
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: 25USC450l]

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


(a) Terms

    Each self-determination contract entered into under this subchapter 
shall--
        (1) contain, or incorporate by reference, the provisions of the 
    model agreement described in subsection (c) of this section (with 
    modifications where indicated and the blanks appropriately filled 
    in), and
        (2) contain such other provisions as are agreed to by the 
    parties.

(b) Payments; Federal records

    Notwithstanding any other provision of law, the Secretary may make 
payments pursuant to section 1(b)(6) of such model agreement. As 
provided in section 1(b)(7) of the model agreement, the records of the 
tribal government or tribal organization specified in such section shall 
not be considered Federal records for purposes of chapter 5 of title 5.

(c) Model agreement

    The model agreement referred to in subsection (a)(1) of this section 
reads as follows:
``SECTION 1. AGREEMENT BETWEEN THE SECRETARY AND THE ____________ TRIBAL 
        GOVERNMENT.
    ``(a) Authority and Purpose.--
        ``(1) Authority.--This agreement, denoted a Self-Determination 
    Contract (referred to in this agreement as the `Contract'), is 
    entered into by the Secretary of the Interior or the Secretary of 
    Health and Human Services (referred to in this agreement as the 
    `Secretary'), for and on behalf of the United States pursuant to 
    title I of the Indian Self-Determination and Education Assistance 
    Act (25 U.S.C. 450 et seq.) and by the authority of the ____________ 
    tribal government or tribal organization (referred to in this 
    agreement as the `Contractor'). The provisions of title I of the 
    Indian Self-Determination and Education Assistance Act (25 U.S.C. 
    450 et seq.) are incorporated in this agreement.
        ``(2) Purpose.--Each provision of the Indian Self-Determination 
    and Education Assistance Act (25 U.S.C. 450 et seq.) and each 
    provision of this Contract shall be liberally construed for the 
    benefit of the Contractor to transfer the funding and the following 
    related functions, services, activities, and programs (or portions 
    thereof), that are otherwise contractable under section 102(a) of 
    such Act, including all related administrative functions, from the 
    Federal Government to the Contractor: (List functions, services, 
    activities, and programs).

    ``(b) Terms, Provisions, and Conditions.--
        ``(1) Term.--Pursuant to section 105(c)(1) of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C. 450j(c)(1)), 
    the term of this contract shall be ____ years. Pursuant to section 
    105(d)(1) of such Act (25 U.S.C. 450j(d)), upon the election by the 
    Contractor, the period of this Contract shall be determined on the 
    basis of a calendar year, unless the Secretary and the Contractor 
    agree on a different period in the annual funding agreement 
    incorporated by reference in subsection (f)(2).
        ``(2) Effective date.--This Contract shall become effective upon 
    the date of the approval and execution by the Contractor and the 
    Secretary, unless the Contractor and the Secretary agree on an 
    effective date other than the date specified in this paragraph.
        ``(3) Program standard.--The Contractor agrees to administer the 
    program, services, functions and activities (or portions thereof) 
    listed in subsection (a)(2) of the Contract in conformity with the 
    following standards: (list standards).
        ``(4) Funding amount.--Subject to the availability of 
    appropriations, the Secretary shall make available to the Contractor 
    the total amount specified in the annual funding agreement 
    incorporated by reference in subsection (f)(2). Such amount shall 
    not be less than the applicable amount determined pursuant to 
    section 106(a) of the Indian Self-Determination and Education 
    Assistance Act (25 U.S.C. 450j-1).
        ``(5) Limitation of costs.--The Contractor shall not be 
    obligated to continue performance that requires an expenditure of 
    funds in excess of the amount of funds awarded under this Contract. 
    If, at any time, the Contractor has reason to believe that the total 
    amount required for performance of this Contract or a specific 
    activity conducted under this Contract would be greater than the 
    amount of funds awarded under this Contract, the Contractor shall 
    provide reasonable notice to the appropriate Secretary. If the 
    appropriate Secretary does not take such action as may be necessary 
    to increase the amount of funds awarded under this Contract, the 
    Contractor may suspend performance of the Contract until such time 
    as additional funds are awarded.
        ``(6) Payment.--
            ``(A) In general.--Payments to the Contractor under this 
        Contract shall--
                ``(i) be made as expeditiously as practicable; and
                ``(ii) include financial arrangements to cover funding 
            during periods covered by joint resolutions adopted by 
            Congress making continuing appropriations, to the extent 
            permitted by such resolutions.

            ``(B) Quarterly, semiannual, lump-sum, and other methods of 
        payment.--
                ``(i) In general.--Pursuant to section 108(b) of the 
            Indian Self-Determination and Education Assistance Act, and 
            notwithstanding any other provision of law, for each fiscal 
            year covered by this Contract, the Secretary shall make 
            available to the Contractor the funds specified for the 
            fiscal year under the annual funding agreement incorporated 
            by reference pursuant to subsection (f)(2) by paying to the 
            Contractor, on a quarterly basis, one-quarter of the total 
            amount provided for in the annual funding agreement for that 
            fiscal year, in a lump-sum payment or as semiannual 
            payments, or any other method of payment authorized by law, 
            in accordance with such method as may be requested by the 
            Contractor and specified in the annual funding agreement.
                ``(ii) Method of quarterly payment.--If quarterly 
            payments are specified in the annual funding agreement 
            incorporated by reference pursuant to subsection (f)(2), 
            each quarterly payment made pursuant to clause (i) shall be 
            made on the first day of each quarter of the fiscal year, 
            except that in any case in which the Contract year coincides 
            with the Federal fiscal year, payment for the first quarter 
            shall be made not later than the date that is 10 calendar 
            days after the date on which the Office of Management and 
            Budget apportions the appropriations for the fiscal year for 
            the programs, services, functions, and activities subject to 
            this Contract.
                ``(iii) Applicability.--Chapter 39 of title 31, United 
            States Code, shall apply to the payment of funds due under 
            this Contract and the annual funding agreement referred to 
            in clause (i).

        ``(7) Records and monitoring.--
            ``(A) In general.--Except for previously provided copies of 
        tribal records that the Secretary demonstrates are clearly 
        required to be maintained as part of the recordkeeping system of 
        the Department of the Interior or the Department of Health and 
        Human Services (or both), records of the Contractor shall not be 
        considered Federal records for purposes of chapter 5 of title 5, 
        United States Code.
            ``(B) Recordkeeping system.--The Contractor shall maintain a 
        recordkeeping system and, upon reasonable advance request, 
        provide reasonable access to such records to the Secretary.
            ``(C) Responsibilities of contractor.--The Contractor shall 
        be responsible for managing the day-to-day operations conducted 
        under this Contract and for monitoring activities conducted 
        under this Contract to ensure compliance with the Contract and 
        applicable Federal requirements. With respect to the monitoring 
        activities of the Secretary, the routine monitoring visits shall 
        be limited to not more than one performance monitoring visit for 
        this Contract by the head of each operating division, 
        departmental bureau, or departmental agency, or duly authorized 
        representative of such head unless--
                ``(i) the Contractor agrees to one or more additional 
            visits; or
                ``(ii) the appropriate official determines that there is 
            reasonable cause to believe that grounds for reassumption of 
            the Contract, suspension of Contract payments, or other 
            serious Contract performance deficiency may exist.

        No additional visit referred to in clause (ii) shall be made 
        until such time as reasonable advance notice that includes a 
        description of the nature of the problem that requires the 
        additional visit has been given to the Contractor.

        ``(8) Property.--
            ``(A) In general.--As provided in section 105(f) of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450j(f)), at the request of the Contractor, the Secretary 
        may make available, or transfer to the Contractor, all 
        reasonably divisible real property, facilities, equipment, and 
        personal property that the Secretary has used to provide or 
        administer the programs, services, functions, and activities 
        covered by this Contract. A mutually agreed upon list specifying 
        the property, facilities, and equipment so furnished shall also 
        be prepared by the Secretary, with the concurrence of the 
        Contractor, and periodically revised by the Secretary, with the 
        concurrence of the Contractor.
            ``(B) Records.--The Contractor shall maintain a record of 
        all property referred to in subparagraph (A) or other property 
        acquired by the Contractor under section 105(f)(2)(A) of such 
        Act for purposes of replacement.
            ``(C) Joint use agreements.--Upon the request of the 
        Contractor, the Secretary and the Contractor shall enter into a 
        separate joint use agreement to address the shared use by the 
        parties of real or personal property that is not reasonably 
        divisible.
            ``(D) Acquisition of property.--The Contractor is granted 
        the authority to acquire such excess property as the Contractor 
        may determine to be appropriate in the judgment of the 
        Contractor to support the programs, services, functions, and 
        activities operated pursuant to this Contract.
            ``(E) Confiscated or excess property.--The Secretary shall 
        assist the Contractor in obtaining such confiscated or excess 
        property as may become available to tribes, tribal 
        organizations, or local governments.
            ``(F) Screener identification card.--A screener 
        identification card (General Services Administration form 
        numbered 2946) shall be issued to the Contractor not later than 
        the effective date of this Contract. The designated official 
        shall, upon request, assist the Contractor in securing the use 
        of the card.
            ``(G) Capital equipment.--The Contractor shall determine the 
        capital equipment, leases, rentals, property, or services the 
        Contractor requires to perform the obligations of the Contractor 
        under this subsection, and shall acquire and maintain records of 
        such capital equipment, property rentals, leases, property, or 
        services through applicable procurement procedures of the 
        Contractor.

        ``(9) Availability of funds.--Notwithstanding any other 
    provision of law, any funds provided under this Contract--
            ``(A) shall remain available until expended; and
            ``(B) with respect to such funds, no further--
                ``(i) approval by the Secretary, or
                ``(ii) justifying documentation from the Contractor,

    shall be required prior to the expenditure of such funds.
        ``(10) Transportation.--Beginning on the effective date of this 
    Contract, the Secretary shall authorize the Contractor to obtain 
    interagency motor pool vehicles and related services for performance 
    of any activities carried out under this Contract.
        ``(11) Federal program guidelines, manuals, or policy 
    directives.--Except as specifically provided in the Indian Self-
    Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 
    the Contractor is not required to abide by program guidelines, 
    manuals, or policy directives of the Secretary, unless otherwise 
    agreed to by the Contractor and the Secretary, or otherwise required 
    by law.
        ``(12) Disputes.--
            ``(A) Third-party mediation defined.--For the purposes of 
        this Contract, the term `third-party mediation' means a form of 
        mediation whereby the Secretary and the Contractor nominate a 
        third party who is not employed by or significantly involved 
        with the Secretary of the Interior, the Secretary of Health and 
        Human Services, or the Contractor, to serve as a third-party 
        mediator to mediate disputes under this Contract.
            ``(B) Alternative procedures.--In addition to, or as an 
        alternative to, remedies and procedures prescribed by section 
        110 of the Indian Self-Determination and Education Assistance 
        Act (25 U.S.C. 450m-1), the parties to this Contract may 
        jointly--
                ``(i) submit disputes under this Contract to third-party 
            mediation;
                ``(ii) submit the dispute to the adjudicatory body of 
            the Contractor, including the tribal court of the 
            Contractor;
                ``(iii) submit the dispute to mediation processes 
            provided for under the laws, policies, or procedures of the 
            Contractor; or
                ``(iv) use the administrative dispute resolution 
            processes authorized in subchapter IV of chapter 5 of title 
            5, United States Code.

            ``(C) Effect of decisions.--The Secretary shall be bound by 
        decisions made pursuant to the processes set forth in 
        subparagraph (B), except that the Secretary shall not be bound 
        by any decision that significantly conflicts with the interests 
        of Indians or the United States.

        ``(13) Administrative procedures of contractor.--Pursuant to the 
    Indian Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.), the laws, 
    policies, and procedures of the Contractor shall provide for 
    administrative due process (or the equivalent of administrative due 
    process) with respect to programs, services, functions, and 
    activities that are provided by the Contractor pursuant to this 
    Contract.
        ``(14) Successor annual funding agreement.--
            ``(A) In general.--Negotiations for a successor annual 
        funding agreement, provided for in subsection (f)(2), shall 
        begin not later than 120 days prior to the conclusion of the 
        preceding annual funding agreement. Except as provided in 
        section 105(c)(2) of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450j(c)(2)) the funding for each such 
        successor annual funding agreement shall only be reduced 
        pursuant to section 106(b) of such Act (25 U.S.C. 450j-1(b)).
            ``(B) Information.--The Secretary shall prepare and supply 
        relevant information, and promptly comply with any request by 
        the Contractor for information that the Contractor reasonably 
        needs to determine the amount of funds that may be available for 
        a successor annual funding agreement, as provided for in 
        subsection (f)(2) of this Contract.

        ``(15) Contract requirements; approval by secretary.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        for the term of the Contract, section 2103 of the Revised 
        Statutes (25 U.S.C. 81), section 16 of the Act of June 18, 1934 
        (48 Stat. 987, chapter 576; 25 U.S.C. 476), and the Act of July 
        3, 1952 (25 U.S.C. 82a), shall not apply to any contract entered 
        into in connection with this Contract.
            ``(B) Requirements.--Each Contract entered into by the 
        Contractor with a third party in connection with performing the 
        obligations of the Contractor under this Contract shall--
                ``(i) be in writing;
                ``(ii) identify the interested parties, the authorities 
            of such parties, and purposes of the Contract;
                ``(iii) state the work to be performed under the 
            Contract; and
                ``(iv) state the process for making any claim, the 
            payments to be made, and the terms of the Contract, which 
            shall be fixed.

    ``(c) Obligation of the Contractor.--
        ``(1) Contract performance.--Except as provided in subsection 
    (d)(2), the Contractor shall perform the programs, services, 
    functions, and activities as provided in the annual funding 
    agreement under subsection (f)(2) of this Contract.
        ``(2) Amount of funds.--The total amount of funds to be paid 
    under this Contract pursuant to section 106(a) shall be determined 
    in an annual funding agreement entered into between the Secretary 
    and the Contractor, which shall be incorporated into this Contract.
        ``(3) Contracted programs.--Subject to the availability of 
    appropriated funds, the Contractor shall administer the programs, 
    services, functions, and activities identified in this Contract and 
    funded through the annual funding agreement under subsection (f)(2).
        ``(4) Trust services for individual indians.--
            ``(A) In general.--To the extent that the annual funding 
        agreement provides funding for the delivery of trust services to 
        individual Indians that have been provided by the Secretary, the 
        Contractor shall maintain at least the same level of service as 
        the Secretary provided for such individual Indians, subject to 
        the availability of appropriated funds for such services.
            ``(B) Trust services to individual indians.--For the 
        purposes of this paragraph only, the term `trust services for 
        individual Indians' means only those services that pertain to 
        land or financial management connected to individually held 
        allotments.

        ``(5) Fair and uniform services.--The Contractor shall provide 
    services under this Contract in a fair and uniform manner and shall 
    provide access to an administrative or judicial body empowered to 
    adjudicate or otherwise resolve complaints, claims, and grievances 
    brought by program beneficiaries against the Contractor arising out 
    of the performance of the Contract.

    ``(d) Obligation of the United States.--
        ``(1) Trust responsibility.--
            ``(A) In general.--The United States reaffirms the trust 
        responsibility of the United States to the ____________ Indian 
        tribe(s) to protect and conserve the trust resources of the 
        Indian tribe(s) and the trust resources of individual Indians.
            ``(B) Construction of contract.--Nothing in this Contract 
        may be construed to terminate, waive, modify, or reduce the 
        trust responsibility of the United States to the tribe(s) or 
        individual Indians. The Secretary shall act in good faith in 
        upholding such trust responsibility.

        ``(2) Good faith.--To the extent that health programs are 
    included in this Contract, and within available funds, the Secretary 
    shall act in good faith in cooperating with the Contractor to 
    achieve the goals set forth in the Indian Health Care Improvement 
    Act (25 U.S.C. 1601 et seq.).
        ``(3) Programs retained.--As specified in the annual funding 
    agreement, the United States hereby retains the programs, services, 
    functions, and activities with respect to the tribe(s) that are not 
    specifically assumed by the Contractor in the annual funding 
    agreement under subsection (f)(2).

    ``(e) Other Provisions.--
        ``(1) Designated officials.--Not later than the effective date 
    of this Contract, the United States shall provide to the Contractor, 
    and the Contractor shall provide to the United States, a written 
    designation of a senior official to serve as a representative for 
    notices, proposed amendments to the Contract, and other purposes for 
    this Contract.
        ``(2) Contract modifications or amendment.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        no modification to this Contract shall take effect unless such 
        modification is made in the form of a written amendment to the 
        Contract, and the Contractor and the Secretary provide written 
        consent for the modification.
            ``(B) Exception.--The addition of supplemental funds for 
        programs, functions, and activities (or portions thereof) 
        already included in the annual funding agreement under 
        subsection (f)(2), and the reduction of funds pursuant to 
        section 106(b)(2), shall not be subject to subparagraph (A).

        ``(3) Officials not to benefit.--No Member of Congress, or 
    resident commissioner, shall be admitted to any share or part of any 
    contract executed pursuant to this Contract, or to any benefit that 
    may arise from such contract. This paragraph may not be construed to 
    apply to any contract with a third party entered into under this 
    Contract if such contract is made with a corporation for the general 
    benefit of the corporation.
        ``(4) Covenant against contingent fees.--The parties warrant 
    that no person or selling agency has been employed or retained to 
    solicit or secure any contract executed pursuant to this Contract 
    upon an agreement or understanding for a commission, percentage, 
    brokerage, or contingent fee, excepting bona fide employees or bona 
    fide established commercial or selling agencies maintained by the 
    Contractor for the purpose of securing business.

    ``(f) Attachments.--
        ``(1) Approval of contract.--Unless previously furnished to the 
    Secretary, the resolution of the ____________ Indian tribe(s) 
    authorizing the contracting of the programs, services, functions, 
    and activities identified in this Contract is attached to this 
    Contract as attachment 1.
        ``(2) Annual funding agreement.--
            ``(A) In general.--The annual funding agreement under this 
        Contract shall only contain--
                ``(i) terms that identify the programs, services, 
            functions, and activities to be performed or administered, 
            the general budget category assigned, the funds to be 
            provided, and the time and method of payment; and
                ``(ii) such other provisions, including a brief 
            description of the programs, services, functions, and 
            activities to be performed (including those supported by 
            financial resources other than those provided by the 
            Secretary), to which the parties agree.

            ``(B) Incorporation by reference.--The annual funding 
        agreement is hereby incorporated in its entirety in this 
        Contract and attached to this Contract as attachment 2.''

(Pub. L. 93-638, title I, Sec. 108, as added Pub. L. 103-413, title I, 
Sec. 103, Oct. 25, 1994, 108 Stat. 4260; amended Pub. L. 106-568, title 
VIII, Sec. 812(a), Dec. 27, 2000, 114 Stat. 2917.)

                       References in Text

    The Indian Self-Determination and Education Assistance Act, referred 
to in section 1(a), (b)(6)(B)(i), (11) of the provisions of subsec. (c) 
setting out the model agreement, is Pub. L. 93-638, Jan. 4, 1975, 88 
Stat. 2203, as amended, which is classified principally to this 
subchapter (Sec. 450 et seq.). Title I of the Act is classified 
principally to this part (Sec. 450f et seq.). Section 102(a) of the Act 
is classified to section 450f(a) of this title. Section 108(b) of the 
Act is classified to subsec. (b) of this section. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 450 of this title and Tables.
    The Indian Civil Rights Act of 1968, referred to in section 1(b)(13) 
of the provisions of subsec. (c) setting out the model agreement, is 
title II of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 77, as amended, 
which is classified generally to subchapter I (Sec. 1301 et seq.) of 
chapter 15 of this title. For complete classification of this Act to the 
Code, see Tables.
    The Act of July 3, 1952, referred to in section 1(b)(15)(A) of the 
provisions of subsec. (c) setting out the model agreement, is act July 
3, 1952, ch. 549, 66 Stat. 323, which enacted section 82a of this title 
and provisions set out as a note under section 82a of this title.
    The Indian Health Care Improvement Act, referred to in section 
1(d)(2) of the provisions of subsec. (c) setting out the model 
agreement, is Pub. L. 94-437, Sept. 30, 1976, 90 Stat. 1400, as amended, 
which is classified principally to chapter 18 (Sec. 1601 et seq.) of 
this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 1601 of this title and Tables.


                            Prior Provisions

    A prior section 450l, Pub. L. 93-638, title I, Sec. 108, Jan. 4, 
1975, 88 Stat. 2212, which related to report by tribe requesting 
contract or grant, was renumbered section 5(f) of Pub. L. 93-638, by 
Pub. L. 100-472, title II, Sec. 208, Oct. 5, 1988, 102 Stat. 2296, and 
is classified to section 450c(f) of this title.


                               Amendments

    2000--Subsec. (c). Pub. L. 106-568 substituted ``, section 16 of the 
Act of June 18, 1934'' for ``and section 16 of the Act of June 18, 
1934'' and ``and the Act of July 3, 1952 (25 U.S.C. 82a), shall not 
apply'' for ``shall not apply'' in section 1(b)(15)(A) of the provisions 
setting out the model agreement.


                  Quarterly Payments of Funds to Tribes

    Pub. L. 105-83, title III, Sec. 311, Nov. 14, 1997, 111 Stat. 1590, 
provided that: ``Notwithstanding Public Law 103-413 [see Short Title of 
1994 Amendment note set out under section 450 of this title], quarterly 
payments of funds to tribes and tribal organizations under annual 
funding agreements pursuant to section 108 of Public Law 93-638 [25 
U.S.C. 450l], as amended, beginning in fiscal year 1998 and therafter, 
[sic] may be made on the first business day following the first day of a 
fiscal quarter.''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 104-208, div. A, title I, Sec. 101(d) [title III, Sec. 311], 
Sept. 30, 1996, 110 Stat. 3009-181, 3009-221.
    Pub. L. 104-134, title I, Sec. 101(c) [title III, Sec. 311], Apr. 
26, 1996, 110 Stat. 1321-156, 1321-197; renumbered title I, Pub. L. 104-
140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.

                  Section Referred to in Other Sections

    This section is referred to in section 450j of this title.
