25 U.S.C. § 5308 — Grant and cooperative agreements

Page 723 TITLE 25—INDIANS § 5309 1 See Codification note below. under the terms of this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14, of 1950, and section 3145 of title 40. (b) Preference requirements for wages and grants Any contract, subcontract, grant, or subgrant pursuant to this chapter, the Act of April 16, 1934 (48 Stat. 596), as amended [25 U.S.C. 5342 et seq.], or any other Act authorizing Federal con- tracts with or grants to Indian organizations or for the benefit of Indians, shall require that to the greatest extent feasible— (1) preferences and opportunities for training and employment in connection with the ad- ministration of such contracts or grants shall be given to Indians; and (2) preference in the award of subcontracts and subgrants in connection with the adminis- tration of such contracts or grants shall be given to Indian organizations and to Indian- owned economic enterprises as defined in sec- tion 1452 of this title. (c) Self-determination contracts Notwithstanding subsections (a) and (b) of this section, with respect to any self-determination contract, or portion of a self-determination con- tract, that is intended to benefit one tribe, the tribal employment or contract preference laws adopted by such tribe shall govern with respect to the administration of the contract or portion of the contract. (Pub. L. 93–638, § 7, Jan. 4, 1975, 88 Stat. 2205; Pub. L. 103–413, title I, § 102(3), (4), Oct. 25, 1994, 108 Stat. 4251.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Deter- mination and Education Assistance Act, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Act of March 3, 1921, referred to in subsec. (a), prob- ably means the act of March 3, 1931, ch. 411, 46 Stat. 1494, known as the Davis Bacon Act, which was classi- fied generally to sections 276a to 276a–5 of former Title 40, Public Buildings, Property, and Works, and was re- pealed and reenacted as sections 3141–3144, 3146, and 3147 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Reorganization Plan Numbered 14 of 1950, referred to in subsec. (a), is set out in the Appendix to Title 5, Gov- ernment Organization and Employees. Act of April 16, 1934, referred to in subsec. (b), is act Apr. 16, 1934, ch. 147, 48 Stat. 596, popularly known as the Johnson-O’Malley Act, which is classified generally to section 5342 et seq. of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Section was formerly classified to section 450e of this title prior to editorial reclassification and renumbering as this section. In subsec. (a), ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ substituted for ‘‘the Davis-Bacon Act of March 3, 1931 (46 Stat. 1494), as amended’’ and ‘‘section 3145 of title 40’’ substituted for ‘‘section 2 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C. 276c)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Build- ings, Property, and Works. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–413, § 102(3), substituted ‘‘or subcontractors (excluding tribes and tribal organi- zations)’’ for ‘‘of subcontractors’’. Subsec. (c). Pub. L. 103–413, § 102(4), added subsec. (c). § 5308. Grant and cooperative agreements The provisions of this chapter shall not be sub- ject to the requirements of chapter 63 of title 31: Provided, That a grant agreement or a coopera- tive agreement may be utilized in lieu of a con- tract under section 5321 1 of this title when mu- tually agreed to by the appropriate Secretary and the tribal organization involved. (Pub. L. 93–638, § 9, as added Pub. L. 98–250, § 1, Apr. 3, 1984, 98 Stat. 118; amended Pub. L. 101–301, § 2(a)(5), May 24, 1990, 104 Stat. 206.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Edu- cation Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Section 5321 of this title, referred to in text, was in the original ‘‘sections 102 and 103 of this Act’’, and was translated as meaning section 102 of Pub. L. 93–638 be- cause section 103(a) and (b) and the first sentence of section 103(c) of Pub. L. 93–638 were repealed and the re- mainder of section 103 of Pub. L. 93–638 was redesig- nated as section 102(d) by Pub. L. 100–472, title II, § 201(b)(1), Oct. 5, 1988, 102 Stat. 2289. Section was formerly classified to section 450e–1 of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 1990—Pub. L. 101–301 substituted ‘‘chapter 63 of title 31’’ for ‘‘the Federal Grant and Cooperative Agreement Act of 1977 (Pub. L. 95–224; 92 Stat. 3)’’. § 5309. Use of excess funds Beginning in fiscal year 1998 and thereafter, where the actual costs of construction projects under self-determination contracts, compacts, or grants, pursuant to Public Laws 93–638, 103–413, or 100–297, are less than the estimated costs thereof, use of the resulting excess funds shall be determined by the appropriate Sec- retary after consultation with the tribes. (Pub. L. 105–83, title III, § 310, Nov. 14, 1997, 111 Stat. 1590.) Editorial Notes REFERENCES IN TEXT Public Law 93–638, referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For com-