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25 U.S.C. § 5351 — Contract disputes and claims

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5351 — Contract disputes and claims

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Stable record: federal_law:legal_authorities:record_usc_75ce6f2b715c298ca5d8330a
Source file: Laws/federal/codes/united-states-code/title-25/section-5351-contract-disputes-and-claims--3d87154d99.md
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Source location: Title 25, Chapter 46, § 5351; chapter-046-indian-self-determination-and-education-assistance.md

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**(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 chapter 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 chapter. 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 chapter 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 chapter or regulations promulgated hereunder (including immediate injunctive relief to reverse a declination finding under [section 5321(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321/a/2&num=0&edition=prelim) 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 11 So in original. Probably should be “Public”, “21,”, and “94”, respectively. Law 96–481, Act of October 1,1 1980; 92 1 Stat. 2325, as amended), [section 504 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section504&num=0&edition=prelim), and [section 2412 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2412&num=0&edition=prelim) shall apply to administrative appeals pending on or filed after October 5, 1988, by tribal organizations regarding self-determination contracts. **(d) Application of chapter 71 of title 41** Chapter 71 of title 41 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section607&num=0&edition=prelim)).22 See References in Text note below. **(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 2 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section504/a/2&num=0&edition=prelim) shall be deemed to commence on October 5, 1988.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5372a — Contract appeals board members

**(a)** For the purpose of this section— (1) the term “contract appeals board member” means a member of an agency board of contract appeals appointed under section 7105(a)(2), (c)(2), or (d)(2) of title 41 or a member of the Civilian Board of Contract Appeals appointed under [section 7105(b)(2) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7105/b/2&num=0&edition=prelim); and (2) the term “appeals board” means an agency board of contract appeals established pursuant to section 7105(a)(1), (c)(1), or (d)(1) of title 41. **(b)** Rates of basic pay for contract appeals board members shall be as follows: (1) Chairman of an appeals board—the rate of basic pay payable for level IV of the Executive Schedule. (2) Vice chairman of an appeals board—97 percent of the rate under paragraph (1). (3) Other members of an appeals board—94 percent of the rate under paragraph (1). **(c)** Rates of pay taking effect under this section shall be printed in the Federal Register and the Code of Federal Regulations.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5301 — Application of other sections of this chapter

**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter. **(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 504 — Costs and fees of parties

**(a)** (1) An agency that conducts an adversary adjudication shall award, to a prevailing party other than the United States, fees and other expenses incurred by that party in connection with that proceeding, unless the adjudicative officer of the agency finds that the position of the agency was substantially justified or that special circumstances make an award unjust. Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought. (2) A party seeking an award of fees and other expenses shall, within thirty days of a final disposition in the adversary adjudication, submit to the agency an application which shows that the party is a prevailing party and is eligible to receive an award under this section, and the amount sought, including an itemized statement from any attorney, agent, or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the agency was not substantially justified. When the United States appeals the underlying merits of an adversary adjudication, no decision on an application for fees and other expenses in connection with that adversary adjudication shall be made under this section until a final and unreviewable decision is rendered by the court on the appeal or until the underlying merits of the case have been finally determined pursuant to the appeal. (3) The adjudicative officer of the agency may reduce the amount to be awarded, or deny an award, to the extent that the party during the course of the proceedings engaged in condu

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2412 — Costs and fees

**(a)** (1) Except as otherwise specifically provided by statute, a judgment for costs, as enumerated in [section 1920 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1920&num=0&edition=prelim), but not including the fees and expenses of attorneys, may be awarded to the prevailing party in any civil action brought by or against the United States or any agency or any official of the United States acting in his or her official capacity in any court having jurisdiction of such action. A judgment for costs when taxed against the United States shall, in an amount established by statute, court rule, or order, be limited to reimbursing in whole or in part the prevailing party for the costs incurred by such party in the litigation. (2) A judgment for costs, when awarded in favor of the United States in an action brought by the United States, may include an amount equal to the filing fee prescribed under [section 1914(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1914/a&num=0&edition=prelim). The preceding sentence shall not be construed as requiring the United States to pay any filing fee. **(b)** Unless expressly prohibited by statute, a court may award reasonable fees and expenses of attorneys, in addition to the costs which may be awarded pursuant to subsection (a), to the prevailing party in any civil action brought by or against the United States or any agency or any official of the United States acting in his or her official capacity in any court having jurisdiction of such action. The United States shall be liable for such fees and expenses to the same extent that any other party would be liable under the common law or under the terms of any statute which specifically provides f

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5332 — Retention of Federal employee coverage, rights and benefits by employees of tribal organizations

**(a) to (d) Omitted** **(e) Eligible employees; Federal employee programs subject to retention** Notwithstanding the provisions of sections 8347(o), 8713, and 8914 of title 5, executive order, or administrative regulation, an employee serving under an appointment not limited to one year or less who leaves Federal employment to be employed by a tribal organization, the city of St. Paul, Alaska, the city of St. George, Alaska, upon incorporation, or the Village Corporations of St. Paul and St. George Islands established pursuant to [section 1607 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1607&num=0&edition=prelim), in connection with governmental or other activities which are or have been performed by employees in or for Indian communities is entitled, if the employee and the tribal organization so elect, to the following: (1) To retain coverage, rights, and benefits under subchapter I of chapter 81 (“Compensation for Work Injuries”) of title 5, and for this purpose his employment with the tribal organization shall be deemed employment by the United States. However, if an injured employee, or his dependents in case of his death, receives from the tribal organization any payment (including an allowance, gratuity, payment under an insurance policy for which the premium is wholly paid by the tribal organization, or other benefit of any kind) on account of the same injury or death, the amount of that payment shall be credited against any benefit payable under subchapter I of chapter 81 of title 5, as follows: (A) payments on account of injury or disability shall be credited against disability compensation payable to the injured employee; and (B) payments on account of death shall be credited against death compensation pay

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 458ee — Transferred

### Statutory Notes #### Codification Section 458 was editorially reclassified as [section 5351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5351&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5351 — School construction, acquisition, or ren-

Page 756 TITLE 25—INDIANS § 5351 1 See References in Text note below. (C) otherwise reconcile and modernize the rules to comport with the activities of the contracting parties under sections 5342 to 5348 of this title as of December 31, 2018. (2) Report Not later than 30 days after the date the rulemaking under paragraph (1) is complete, the Secretary shall submit a report to Con- gress describing the results of such rule- making and necessary recommendations to en- sure the full implementation of such rule- making. (i) Student privacy The Secretary shall ensure that data is col- lected and each report is prepared under this section in a manner that protects the rights of eligible Indian students in accordance with sec- tion 1232g of title 20 (commonly referred to as the Family Educational Rights and Privacy Act of 1974). (j) GAO Report Not later than 18 months after the final report described in subsection (b)(1)(B)(iv) is published, the Comptroller General shall— (1) conduct a review of the implementation of this section during the preceding 2-year pe- riod, including any factors impacting— (A) the accuracy of the determinations of the number of eligible Indian students under this section; (B) the communication between the Bu- reau of Indian Education and contracting parties; and (C) the efforts by the Bureau of Indian Education to ensure accurate and sufficient distribution of funding for Indian students; (2) submit a report describing the results of the review under paragraph (1) to— (A) the Committee on Indian Affairs of the Senate; (B) the Subcommittee on Interior, Envi- ronment, and Related Agencies of the Com- mittee on Appropriations of the Senate; (C) the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee

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