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25 U.S.C. § 5348 — Rescission of contract or grant and assumption of control of program, etc.; authority; grounds; procedure; correction of violation as prerequisite to new contract or grant agreement; construction with occupational safety and health requirements
Federal law — U.S. Code and appendices · legal_authorities
Each contract or grant agreement entered into pursuant to sections 5321 and 5322 11 See Codification note below. of this title shall provide that in any case where the appropriate Secretary determines that the tribal organization’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 in the handling or use of funds provided to the tribal organization pursuant to such contract or grant agreement, or in the management of trust fund, trust lands or interests in such lands pursuant to such contract or grant agreement, such Secretary may, under regulations prescribed by him and after providing notice and a hearing on the record to such tribal organization, rescind such contract or grant agreement, in whole or in part, and assume or resume control or operation of the program, activity, or service involved if he determines that the tribal organization has not taken corrective action as prescribed by the Secretary to remedy the contract deficiency, except that the appropriate Secretary may, upon written notice to a tribal organization, and the tribe served by the tribal organization, immediately rescind a contract or grant, in whole or in part, and resume control or operation of a program, activity, function, or service, if the Secretary finds that (i) there is an immediate threat of imminent harm to the safety of any person, or imminent substantial and irreparable harm to trust funds, trust lands, or interests in such lands, and (ii) such threat arises from the failure of the contractor to fulfill the requirements of the contract. In such cases, the Secretary shall provide the tribal organization with a hearing on the record within t
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Source location: Title 25, Chapter 46, § 5348; chapter-046-indian-self-determination-and-education-assistance.md
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Each contract or grant agreement entered into pursuant to sections 5321 and 5322 11 See Codification note below. of this title shall provide that in any case where the appropriate Secretary determines that the tribal organization’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 in the handling or use of funds provided to the tribal organization pursuant to such contract or grant agreement, or in the management of trust fund, trust lands or interests in such lands pursuant to such contract or grant agreement, such Secretary may, under regulations prescribed by him and after providing notice and a hearing on the record to such tribal organization, rescind such contract or grant agreement, in whole or in part, and assume or resume control or operation of the program, activity, or service involved if he determines that the tribal organization has not taken corrective action as prescribed by the Secretary to remedy the contract deficiency, except that the appropriate Secretary may, upon written notice to a tribal organization, and the tribe served by the tribal organization, immediately rescind a contract or grant, in whole or in part, and resume control or operation of a program, activity, function, or service, if the Secretary finds that (i) there is an immediate threat of imminent harm to the safety of any person, or imminent substantial and irreparable harm to trust funds, trust lands, or interests in such lands, and (ii) such threat arises from the failure of the contractor to fulfill the requirements of the contract. In such cases, the Secretary shall provide the tribal organization with a hearing on the record within ten days or such later date as the tribal organization may approve. 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. In any hearing or appeal provided for under this section, the Secretary shall have the burden of proof to establish, by clearly demonstrating the validity of the grounds for rescinding, assuming, or reassuming the contract that is the subject of the hearing. Nothing in this section shall be construed as contravening the Occupational Safety and Health Act of 1970, as amended [[29 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) et seq.].
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 450f was editorially reclassified as [section 5321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim).
#### Tribal Self-Governance Demonstration Project
Pub. L. 93–638, title III, as added by Pub. L. 100–472, title II, § 209, Oct. 5, 1988, 102 Stat. 2296; amended by Pub. L. 102–184, §§ 2–6, Dec. 4, 1991, 105 Stat. 1278; Pub. L. 102–573, title VIII, § 814, Oct. 29, 1992, 106 Stat. 4590; Pub. L. 103–435, § 22(a)(2), (3), Nov. 2, 1994, 108 Stat. 4575; Pub. L. 103–437, § 10(c)(1), Nov. 2, 1994, 108 Stat. 4589; Pub. L. 105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828, related to tribal self-governance research and demonstration project conducted by Secretary of the Interior and Secretary of Health and Human Services, prior to repeal by Pub. L. 106–260, § 10, Aug. 18, 2000, 114 Stat. 734.
#### Study and Report on Tribal Self-Governance
Pub. L. 93–638, title VI, as added by Pub. L. 106–260, § 5, Aug. 18, 2000, 114 Stat. 731, authorized the Secretary of Health and Human Services to conduct a study to determine the feasibility of a tribal self-governance demonstration project for appropriate programs, services, functions, and activities of agencies and other organizational units of the Department of Health and Human Services, other than the Indian Health Service, and to submit a report to Congressional Committees not later than 18 months after Aug. 18, 2000.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that personal injuries and illnesses arising out of work situations impose a substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments.
**(b)** The Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerce among the several States and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources—
(1) by encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions;
(2) by providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions;
(3) by authorizing the Secretary of Labor to set mandatory occupational safety and health standards applicable to businesses affecting interstate commerce, and by creating an Occupational Safety and Health Review Commission for carrying out adjudicatory functions under this chapter;
(4) by building upon advances already made through employer and employee initiative for providing safe and healthful working conditions;
(5) by providing for research in the field of occupational safety and health, including the psychological factors involved, and by developing innovative methods, techniques, and approaches for dealing with occupational safety and health problems;
(6) by exploring ways to discover la
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings respecting historical and special legal relationship, and resultant responsibilities** The Congress, after careful review of the Federal Government’s historical and special legal relationship with, and resulting responsibilities to, American Indian people, finds that—
(1) the prolonged Federal domination of Indian service programs 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 realization 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 control their relationships both among themselves and with non-Indian governments, organizations, and persons.
**(b) Further findings** The Congress further finds that—
(1) true self-determination in any society of people is dependent 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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 753
TITLE 25—INDIANS
§ 5348
mittee shall fully participate in the develop-
ment 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 estab-
lished pursuant to section 7424(c)(4) of title 20 or
an Indian advisory school board or boards estab-
lished pursuant to sections 5342 to 5348 of this
title prior to January 4, 1975, 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) Revocation of contracts
The Secretary of the Interior may, in his dis-
cretion, revoke any contract if the contractor
fails to permit a local committee to perform its
duties pursuant to subsection (a) of this section.
(Apr. 16, 1934, ch. 147, § 5, as added Pub. L. 93–638,
title II, § 202, Jan. 4, 1975, 88 Stat. 2213; amended
Pub. L. 103–382, title III, § 393(d), Oct. 20, 1994, 108
Stat. 4027; Pub. L. 107–110, title VII, § 702(e), Jan.
8, 2002, 115 Stat. 1947; Pub. L. 114–95, title IX,
§ 9215(a), Dec. 10, 2015, 129 Stat. 2166.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 456 of this
title prior to editorial reclassification and renumbering
as this section.
PRIOR PROVISIONS
A prior section 5 of act Apr. 16, 1934, ch. 147, 48 Stat.
596, which excluded Oklahoma from the application of
contract provisions, was omitted in the general amend-
ment of act Apr. 16, 1934, by act June 4, 1936, ch. 490, 49
Stat. 1458.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95 made techn
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Federal law — U.S. Code and appendices · legal_authorities
Page 164
TITLE 29—LABOR
§ 651
Editorial Notes
AMENDMENTS
1978—Pub. L. 95–256 struck out ‘‘, not in excess of
$5,000,000 for any fiscal year,’’ after ‘‘sums’’.
1974—Pub. L. 93–259, § 28(a)(5), increased appropria-
tions authorization to $5,000,000 from $3,000,000.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93–259 effective May 1, 1974,
see section 29(a) of Pub. L. 93–259, set out as a note
under section 202 of this title.
Executive Documents
TRANSFER OF FUNCTIONS
Functions relating to age discrimination administra-
tion and enforcement vested by this section in Sec-
retary of Labor or Civil Service Commission trans-
ferred to Equal Employment Opportunity Commission
by Reorg. Plan No. 1 of 1978, § 2, 43 F.R. 19807, 92 Stat.
3781, set out in the Appendix to Title 5, Government Or-
ganization and Employees, effective Jan. 1, 1979, as pro-
vided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978,
44 F.R. 1053.
CHAPTER 15—OCCUPATIONAL SAFETY AND
HEALTH
Sec.
651.
Congressional statement of findings and dec-
laration of purpose and policy.
652.
Definitions.
653.
Geographic applicability; judicial enforce-
ment; applicability to existing standards;
report to Congress on duplication and co-
ordination of Federal laws; workmen’s com-
pensation law or common law or statutory
rights, duties, or liabilities of employers
and employees unaffected.
654.
Duties of employers and employees.
655.
Standards.
656.
Administration.
657.
Inspections,
investigations,
and
record-
keeping.
658.
Citations.
659.
Enforcement procedures.
660.
Judicial review.
661.
Occupational Safety and Health Review Com-
mission.
662.
Injunction proceedings.
663.
Representation in civil litigation.
664.
Disclosure
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 651
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