25 U.S.C. § 1654 — Contracts and grants for determination of

Page 312 TITLE 25—INDIANS § 1654 (Pub. L. 94–437, title V, § 503, as added Pub. L. 100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4821; amended Pub. L. 101–630, title V, § 505, Nov. 28, 1990, 104 Stat. 4564; Pub. L. 102–573, title V, §§ 501(b)(1), 505(b)(1), Oct. 29, 1992, 106 Stat. 4567, 4570.) Editorial Notes REFERENCES IN TEXT The Indian Child Welfare Act of 1978, referred to in subsec. (f)(4)(A), is Pub. L. 95–608, Nov. 8, 1978, 92 Stat. 3069, which is classified principally to chapter 21 (§ 1901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1901 of this title and Tables. PRIOR PROVISIONS A prior section 1653, Pub. L. 94–437, title V, § 503, Sept. 30, 1976, 90 Stat. 1410; Pub. L. 96–537, § 7, Dec. 17, 1980, 94 Stat. 3177, related to contract eligibility, prior to the general revision of this subchapter by Pub. L. 100–713. AMENDMENTS 1992—Pub. L. 102–573, § 501(b)(1)(G), inserted ‘‘and grants’’ in section catchline. Subsec. (a). Pub. L. 102–573, § 501(b)(1)(A), inserted ‘‘, or make grants to,’’ after ‘‘contracts with’’ and ‘‘or grant’’ after ‘‘such contract’’. Subsec. (b). Pub. L. 102–573, § 501(b)(1)(B), inserted ‘‘or receive grants’’ after ‘‘enter into contracts’’ in intro- ductory provisions and ‘‘or to meet the requirements for receiving a grant’’ after ‘‘Secretary’’ in par. (5). Subsec. (c). Pub. L. 102–573, § 505(b)(1)(A), struck out par. (1) designation before ‘‘The Secretary, acting’’ and struck out par. (2) which authorized appropriation of $1,000,000 for fiscal year 1992 to carry out this subsec. Subsec. (c)(1). Pub. L. 102–573, § 501(b)(1)(C), inserted before period at end ‘‘or receiving grants under sub- section (a)’’. Subsec. (d)(1). Pub. L. 102–573, § 501(b)(1)(D), inserted before period at end ‘‘or receiving grants under sub- section (a)’’. Subsec. (d)(4). Pub. L. 102–573, § 505(b)(1)(B), struck out par. (4) which authorized appropriation of $1,000,000 for fiscal year 1992 to carry out this subsec. Subsec. (e)(1). Pub. L. 102–573, § 501(b)(1)(E), inserted before period at end ‘‘or receiving grants under sub- section (a)’’. Subsec. (e)(4). Pub. L. 102–573, § 505(b)(1)(C), struck out par. (4) which authorized appropriations of $500,000 for fiscal year 1991 and $2,000,000 for fiscal year 1992 to carry out this subsec. Subsec. (f)(1). Pub. L. 102–573, § 501(b)(1)(F), inserted ‘‘or receiving grants under subsection (a)’’ after ‘‘pur- suant to this section’’. Subsec. (f)(5). Pub. L. 102–573, § 505(b)(1)(D), struck out par. (5) which authorized appropriations of $500,000 for fiscal year 1991 and $2,000,000 for fiscal year 1992 to carry out this subsec. 1990—Subsecs. (c) to (f). Pub. L. 101–630 added subsecs. (c) to (f). Statutory Notes and Related Subsidiaries FACILITIES ASSESSMENT Pub. L. 101–630, title V, § 506(a), (b), Nov. 28, 1990, 104 Stat. 4566, directed the Secretary to conduct a survey of all facilities used by contractors under title V of the Indian Health Care Improvement Act (25 U.S.C. 1651 et seq.) and submit a report to Congress on the survey not later than one year after Nov. 28, 1990, containing infor- mation for each location on safety and building codes, lease restrictions and requirements, and an assessment of any building deficiencies and recommendations for improvements. § 1654. Contracts and grants for determination of unmet health care needs (a) Authority Under authority of section 13 of this title, the Secretary, through the Service, may enter into contracts with, or make grants to, urban Indian organizations situated in urban centers for which contracts have not been entered into, or grants have not been made, under section 1653 of this title. The purpose of a contract or grant made under this section shall be the determina- tion of the matters described in subsection (b)(1) in order to assist the Secretary in assessing the health status and health care needs of urban In- dians in the urban center involved and deter- mining whether the Secretary should enter into a contract or make a grant under section 1653 of this title with respect to the urban Indian orga- nization which the Secretary has entered into a contract with, or made a grant to, under this section. (b) Requirements Any contract entered into, or grant made, by the Secretary under this section shall include requirements that— (1) the urban Indian organization success- fully undertake to— (A) document the health care status and unmet health care needs of urban Indians in the urban center involved; and (B) with respect to urban Indians in the urban center involved, determine the mat- ters described in clauses (2), (3), (4), and (8) of section 1653(b) of this title; and (2) the urban Indian organization complete performance of the contract, or carry out the requirements of the grant, within one year after the date on which the Secretary and such organization enter into such contract, or with- in one year after such organization receives such grant, whichever is applicable. (c) Renewal The Secretary may not renew any contract en- tered into, or grant made, under this section. (Pub. L. 94–437, title V, § 504, as added Pub. L. 100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4822; amended Pub. L. 102–573, title V, § 501(b)(2), Oct. 29, 1992, 106 Stat. 4567.) Editorial Notes PRIOR PROVISIONS A prior section 1654, Pub. L. 94–437, title V, § 504, Sept. 30, 1976, 90 Stat. 1411; Pub. L. 96–537, § 7, Dec. 17, 1980, 94 Stat. 3178, related to other contract requirements, prior to the general revision of this subchapter by Pub. L. 100–713. AMENDMENTS 1992—Pub. L. 102–573, § 501(b)(2)(D), inserted ‘‘and grants’’ in section catchline. Subsec. (a). Pub. L. 102–573, § 501(b)(2)(A), added sub- sec. (a) and struck out former subsec. (a) which read as follows: ‘‘Under authority of section 13 of this title, the Secretary, through the Service, may enter into con- tracts with urban Indian organizations situated in urban centers for which contracts have not been en- tered into under section 1653 of this title. The purpose of a contract under this section shall be the determina- tion of the matters described in subsection (b)(1) of this Page 313 TITLE 25—INDIANS § 1656 section in order to assist the Secretary in assessing the health status and health care needs of urban Indians in the urban center involved and determining whether the Secretary should enter into a contract under section 1653 of this title with the urban Indian organization with which the Secretary has entered into a contract under this section.’’ Subsec. (b). Pub. L. 102–573, § 501(b)(2)(B), inserted ‘‘, or grant made,’’ after ‘‘contract entered into’’ in in- troductory provisions and substituted ‘‘, or carry out the requirements of the grant, within one year after the date on which the Secretary and such organization enter into such contract, or within one year after such organization receives such grant, whichever is applica- ble.’’ for ‘‘within one year after the date on which the Secretary and such organization enter into such con- tract.’’ in par. (2). Subsec. (c). Pub. L. 102–573, § 501(b)(2)(C), inserted ‘‘, or grant made,’’ after ‘‘entered into’’. § 1655. Evaluations; renewals (a) Contract compliance and performance The Secretary, through the Service, shall de- velop procedures to evaluate compliance with grant requirements under this subchapter and compliance with, and performance of contracts entered into by urban Indian organizations under this subchapter. Such procedures shall in- clude provisions for carrying out the require- ments of this section. (b) Annual onsite evaluation The Secretary, through the Service, shall con- duct an annual onsite evaluation of each urban Indian organization which has entered into a contract or received a grant under section 1653 of this title for purposes of determining the compliance of such organization with, and eval- uating the performance of such organization under, such contract or the terms of such grant. (c) Noncompliance or unsatisfactory perform- ance If, as a result of the evaluations conducted under this section, the Secretary determines that an urban Indian organization has not com- plied with the requirements of a grant or com- plied with or satisfactorily performed a contract under section 1653 of this title, the Secretary shall, prior to renewing such contract or grant, attempt to resolve with such organization the areas of noncompliance or unsatisfactory per- formance and modify such contract or grant to prevent future occurrences of such noncompli- ance or unsatisfactory performance. If the Sec- retary determines that such noncompliance or unsatisfactory performance cannot be resolved and prevented in the future, the Secretary shall not renew such contract or grant with such or- ganization and is authorized to enter into a con- tract or make a grant under section 1653 of this title with another urban Indian organization which is situated in the same urban center as the urban Indian organization whose contract or grant is not renewed under this section. (d) Contract and grant renewals In determining whether to renew a contract or grant with an urban Indian organization under section 1653 of this title which has completed performance of a contract or grant under sec- tion 1654 of this title, the Secretary shall review the records of the urban Indian organization, the reports submitted under section 1657 of this title, and, in the case of a renewal of a contract or grant under section 1653 of this title, shall consider the results of the onsite evaluations conducted under subsection (b). (Pub. L. 94–437, title V, § 505, as added Pub. L. 100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4822; amended Pub. L. 102–573, title V, § 501(b)(3), Oct. 29, 1992, 106 Stat. 4568.) Editorial Notes PRIOR PROVISIONS A prior section 1655, Pub. L. 94–437, title V, § 505, Sept. 30, 1976, 90 Stat. 1412; Pub. L. 96–537, § 7, Dec. 17, 1980, 94 Stat. 3179, related to reports by urban Indian organiza- tions and rural Indian organizations to Secretary, con- tents, audit of reports and records, prior to the general revision of this subchapter by Pub. L. 100–713. AMENDMENTS 1992—Pub. L. 102–573, § 501(b)(3)(E), substituted ‘‘re- newals’’ for ‘‘contract renewals’’ in section catchline. Subsec. (a). Pub. L. 102–573, § 501(b)(3)(A), inserted ‘‘compliance with grant requirements under this sub- chapter and’’ before ‘‘compliance with, and’’. Subsec. (b). Pub. L. 102–573, § 501(b)(3)(B), inserted ‘‘or received a grant’’ after ‘‘entered into a contract’’ and ‘‘or the terms of such grant’’ before period at end. Subsec. (c). Pub. L. 102–573, § 501(b)(3)(C), inserted ‘‘the requirements of a grant or complied with’’ after ‘‘has not complied with’’, ‘‘or grant’’ after ‘‘such con- tract’’ wherever appearing, ‘‘or make a grant’’ after ‘‘enter into a contract’’, and ‘‘or grant’’ after ‘‘whose contract’’. Subsec. (d). Pub. L. 102–573, § 501(b)(3)(D), inserted ‘‘or grant’’ after ‘‘a contract’’ wherever appearing. § 1656. Other contract and grant requirements (a) Federal regulations; exceptions Contracts with urban Indian organizations en- tered into pursuant to this subchapter shall be in accordance with all Federal contracting laws and regulations except that, in the discretion of the Secretary, such contracts may be negotiated without advertising and need not conform to the provisions of sections 3131 and 3133 of title 40. (b) Payment Payments under any contracts or grants pur- suant to this subchapter may be made in ad- vance or by way of reimbursement and in such installments and on such conditions as the Sec- retary deems necessary to carry out the pur- poses of this subchapter. (c) Revision or amendment Notwithstanding any provision of law to the contrary, the Secretary may, at the request or consent of an urban Indian organization, revise or amend any contract entered into by the Sec- retary with such organization under this sub- chapter as necessary to carry out the purposes of this subchapter. (d) Existing Government facilities In connection with any contract or grant en- tered into pursuant to this subchapter, the Sec- retary may permit an urban Indian organization to utilize, in carrying out such contract or grant, existing facilities owned by the Federal Government within the Secretary’s jurisdiction under such terms and conditions as may be