
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: 25USC450m-1]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER II--INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
 
                    Part A--Indian Self-Determination
 
Sec. 450m-1. Contract disputes and claims


(a) Civil actions; concurrent jurisdiction; relief

    The United States district courts shall have original jurisdiction 
over any civil action or claim against the appropriate Secretary arising 
under this subchapter and, subject to the provisions of subsection (d) 
of this section and concurrent with the United States Court of Claims, 
over any civil action or claim against the Secretary for money damages 
arising under contracts authorized by this subchapter. In an action 
brought under this paragraph, the district courts may order appropriate 
relief including money damages, injunctive relief against any action by 
an officer of the United States or any agency thereof contrary to this 
subchapter or regulations promulgated thereunder, or mandamus to compel 
an officer or employee of the United States, or any agency thereof, to 
perform a duty provided under this subchapter or regulations promulgated 
hereunder (including immediate injunctive relief to reverse a 
declination finding under section 450f(a)(2) of this title or to compel 
the Secretary to award and fund an approved self-determination 
contract).

(b) Revision of contracts

    The Secretary shall not revise or amend a self-determination 
contract with a tribal organization without the tribal organization's 
consent.

(c) Application of laws to administrative appeals

    The Equal Access to Justice Act (Publc \1\ Law 96-481, Act of 
October 1,\1\ 1980; 92 \1\ Stat. 2325, as amended), section 504 of title 
5, and section 2412 of title 28 shall apply to administrative appeals 
pending on or filed after October 5, 1988, by tribal organizations 
regarding self-determination contracts.
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    \1\ So in original. Probably should be ``Public'', ``21,'', and 
``94'', respectively.
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(d) Application of Contract Disputes Act

    The Contract Disputes Act (Public Law 95-563, Act of November 1, 
1978; 92 Stat. 2383, as amended) [41 U.S.C. 601 et seq.] shall apply to 
self-determination contracts, except that all administrative appeals 
relating to such contracts shall be heard by the Interior Board of 
Contract Appeals established pursuant to section 8 of such Act (41 
U.S.C. 607).

(e) Application of subsection (d)

    Subsection (d) of this section shall apply to any case pending or 
commenced on or after March 17, 1986, before the Boards of Contract 
Appeals of the Department of the Interior or the Department of Health 
and Human Services except that in any such cases finally disposed of 
before October 5, 1988, the thirty-day period referred to in section 
504(a)(2) of title 5 shall be deemed to commence on October 5, 1988.

(Pub. L. 93-638, title I, Sec. 110, as added Pub. L. 100-472, title II, 
Sec. 206(a), Oct. 5, 1988, 102 Stat. 2294; amended Pub. L. 100-581, 
title II, Sec. 212, Nov. 1, 1988, 102 Stat. 2941; Pub. L. 101-301, 
Secs. 1(a)(2), 2(b), May 24, 1990, 104 Stat. 206, 207; Pub. L. 103-413, 
title I, Sec. 104(2), (3), Oct. 25, 1994, 108 Stat. 4268.)

                       References in Text

    The Equal Access to Justice Act, referred to in subsec. (c), is Pub. 
L. 96-481, title II, Oct. 21, 1980, 94 Stat. 2325. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 504 of Title 5, Government Organization and Employees, and 
Tables.
    The Contract Disputes Act of 1978, referred to in subsec. (d), is 
Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as amended, which is 
classified principally to chapter 9 (Sec. 601 et seq.) of Title 41, 
Public Contracts. For complete classification of this Act to the Code, 
see Short Title note set out under section 601 of Title 41 and Tables.
    October 5, 1988, referred to in subsec. (e), was in the original 
``the date of enactment of these amendments'' and ``the date of 
enactment of this subsection'', meaning the date of enactment of the 
Indian Self-Determination and Education Assistance Act Amendments of 
1988, Pub. L. 100-472, which enacted this section.


                            Prior Provisions

    A prior section 110 of Pub. L. 93-638 was renumbered section 111 by 
Pub. L. 100-472 and is classified to section 450n of this title.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-413, Sec. 104(2), inserted before 
period at end ``(including immediate injunctive relief to reverse a 
declination finding under section 450f(a)(2) of this title or to compel 
the Secretary to award and fund an approved self-determination 
contract)''.
    Subsec. (d). Pub. L. 103-413, Sec. 104(3), inserted before period at 
end ``, except that all administrative appeals relating to such 
contracts shall be heard by the Interior Board of Contract Appeals 
established pursuant to section 8 of such Act (41 U.S.C. 607)''.
    1990--Subsec. (a). Pub. L. 101-301, Sec. 1(a)(2), made technical 
correction to directory language of Pub. L. 100-581, Sec. 212(a). See 
1988 Amendment note below.
    Subsec. (b). Pub. L. 101-301, Sec. 2(b), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``Unless 
otherwise agreed to by the resolution of tribal organization, the 
Secretary shall not revise or amend a self-determination contract with 
such tribal organization.''
    Subsec. (c). Pub. L. 101-301, Sec. 1(a)(2), made technical 
correction to directory language of Pub. L. 100-581, Sec. 212(c). See 
1988 Amendment note below.
    1988--Subsec. (a). Pub. L. 100-581, Sec. 212(a), as amended by Pub. 
L. 101-301, Sec. 1(a)(2), substituted ``over any civil action'' for 
``over civil action'' after ``Court of Claims,''.
    Subsec. (b). Pub. L. 100-581, Sec. 212(b), substituted ``of tribal 
organization'' for ``of an Indian tribe'' and ``such tribal 
organization'' for ``such tribe''.
    Subsec. (c). Pub. L. 100-581, Sec. 212(c), as amended by Pub. L. 
101-301, Sec. 1(a)(2), amended subsec. (c) generally. Prior to 
amendment, subsec. (c) read as follows: ``The Equal Access to Justice 
Act (Public Law 96-481, Act of October 1 [21], 1980; 94 Stat. 2325, as 
amended) shall apply to administrative appeals by tribal organizations 
regarding self-determination contracts.''

                  Section Referred to in Other Sections

    This section is referred to in sections 450b, 450f, 450j, 450j-1, 
450l, 458cc, 458ff, 458aaa-6, 458aaa-10, 458aaa-14, 3307 of this title.
