Nos. 12138, 11246, 11701 and 11758.

(b) Payments; transfer of funds by Treasury for disbursement by tribal 
        organization; accountability for interest accrued prior to 
        disbursement

    Payments of any grants or under any contracts pursuant to sections 
450f and 450h of this title may be made in advance or by way of 
reimbursement and in such installments and on such conditions as the 
appropriate Secretary deems necessary to carry out the purposes of this 
part. 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 disbursement by such 
organization.

(c) Term of self-determination contracts; annual renegotiation

    (1) A self-determination contract shall be--
        (A) for a term not to exceed three years in the case of other 
    than a mature contract, unless the appropriate Secretary and the 
    tribe agree that a longer term would be advisable, and
        (B) for a definite or an indefinite term, as requested by the 
    tribe (or, to the extent not limited by tribal resolution, by the 
    tribal organization), in the case of a mature contract.

The amounts of such contracts shall be subject to the availability of 
appropriations.
    (2) The amounts of such contracts may be renegotiated annually to 
reflect changed circumstances and factors, including, but not limited 
to, cost increases beyond the control of the tribal organization.

(d) Calendar year basis for contracts

    (1) Beginning in fiscal year 1990, upon the election of a tribal 
organization, the Secretary shall use the calendar year as the basis for 
any contracts or agreements under this subchapter, unless the Secretary 
and the Indian tribe or tribal organization agree on a different period.
    (2) The Secretary shall, on or before April 1 of each year beginning 
in 1992, submit a report to the Congress on the amounts of any 
additional obligation authority needed to implement this subsection in 
the next following fiscal year.

(e) Effective date for retrocession of contract

    If an Indian tribe, or a tribal organization authorized by a tribe, 
requests retrocession of the appropriate Secretary for any contract or 
portion of a contract entered into pursuant to this subchapter, unless 
the tribe or tribal organization rescinds the request for retrocession, 
such retrocession shall become effective on--
        (1) the earlier of--
            (A) the date that is 1 year after the date the Indian tribe 
        or tribal organization submits such request; or
            (B) the date on which the contract expires; or

        (2) such date as may be mutually agreed by the Secretary and the 
    Indian tribe.

(f) Use of existing school buildings, hospitals, and other facilities 
        and equipment therein; acquisition and donation of excess or 
        surplus Government personal property

    In connection with any self-determination contract or grant made 
pursuant to section 450f or 450h of this title, the appropriate 
Secretary may--
        (1) permit an Indian tribe or tribal organization in carrying 
    out such contract or grant, to utilize existing school buildings, 
    hospitals, and other facilities and all equipment therein or 
    appertaining thereto and other personal property owned by the 
    Government within the Secretary's jurisdiction under such terms and 
    conditions as may be agreed upon for their use and maintenance;
        (2) donate to an Indian tribe or tribal organization title to 
    any personal or real property found to be excess to the needs of the 
    Bureau of Indian Affairs, the Indian Health Service, or the General 
    Services Administration, except that--
            (A) subject to the provisions of subparagraph (B), title to 
        property and equipment furnished by the Federal Government for 
        use in the performance of the contract or purchased with funds 
        under any self-determination contract or grant agreement shall, 
        unless otherwise requested by the tribe or tribal organization, 
        vest in the appropriate tribe or tribal organization;
            (B) if property described in subparagraph (A) has a value in 
        excess of $5,000 at the time of the retrocession, rescission, or 
        termination of the self-determination contract or grant 
        agreement, at the option of the Secretary, upon the 
        retrocession, rescission, or termination, title to such property 
        and equipment shall revert to the Department of the Interior or 
        the Department of Health and Human Services, as appropriate; and
            (C) all property referred to in subparagraph (A) shall 
        remain eligible for replacement on the same basis as if title to 
        such property were vested in the United States; and

        (3) acquire excess or surplus Government personal or real 
    property for donation to an Indian tribe or tribal organization if 
    the Secretary determines the property is appropriate for use by the 
    tribe or tribal organization for a purpose for which a self-
    determination contract or grant agreement is authorized under this 
    subchapter.

(g) Performance of personal services

    The contracts authorized under section 450f of this title and grants 
pursuant to section 450h of this title may include provisions for the 
performance of personal services which would otherwise be performed by 
Federal employees including, but in no way limited to, functions such as 
determination of eligibility of applicants for assistance, benefits, or 
services, and the extent or amount of such assistance, benefits, or 
services to be provided and the provisions of such assistance, benefits, 
or services, all in accordance with the terms of the contract 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.

(h) Fair and uniform provision by tribal organization of services and 
        assistance to covered Indians

    Contracts and grants with tribal organizations pursuant to sections 
450f and 450h of this title 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.

(i) Division of administration of program

    (1) If a self-determination contract requires the Secretary to 
divide the administration of a program that has previously been 
administered for the benefit of a greater number of tribes than are 
represented by the tribal organization that is a party to the contract, 
the Secretary shall take such action as may be necessary to ensure that 
services are provided to the tribes not served by a self-determination 
contract, including program redesign in consultation with the tribal 
organization and all affected tribes.
    (2) Nothing in this part shall be construed to limit or reduce in 
any way the funding for any program, project, or activity serving a 
tribe under this or other applicable Federal law. Any tribe or tribal 
organization that alleges that a self-determination contract is in 
violation of this section may apply the provisions of section 450m-1 of 
this title.

(j) Proposal to redesign program, activity, function, or service

    Upon providing notice to the Secretary, a tribal organization that 
carries out a nonconstruction self-determination contract may propose a 
redesign of a program, activity, function, or service carried out by the 
tribal organization under the contract, including any nonstatutory 
program standard, in such manner as to best meet the local geographic, 
demographic, economic, cultural, health, and institutional needs of the 
Indian people and tribes served under the contract. The Secretary shall 
evaluate any proposal to redesign any program, activity, function, or 
service provided under the contract. With respect to declining to 
approve a redesigned program, activity, function, or service under this 
subsection, the Secretary shall apply the criteria and procedures set 
forth in section 450f of this title.

(k) Access to Federal sources of supply

    For purposes of section 201(a) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 481(a)) (relating to 
Federal sources of supply, including lodging providers, airlines and 
other transportation providers), a tribal organization carrying out a 
contract, grant, or cooperative agreement under this subchapter shall be 
deemed an executive agency and part of the Indian Health Service when 
carrying out such contract, grant, or agreement and the employees of the 
tribal organization shall be eligible to have access to such sources of 
supply on the same basis as employees of an executive agency have such 
access. For purposes of carrying out such contract, grant, or agreement, 
the Secretary shall, at the request of an Indian tribe, enter into an 
agreement for the acquisition, on behalf of the Indian tribe, of any 
goods, services, or supplies available to the Secretary from the General 
Services Administration or other Federal agencies that are not directly 
available to the Indian tribe under this section or under any other 
Federal law, including acquisitions from prime vendors. All such 
acquisitions shall be undertaken through the most efficient and speedy 
means practicable, including electronic ordering arrangements.

(l) Lease of facility used for administration and delivery of services

    (1) Upon the request of an Indian tribe or tribal organization, the 
Secretary shall enter into a lease with the Indian tribe or tribal 
organization that holds title to, a leasehold interest in, or a trust 
interest in, a facility used by the Indian tribe or tribal organization 
for the administration and delivery of services under this subchapter.
    (2) The Secretary shall compensate each Indian tribe or tribal 
organization that enters into a lease under paragraph (1) for the use of 
the facility leased for the purposes specified in such paragraph. Such 
compensation may include rent, depreciation based on the useful life of 
the facility, principal and interest paid or accrued, operation and 
maintenance expenses, and such other reasonable expenses that the 
Secretary determines, by regulation, to be allowable.

(m) Statutory requirements; technical assistance; precontract 
        negotiation phase; fixed price construction contract

    (1) Each construction contract requested, approved, or awarded under 
this subchapter, shall be subject to--
        (A) except as otherwise provided in this subchapter, the 
    provisions of this subchapter, other than sections 450f(a)(2), 450j-
    1(l), 450l and 450m of this title; and
        (B) section 314 of the Department of the Interior and Related 
    Agencies Appropriations Act, 1991 (104 Stat. 1959).

    (2) In providing technical assistance to tribes and tribal 
organizations in the development of construction contract proposals, the 
Secretary shall provide, not later than 30 days after receiving a 
request from a tribe or tribal organization, all information available 
to the Secretary regarding the construction project, including 
construction drawings, maps, engineering reports, design reports, plans 
of requirements, cost estimates, environmental assessments or 
environmental impact reports, and archaeological reports.
    (3) Prior to finalizing a construction contract proposal pursuant to 
section 450f(a) of this title, and upon request of the tribe or tribal 
organization that submits the proposal, the Secretary shall provide for 
a precontract negotiation phase in the development of a contract 
proposal. Such phase shall include, at a minimum, the following 
elements:
        (A) The provision of technical assistance pursuant to section 
    450h of this title and paragraph (2).
        (B) A joint scoping session between the Secretary and the tribe 
    or tribal organization to review all plans, specifications, 
    engineering reports, cost estimates, and other information available 
    to the parties, for the purpose of identifying all areas of 
    agreement and disagreement.
        (C) An opportunity for the Secretary to revise the plans, 
    designs, or cost estimates of the Secretary in response to concerns 
    raised, or information provided by, the tribe or tribal 
    organization.
        (D) A negotiation session during which the Secretary and the 
    tribe or tribal organization shall seek to develop a mutually 
    agreeable contract proposal.
        (E) Upon the request of the tribe or tribal organization, the 
    use of an alternative dispute resolution mechanism to seek 
    resolution of all remaining areas of disagreement pursuant to the 
    dispute resolution provisions under subchapter IV of chapter 5 of 
    title 5.
        (F) The submission to the Secretary by the tribe or tribal 
    organization of a final contract proposal pursuant to section 
    450f(a) of this title.

    (4)(A) Subject to subparagraph (B), in funding a fixed-price 
construction contract pursuant to section 450j-1(a) of this title, the 
Secretary shall provide for the following:
        (i) The reasonable costs to the tribe or tribal organization for 
    general administration incurred in connection with the project that 
    is the subject of the contract.
        (ii) The ability of the contractor that carries out the 
    construction contract to make a reasonable profit, taking into 
    consideration the risks associated with carrying out the contract 
    and other relevant considerations.

    (B) In establishing a contract budget for a construction project, 
the Secretary shall not be required to separately identify the 
components described in clauses (i) and (ii) of subparagraph (A).
    (C) The total amount awarded under a construction contract shall 
reflect an overall fair and reasonable price to the parties, including 
the following costs:
        (i) The reasonable costs to the tribal organization of 
    performing the contract, taking into consideration the terms of the 
    contract and the requirements of this subchapter and any other 
    applicable law.
        (ii) The costs of preparing the contract proposal and supporting 
    cost data.
        (iii) The costs associated with auditing the general and 
    administrative costs of the tribal organization associated with the 
    management of the construction contract.
        (iv) In the case of a fixed-price contract, a fair profit 
    determined by taking into consideration the relevant risks and local 
    market conditions.
        (v) If the Secretary and the tribe or tribal organization are 
    unable to develop a mutually agreeable construction contract 
    proposal pursuant to the procedures set forth in this subsection, 
    the tribe or tribal organization may submit a final contract 
    proposal to the Secretary. Not later than 30 days after receiving 
    such final contract proposal, the Secretary shall approve the 
    contract proposal and award the contract, unless, during such period 
    the Secretary declines the proposal pursuant to subsections (a)(2) 
    and (b) \2\ of section 450f of this title (including providing 
    opportunity for an appeal pursuant to section 450f(b) of this 
    title).
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    \2\ See References in Text note below.
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(n) Rental rates for housing for Government employees in Alaska

    Notwithstanding any other provision of law, the rental rates for 
housing provided to an employee by the Federal Government in Alaska 
pursuant to a self-determination contract shall be determined on the 
basis of--
        (1) the reasonable value of the quarters and facilities (as such 
    terms are defined under section 5911 of title 5) to such employee, 
    and
        (2) the circumstances under which such quarters and facilities 
    are provided to such employee,

as based on the cost of comparable private rental housing in the nearest 
established community with a year-round population of 1,500 or more 
individuals.

(o) Patient records

                           (1) In general

        At the option of an Indian tribe or tribal organization, patient 
    records may be deemed to be Federal records under those provisions 
    of title 44 that are commonly referred to as the ``Federal Records 
    Act of 1950'' for the limited purposes of making such records 
    eligible for storage by Federal Records Centers to the same extent 
    and in the same manner as other Department of Health and Human 
    Services patient records.

                      (2) Treatment of records

        Patient records that are deemed to be Federal records under 
    those provisions of title 44 that are commonly referred to as the 
    ``Federal Records Act of 1950'' pursuant to this subsection shall 
    not be considered Federal records for the purposes of chapter 5 of 
    title 5.

(Pub. L. 93-638, title I, Sec. 105, formerly Sec. 106, Jan. 4, 1975, 88 
Stat. 2210; renumbered Sec. 105 and amended Pub. L. 100-472, title II, 
Sec. 204, Oct. 5, 1988, 102 Stat. 2291; Pub. L. 101-301, Sec. 2(a)(7), 
May 24, 1990, 104 Stat. 207; Pub. L. 101-644, title II, Sec. 203(c)-(e), 
Nov. 29, 1990, 104 Stat. 4666; Pub. L. 103-413, title I, Secs. 102(10)-
(13), 106, Oct. 25, 1994, 108 Stat. 4253-4255, 4270; Pub. L. 104-109, 
Sec. 7, Feb. 12, 1996, 110 Stat. 764; Pub. L. 106-260, Secs. 7, 8, Aug. 
18, 2000, 114 Stat. 732, 733.)

                       References in Text

    The Office of Federal Procurement Policy Act, referred to in subsec. 
(a)(3)(A), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as amended, 
which is classified principally to chapter 7 (Sec. 401 et seq.) of Title 
41, Public Contracts. For complete classification of this Act to the 
Code, see Short Title note set out under section 401 of Title 41 and 
Tables.
    The Federal Property and Administrative Services Act of 1949, 
referred to in subsec. (a)(3)(C)(ii)(I), (IV), is act June 30, 1949, ch. 
288, 63 Stat. 377, as amended. Provisions of the Act relating to 
management and disposal of Government property are classified to chapter 
10 (Sec. 471 et seq.) of Title 40, Public Buildings, Property, and 
Works. Title III of the Act is classified generally to subchapter IV 
(Sec. 251 et seq.) of chapter 4 of Title 41. For complete classification 
of this Act to the Code, see Short Title note set out under section 471 
of Title 40 and Tables.
    Section 9(c) of the Act of Aug. 2, 1946, referred to in subsec. 
(a)(3)(C)(ii)(III), is section 9(c) of act Aug. 2, 1946, ch. 744, 60 
Stat. 809, which amended section 5 of Title 41.
    The Service Control Act of 1965, referred to in subsec. 
(a)(3)(C)(ii)(IX), probably means the Service Contract Act of 1965, or 
Pub. L. 89-286, Oct. 22, 1965, 79 Stat. 1034, as amended, which is 
classified generally to chapter 6 (Sec. 351 et seq.) of Title 41. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 351 of Title 41 and Tables.
    The Small Business Act, referred to in subsec. (a)(3)(C)(ii)(X), is 
Pub. L. 85-536, July 18, 1958, 72 Stat. 384, as amended, which is 
classified generally to chapter 14A (Sec. 631 et seq.) of Title 15, 
Commerce and Trade. For complete classification of this Act to the Code, 
see Short Title note set out under section 631 of Title 15 and Tables.
    Executive Order Nos. 12138, 11246, 11701 and 11758, referred to in 
subsec. (a)(3)(C)(ii)(XI), are Ex. Ord. No. 12138, May 18, 1979, 44 F.R. 
29637, as amended, which is set out as a note under section 631 of Title 
15, Ex. Ord. No. 11246, Sept. 24, 1965, 30 F.R. 12319, as amended, which 
is set out as a note under section 2000e of Title 42, The Public Health 
and Welfare, Ex. Ord. No. 11701, Jan. 24, 1973, 38 F.R. 2675, which is 
set out as a note under section 4212 of Title 38, Veterans' Benefits, 
and Ex. Ord. No. 11758, Jan. 15, 1974, 39 F.R. 2075, as amended, which 
is set out as a note under section 701 of Title 29, Labor.
    This part, referred to in subsecs. (b) and (i)(2), was in the 
original ``this title'', meaning title I of Pub. L. 93-638, known as the 
Indian Self-Determination Act, which is classified principally to this 
part (450f et seq.). For complete classification of title I to the Code, 
see Short Title note set out under section 450 of this title and Tables.
    Section 314 of the Department of the Interior and Related Agencies 
Appropriations Act, 1991, referred to in subsec. (m)(1)(B), is section 
314 of Pub. L. 101-512, which is set out as a note under section 450f of 
this title.
    Subsections (a)(2) and (b) of section 450f of this title, referred 
to in subsec. (m)(4)(C)(v), was in the original ``sections 102(a)(2) and 
102(b) of section 102'', and was translated as reading ``subsections 
(a)(2) and (b) of section 102'', meaning section 102 of Pub. L. 93-638, 
to reflect the probable intent of Congress.
    The Federal Records Act of 1950, referred to in subsec. (o), was 
title V of act June 30, 1949, ch. 288, as added Sept. 5, 1950, ch. 849, 
Sec. 6(d), 64 Stat. 583, which was classified generally to sections 392 
to 396 and 397 to 401 of former Title 44, Public Printing and Documents. 
Title V of act June 30, 1949, was repealed by Pub. L. 90-620, Oct. 22, 
1968, 82 Stat. 1238, the first section of which enacted Title 44, Public 
Printing and Documents. For disposition of sections of former Title 44, 
see Table at the beginning of Title 44.


                            Prior Provisions

    A prior section 105 of Pub. L. 93-638 was renumbered section 104 by 
Pub. L. 100-472 and is classified to section 450i of this title.


                               Amendments

    2000--Subsec. (k). Pub. L. 106-260, Sec. 7, substituted ``deemed an 
executive agency and part of the Indian Health Service'' for ``deemed an 
executive agency'' and inserted at end ``For purposes of carrying out 
such contract, grant, or agreement, the Secretary shall, at the request 
of an Indian tribe, enter into an agreement for the acquisition, on 
behalf of the Indian tribe, of any goods, services, or supplies 
available to the Secretary from the General Services Administration or 
other Federal agencies that are not directly available to the Indian 
tribe under this section or under any other Federal law, including 
acquisitions from prime vendors. All such acquisitions shall be 
undertaken through the most efficient and speedy means practicable, 
including electronic ordering arrangements.''
    Subsec. (o). Pub. L. 106-260, Sec. 8, added subsec. (o).
    1996--Subsec. (e). Pub. L. 104-109 made technical amendment to 
directory language of Pub. L. 103-413, Sec. 102(11). See 1994 Amendment 
note below.
    1994--Subsec. (a). Pub. L. 103-413, Sec. 102(10), added subsec. (a) 
and struck out former subsec. (a) which read as follows: ``Contracts 
with tribal organizations pursuant to section 450f of this title 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 sections 270a to 270d of title 40: Provided, That 
the appropriate Secretary may waive any provisions of such contracting 
laws or regulations which he determines are not appropriate for the 
purposes of the contract involved or inconsistent with the provisions of 
this Act: Provided further, That, except for construction contracts (or 
sub-contracts of such a construction contract), the Office of Federal 
Procurement Policy Act (88 Stat. 796; 41 U.S.C. 401 et seq.) and Federal 
acquisition regulations promulgated thereunder shall not apply to self-
determination contracts.''
    Subsec. (e). Pub. L. 103-413, Sec. 102(11), as amended by Pub. L. 
104-109, added subsec. (e) and struck out former subsec. (e) which read 
as follows: ``Whenever an Indian tribe requests retrocession of the 
appropriate Secretary for any contract entered into pursuant to this 
Act, such retrocession shall become effective one year from the date of 
the request by the Indian tribe or at such date as may be mutually 
agreed by the Secretary and the Indian tribe.''
    Subsec. (f)(2). Pub. L. 103-413, Sec. 102(12), added par. (2) and 
struck out former par. (2) which read as follows: ``donate to an Indian 
tribe or tribal organization the title to any personal or real property 
found to be excess to the needs of the Bureau of Indian Affairs, the 
Indian Health Service, or the General Services Administration, including 
property and equipment purchased with funds under any self-determination 
contract or grant agreement; and''.
    Subsec. (h). Pub. L. 103-413, Sec. 106, struck out ``and the rules 
and regulations adopted by the Secretaries of the Interior and Health 
and Human Services pursuant to section 450k of this title'' after 
``sections 450f and 450h of this title''.
    Subsecs. (i) to (n). Pub. L. 103-413, Sec. 102(13), added subsecs. 
(i) to (n).
    1990--Subsec. (a). Pub. L. 101-301 substituted ``sub-contracts of 
such a construction contract'' for ``sub-contracts in such cases where 
the tribal contractor has sub-contracted the activity''.
    Subsec. (c)(1)(B). Pub. L. 101-644, Sec. 203(c), amended subpar. (B) 
generally. Prior to amendment, subpar. (B) read as follows: ``for an 
indefinite term in the case of a mature contract.''
    Subsec. (d). Pub. L. 101-644, Sec. 203(d), amended subsec. (d) 
generally. Prior to amendment, subsec. (d) read as follows:
    ``(1) No later than fiscal year 1990, the Secretary shall begin 
using the calendar year as the basis for contracts and agreements under 
this Act except for instances where the Secretary and the Indian tribe 
or tribal organization agree on a different period.
    ``(2) The Secretary shall submit a report to the Congress within 
ninety days of October 5, 1988, on the amounts of any additional 
obligational authority needed to implement this subsection in fiscal 
year 1989.''
    Subsec. (f)(2), (3). Pub. L. 101-644, Sec. 203(e), inserted ``or 
real'' after ``personal''.
    1988--Subsec. (a). Pub. L. 100-472, Sec. 204(b), (c), substituted 
``section 450f'' for ``sections 450f and 450g'' and inserted proviso 
relating to nonapplication of Office of Federal Procurement Policy Act 
to self-determination contracts.
    Subsec. (b). Pub. L. 100-472, Sec. 204(d), which directed the 
amendment of subsec. (b) by substituting ``sections 450f and 450h'' for 
``sections 450f, 450g, and 450h'' was executed by substituting the new 
language for ``section 450f, 450g, or 450h'' as the probable intent of 
Congress.
    Subsec. (c). Pub. L. 100-472, Sec. 204(e), added subsec. (c) and 
struck out former subsec. (c) which read as follows: ``Any contract 
requested by a tribe pursuant to sections 450f and 450g of this title 
shall be for a term not to exceed one year unless the appropriate 
Secretary determines that a longer term would be advisable: 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.''
    Subsec. (d). Pub. L. 100-472, Sec. 204(e), added subsec. (d) and 
struck out former subsec. (d) which related to revision or amendment of 
contracts or grants at request or with consent of tribal organization 
and effective date for retrocession of contracts.
    Subsec. (e). Pub. L. 100-472, Sec. 204(e), added subsec. (e) and 
struck out former subsec. (e) which authorized the Secretary to permit 
tribal organizations to use existing school buildings, hospitals, and 
other facilities and equipment therein in carrying out grants or 
contracts.
    Subsec. (f). Pub. L. 100-472, Sec. 204(e), added subsec. (f). Former 
subsec. (f) redesignated (g).
    Subsec. (g). Pub. L. 100-472, Sec. 204(f), redesignated former 
subsec. (f) as (g) and substituted ``section 450f'' for ``sections 450f 
and 450g''. Former subsec. (g) redesignated (h).
    Subsec. (h). Pub. L. 100-472, Sec. 204(g), (h), redesignated former 
subsec. (g) as (h), substituted ``sections 450f and 450h'' for 
``sections 450f, 450g, and 450h'', and ``Health and Human Services'' for 
``Health, Education, and Welfare''. Former subsec. (h), which related to 
minimum amount of funds under terms of contracts, was struck out.


                 Continued Availability of Certain Funds

    Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998, 105 
Stat. 2681-231, 2681-246, provided in part that: ``hereafter funds made 
available to tribes and tribal organizations through contracts, compact 
agreements, or grants, as authorized by the Indian Self-Determination 
Act of 1975 [25 U.S.C. 450f et seq.] or grants authorized by the Indian 
Education Amendments of 1988 (25 U.S.C. 2001 and 2008A [probably means 
prior versions of 25 U.S.C. 2001 and 2008a]) shall remain available 
until expended by the contractor or grantee''.

                  Section Referred to in Other Sections

    This section is referred to in sections 450b, 450j-1, 450k, 450l, 
458cc, 458ff, 458aaa-5, 458aaa-7, 458aaa-8, 458aaa-15, 458aaa-16, 2008, 
2504, 2508, 3307 of this title.
