25 U.S.C. § 5329 — Contract or grant specifications

Page 744 TITLE 25—INDIANS § 5329 1 See References in Text note below. ‘‘(3) Within seven months from October 5, 1988, the Secretary shall publish proposed regulations in the Federal Register for the purpose of receiving comments from tribes and other interested parties. ‘‘(4) Within ten months from October 5, 1988, the Sec- retary shall promulgate regulations to implement the provisions of such Act.’’ Subsec. (c). Pub. L. 103–437, § 10(c)(2)(B), substituted ‘‘Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives’’ for ‘‘Committees on Interior and Insular Affairs of the United States Senate and House of Representatives’’. Subsecs. (d), (e). Pub. L. 103–413, § 105(2), added sub- secs. (d) and (e). 1990—Subsec. (c). Pub. L. 101–644 inserted ‘‘, with the participation of Indian tribes and tribal organizations,’’ after ‘‘authorized’’. 1988—Subsec. (a). Pub. L. 100–472, § 207(a), substituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’, and inserted proviso relating to promul- gation of Federal requirements for self-determination contracts as regulations. Subsec. (b). Pub. L. 100–472, § 207(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘(1) Within six months from January 4, 1975, the Sec- retary of the Interior and the Secretary of Health and Human Services shall each to the extent practicable, consult with national and regional Indian organiza- tions to consider and formulate appropriate rules and regulations to implement the provisions of this chap- ter. ‘‘(2) Within seven months from January 4, 1975, the Secretary of the Interior and the Secretary of Health and Human Services shall each present the proposed rules and regulations to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives. ‘‘(3) Within eight months from January 4, 1975, the Secretary of the Interior and the Secretary of Health and Human Services shall publish proposed rules and regulations in the Federal Register for the purpose of receiving comments from interested parties. ‘‘(4) Within ten months from January 4, 1975, the Sec- retary of the Interior and the Secretary of Health and Human Services shall promulgate rules and regulations to implement the provisions of this chapter.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsec. (c), pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE AND CONSTRUCTION OF 1996 AMENDMENT Pub. L. 104–287, § 6(e), Oct. 11, 1996, 110 Stat. 3399, pro- vided that: ‘‘Effective November 2, 1994, section 10(c)(2)(A) of the Act of November 2, 1994 (Public Law 103–437, 108 Stat. 4589) [amending this section], is re- pealed and section 107(b) of the Indian Self-Determina- tion and Education Assistance Act (25 U.S.C. 450k(b)) [now 25 U.S.C. 5328(b)], as amended by section 105(1) of the Indian Self-Determination Act (Public Law 103–413, 108 Stat. 4269), is revived and shall read as if section 10(c)(2)(A) of the Act of November 2, 1994 (Public Law 103–437, 108 Stat. 4589), had not been enacted.’’ § 5329. Contract or grant specifications (a) Terms Each self-determination contract entered into under this chapter shall— (1) contain, or incorporate by reference, the provisions of the model agreement described in subsection (c) of this section (with modi- fications where indicated and the blanks ap- propriately filled in), and (2) subject to subsections (a) and (b) of sec- tion 5321 of this title, contain such other pro- visions as are agreed to by the parties. (b) Payments; Federal records Notwithstanding any other provision of law, the Secretary may make payments pursuant to section 1(b)(6) of such model agreement. As pro- vided in section 1(b)(7) of the model agreement, the records of the tribal government or tribal organization specified in such section shall not be considered Federal records for purposes of chapter 5 of title 5. (c) Model agreement The model agreement referred to in subsection (a)(1) of this section reads as follows: ‘‘SECTION 1. AGREEMENT BETWEEN THE SEC- RETARY AND THE llllll TRIBAL GOVERN- MENT. ‘‘(a) AUTHORITY AND PURPOSE.— ‘‘(1) AUTHORITY.—This agreement, denoted a Self-Determination Contract (referred to in this agreement as the ‘Contract’), is entered into by the Secretary of the Interior or the Secretary of Health and Human Services (re- ferred to in this agreement as the ‘Secretary’), for and on behalf of the United States pursu- ant to title I of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 1 and by the authority of the llllll tribal government or tribal organization (re- ferred to in this agreement as the ‘Con- tractor’). The provisions of title I of the In- dian Self-Determination and Education Assist- ance Act (25 U.S.C. 450 et seq.) 1 are incor- porated in this agreement. ‘‘(2) PURPOSE.—Each provision of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 1 and each provision of this Contract shall be liberally construed for the benefit of the Contractor to transfer the funding and the following related func- tions, services, activities, and programs (or portions thereof), that are otherwise contract- able under section 102(a) of such Act, including all related administrative functions, from the Federal Government to the Contractor: (List functions, services, activities, and programs). ‘‘(b) TERMS, PROVISIONS, AND CONDITIONS.— ‘‘(1) TERM.—Pursuant to section 105(c)(1) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j(c)(1)),1 the term of this contract shall be ll years. Pursuant to section 105(d)(1) of such Act (25 U.S.C. 450j(d)) 1, upon the election by the Contractor, the period of this Contract shall be determined on the basis of a calendar year, unless the Sec- retary and the Contractor agree on a different period in the annual funding agreement incor- porated by reference in subsection (f)(2). ‘‘(2) EFFECTIVE DATE.—This Contract shall become effective upon the date of the approval and execution by the Contractor and the Sec- retary, unless the Contractor and the Sec- retary agree on an effective date other than the date specified in this paragraph. Page 745 TITLE 25—INDIANS § 5329 ‘‘(3) PROGRAM STANDARD.—The Contractor agrees to administer the program, services, functions and activities (or portions thereof) listed in subsection (a)(2) of the Contract in conformity with the following standards: (list standards). ‘‘(4) FUNDING AMOUNT.—Subject to the avail- ability of appropriations, the Secretary shall make available to the Contractor the total amount specified in the annual funding agree- ment incorporated by reference in subsection (f)(2). Such amount shall not be less than the applicable amount determined pursuant to section 106(a) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j–1).1 ‘‘(5) LIMITATION OF COSTS.—The Contractor shall not be obligated to continue performance that requires an expenditure of funds in excess of the amount of funds awarded under this Contract. If, at any time, the Contractor has reason to believe that the total amount re- quired for performance of this Contract or a specific activity conducted under this Con- tract would be greater than the amount of funds awarded under this Contract, the Con- tractor shall provide reasonable notice to the appropriate Secretary. If the appropriate Sec- retary does not take such action as may be necessary to increase the amount of funds awarded under this Contract, the Contractor may suspend performance of the Contract until such time as additional funds are award- ed. ‘‘(6) PAYMENT.— ‘‘(A) IN GENERAL.—Payments to the Con- tractor under this Contract shall— ‘‘(i) be made as expeditiously as prac- ticable; and ‘‘(ii) include financial arrangements to cover funding during periods covered by joint resolutions adopted by Congress making continuing appropriations, to the extent permitted by such resolutions. ‘‘(B) QUARTERLY, SEMIANNUAL, LUMP-SUM, AND OTHER METHODS OF PAYMENT.— ‘‘(i) IN GENERAL.—Pursuant to section 108(b) of the Indian Self-Determination and Education Assistance Act, and not- withstanding any other provision of law, for each fiscal year covered by this Con- tract, the Secretary shall make available to the Contractor the funds specified for the fiscal year under the annual funding agreement incorporated by reference pur- suant to subsection (f)(2) by paying to the Contractor, on a quarterly basis, one-quar- ter of the total amount provided for in the annual funding agreement for that fiscal year, in a lump-sum payment or as semi- annual payments, or any other method of payment authorized by law, in accordance with such method as may be requested by the Contractor and specified in the annual funding agreement. ‘‘(ii) METHOD OF QUARTERLY PAYMENT.—If quarterly payments are specified in the annual funding agreement incorporated by reference pursuant to subsection (f)(2), each quarterly payment made pursuant to clause (i) shall be made on the first day of each quarter of the fiscal year, except that in any case in which the Contract year co- incides with the Federal fiscal year, pay- ment for the first quarter shall be made not later than the date that is 10 calendar days after the date on which the Office of Management and Budget apportions the appropriations for the fiscal year for the programs, services, functions, and activi- ties subject to this Contract. ‘‘(iii) APPLICABILITY.—Chapter 39 of title 31, United States Code, shall apply to the payment of funds due under this Contract and the annual funding agreement referred to in clause (i). ‘‘(7) RECORDS AND MONITORING.— ‘‘(A) IN GENERAL.—Except for previously provided copies of tribal records that the Secretary demonstrates are clearly required to be maintained as part of the record- keeping system of the Department of the In- terior or the Department of Health and Human Services (or both), records of the Contractor shall not be considered Federal records for purposes of chapter 5 of title 5, United States Code. ‘‘(B) RECORDKEEPING SYSTEM.—The Con- tractor shall maintain a recordkeeping sys- tem and, upon reasonable advance request, provide reasonable access to such records to the Secretary. ‘‘(C) RESPONSIBILITIES OF CONTRACTOR.— The Contractor shall be responsible for man- aging the day-to-day operations conducted under this Contract and for monitoring ac- tivities conducted under this Contract to en- sure compliance with the Contract and ap- plicable Federal requirements. With respect to the monitoring activities of the Sec- retary, the routine monitoring visits shall be limited to not more than two perform- ance monitoring visits for this Contract by the head of each operating division, depart- mental bureau, or departmental agency, or duly authorized representative of such head unless— ‘‘(i) the Contractor agrees to one or more additional visits; or ‘‘(ii) the appropriate official determines that there is reasonable cause to believe that grounds for reassumption of the Con- tract, suspension of Contract payments, or other serious Contract performance defi- ciency may exist. No additional visit referred to in clause (ii) shall be made until such time as reasonable advance notice that includes a description of the nature of the problem that requires the additional visit has been given to the Con- tractor. ‘‘(8) PROPERTY.— ‘‘(A) IN GENERAL.—As provided in section 105(f) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j(f)),1 at the request of the Contractor, the Sec- retary may make available, or transfer to the Contractor, all reasonably divisible real property, facilities, equipment, and personal property that the Secretary has used to pro- vide or administer the programs, services, Page 746 TITLE 25—INDIANS § 5329 functions, and activities covered by this Contract. A mutually agreed upon list speci- fying the property, facilities, and equipment so furnished shall also be prepared by the Secretary, with the concurrence of the Con- tractor, and periodically revised by the Sec- retary, with the concurrence of the Con- tractor. ‘‘(B) RECORDS.—The Contractor shall maintain a record of all property referred to in subparagraph (A) or other property ac- quired by the Contractor under section 105(f)(2)(A) of such Act for purposes of re- placement. ‘‘(C) JOINT USE AGREEMENTS.—Upon the re- quest of the Contractor, the Secretary and the Contractor shall enter into a separate joint use agreement to address the shared use by the parties of real or personal prop- erty that is not reasonably divisible. ‘‘(D) ACQUISITION OF PROPERTY.—The Con- tractor is granted the authority to acquire such excess property as the Contractor may determine to be appropriate in the judgment of the Contractor to support the programs, services, functions, and activities operated pursuant to this Contract. ‘‘(E) CONFISCATED OR EXCESS PROPERTY.— The Secretary shall assist the Contractor in obtaining such confiscated or excess prop- erty as may become available to tribes, trib- al organizations, or local governments. ‘‘(F) SCREENER IDENTIFICATION CARD.—A screener identification card (General Serv- ices Administration form numbered 2946) shall be issued to the Contractor not later than the effective date of this Contract. The designated official shall, upon request, assist the Contractor in securing the use of the card. ‘‘(G) CAPITAL EQUIPMENT.—The Contractor shall determine the capital equipment, leases, rentals, property, or services the Contractor requires to perform the obliga- tions of the Contractor under this sub- section, and shall acquire and maintain records of such capital equipment, property rentals, leases, property, or services through applicable procurement procedures of the Contractor. ‘‘(9) AVAILABILITY OF FUNDS.—Notwith- standing any other provision of law, any funds provided under this Contract— ‘‘(A) shall remain available until expended; and ‘‘(B) with respect to such funds, no fur- ther— ‘‘(i) approval by the Secretary, or ‘‘(ii) justifying documentation from the Contractor, shall be required prior to the expenditure of such funds. ‘‘(10) TRANSPORTATION.—Beginning on the ef- fective date of this Contract, the Secretary shall authorize the Contractor to obtain inter- agency motor pool vehicles and related serv- ices for performance of any activities carried out under this Contract. ‘‘(11) FEDERAL PROGRAM GUIDELINES, MANU- ALS, OR POLICY DIRECTIVES.—Except as specifi- cally provided in the Indian Self-Determina- tion and Education Assistance Act (25 U.S.C. 450 et seq.) 1 the Contractor is not required to abide by program guidelines, manuals, or pol- icy directives of the Secretary, unless other- wise agreed to by the Contractor and the Sec- retary, or otherwise required by law. ‘‘(12) DISPUTES.— ‘‘(A) THIRD-PARTY MEDIATION DEFINED.— For the purposes of this Contract, the term ‘third-party mediation’ means a form of me- diation whereby the Secretary and the Con- tractor nominate a third party who is not employed by or significantly involved with the Secretary of the Interior, the Secretary of Health and Human Services, or the Con- tractor, to serve as a third-party mediator to mediate disputes under this Contract. ‘‘(B) ALTERNATIVE PROCEDURES.—In addi- tion to, or as an alternative to, remedies and procedures prescribed by section 110 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450m–1),1 the par- ties to this Contract may jointly— ‘‘(i) submit disputes under this Contract to third-party mediation; ‘‘(ii) submit the dispute to the adjudica- tory body of the Contractor, including the tribal court of the Contractor; ‘‘(iii) submit the dispute to mediation processes provided for under the laws, poli- cies, or procedures of the Contractor; or ‘‘(iv) use the administrative dispute res- olution processes authorized in subchapter IV of chapter 5 of title 5, United States Code. ‘‘(C) EFFECT OF DECISIONS.—The Secretary shall be bound by decisions made pursuant to the processes set forth in subparagraph (B), except that the Secretary shall not be bound by any decision that significantly conflicts with the interests of Indians or the United States. ‘‘(13) ADMINISTRATIVE PROCEDURES OF CON- TRACTOR.—Pursuant to the Indian Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.), the laws, policies, and procedures of the Contractor shall provide for administrative due process (or the equivalent of administrative due proc- ess) with respect to programs, services, func- tions, and activities that are provided by the Contractor pursuant to this Contract. ‘‘(14) SUCCESSOR ANNUAL FUNDING AGREE- MENT.— ‘‘(A) IN GENERAL.—Negotiations for a suc- cessor annual funding agreement, provided for in subsection (f)(2), shall begin not later than 120 days prior to the conclusion of the preceding annual funding agreement. Except as provided in section 105(c)(2) of the Indian Self-Determination and Education Assist- ance Act (25 U.S.C. 450j(c)(2)) 1 the funding for each such successor annual funding agreement shall only be reduced pursuant to section 106(b) of such Act (25 U.S.C. 450j–1(b)).1 ‘‘(B) INFORMATION.—The Secretary shall prepare and supply relevant information, and promptly comply with any request by the Contractor for information that the Con- Page 747 TITLE 25—INDIANS § 5329 tractor reasonably needs to determine the amount of funds that may be available for a successor annual funding agreement, as pro- vided for in subsection (f)(2) of this Contract. ‘‘(15) CONTRACT REQUIREMENTS; APPROVAL BY SECRETARY.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), for the term of the Con- tract, section 2103 of the Revised Statutes (25 U.S.C. 81), section 16 of the Act of June 18, 1934 (48 Stat. 987, chapter 576; 25 U.S.C. 476),1 and the Act of July 3, 1952 (25 U.S.C. 82a), shall not apply to any contract entered into in connection with this Contract. ‘‘(B) REQUIREMENTS.—Each Contract en- tered into by the Contractor with a third party in connection with performing the ob- ligations of the Contractor under this Con- tract shall— ‘‘(i) be in writing; ‘‘(ii) identify the interested parties, the authorities of such parties, and purposes of the Contract; ‘‘(iii) state the work to be performed under the Contract; and ‘‘(iv) state the process for making any claim, the payments to be made, and the terms of the Contract, which shall be fixed. ‘‘(c) OBLIGATION OF THE CONTRACTOR.— ‘‘(1) CONTRACT PERFORMANCE.—Except as pro- vided in subsection (d)(2), the Contractor shall perform the programs, services, functions, and activities as provided in the annual funding agreement under subsection (f)(2) of this Con- tract. ‘‘(2) AMOUNT OF FUNDS.—The total amount of funds to be paid under this Contract pursuant to section 106(a) shall be determined in an an- nual funding agreement entered into between the Secretary and the Contractor, which shall be incorporated into this Contract. ‘‘(3) CONTRACTED PROGRAMS.—Subject to the availability of appropriated funds, the Con- tractor shall administer the programs, serv- ices, functions, and activities identified in this Contract and funded through the annual fund- ing agreement under subsection (f)(2). ‘‘(4) TRUST SERVICES FOR INDIVIDUAL INDI- ANS.— ‘‘(A) IN GENERAL.—To the extent that the annual funding agreement provides funding for the delivery of trust services to indi- vidual Indians that have been provided by the Secretary, the Contractor shall main- tain at least the same level of service as the Secretary provided for such individual Indi- ans, subject to the availability of appro- priated funds for such services. ‘‘(B) TRUST SERVICES TO INDIVIDUAL INDI- ANS.—For the purposes of this paragraph only, the term ‘trust services for individual Indians’ means only those services that per- tain to land or financial management con- nected to individually held allotments. ‘‘(5) FAIR AND UNIFORM SERVICES.—The Con- tractor shall provide services under this Con- tract in a fair and uniform manner and shall provide access to an administrative or judicial body empowered to adjudicate or otherwise re- solve complaints, claims, and grievances brought by program beneficiaries against the Contractor arising out of the performance of the Contract. ‘‘(d) OBLIGATION OF THE UNITED STATES.— ‘‘(1) TRUST RESPONSIBILITY.— ‘‘(A) IN GENERAL.—The United States reaf- firms the trust responsibility of the United States to the llllll Indian tribe(s) to protect and conserve the trust resources of the Indian tribe(s) and the trust resources of individual Indians. ‘‘(B) CONSTRUCTION OF CONTRACT.—Nothing in this Contract may be construed to termi- nate, waive, modify, or reduce the trust re- sponsibility of the United States to the tribe(s) or individual Indians. The Secretary shall act in good faith in upholding such trust responsibility. ‘‘(2) GOOD FAITH.—To the extent that health programs are included in this Contract, and within available funds, the Secretary shall act in good faith in cooperating with the Con- tractor to achieve the goals set forth in the In- dian Health Care Improvement Act (25 U.S.C. 1601 et seq.). ‘‘(3) PROGRAMS RETAINED.—As specified in the annual funding agreement, the United States hereby retains the programs, services, functions, and activities with respect to the tribe(s) that are not specifically assumed by the Contractor in the annual funding agree- ment under subsection (f)(2). ‘‘(e) OTHER PROVISIONS.— ‘‘(1) DESIGNATED OFFICIALS.—Not later than the effective date of this Contract, the United States shall provide to the Contractor, and the Contractor shall provide to the United States, a written designation of a senior official to serve as a representative for notices, proposed amendments to the Contract, and other pur- poses for this Contract. ‘‘(2) CONTRACT MODIFICATIONS OR AMEND- MENT.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), no modification to this Contract shall take effect unless such modi- fication is made in the form of a written amendment to the Contract, and the Con- tractor and the Secretary provide written consent for the modification. ‘‘(B) EXCEPTION.—The addition of supple- mental funds for programs, functions, and activities (or portions thereof) already in- cluded in the annual funding agreement under subsection (f)(2), and the reduction of funds pursuant to section 106(b)(2), shall not be subject to subparagraph (A). ‘‘(3) OFFICIALS NOT TO BENEFIT.—No Member of Congress, or resident commissioner, shall be admitted to any share or part of any contract executed pursuant to this Contract, or to any benefit that may arise from such contract. This paragraph may not be construed to apply to any contract with a third party entered into under this Contract if such contract is made with a corporation for the general ben- efit of the corporation. ‘‘(4) COVENANT AGAINST CONTINGENT FEES.— The parties warrant that no person or selling Page 748 TITLE 25—INDIANS § 5329 agency has been employed or retained to so- licit or secure any contract executed pursuant to this Contract upon an agreement or under- standing for a commission, percentage, bro- kerage, or contingent fee, excepting bona fide employees or bona fide established commer- cial or selling agencies maintained by the Con- tractor for the purpose of securing business. ‘‘(f) ATTACHMENTS.— ‘‘(1) APPROVAL OF CONTRACT.—Unless pre- viously furnished to the Secretary, the resolu- tion of the llllll Indian tribe(s) author- izing the contracting of the programs, serv- ices, functions, and activities identified in this Contract is attached to this Contract as at- tachment 1. ‘‘(2) ANNUAL FUNDING AGREEMENT.— ‘‘(A) IN GENERAL.—The annual funding agreement under this Contract shall only contain— ‘‘(i) terms that identify the programs, services, functions, and activities to be performed or administered, the general budget category assigned, the funds to be provided, and the time and method of pay- ment; and ‘‘(ii) subject to subsections (a) and (b) of section 102 of the Indian Self-Determina- tion and Education Assistance Act (25 U.S.C. 5321), such other provisions, includ- ing a brief description of the programs, services, functions, and activities to be performed (including those supported by financial resources other than those pro- vided by the Secretary), to which the par- ties agree. ‘‘(B) INCORPORATION BY REFERENCE.—The annual funding agreement is hereby incor- porated in its entirety in this Contract and attached to this Contract as attachment 2.’’ (Pub. L. 93–638, title I, § 108, as added Pub. L. 103–413, title I, § 103, Oct. 25, 1994, 108 Stat. 4260; amended Pub. L. 106–568, title VIII, § 812(a), Dec. 27, 2000, 114 Stat. 2917; Pub. L. 116–180, title II, § 205, Oct. 21, 2020, 134 Stat. 881.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determina- tion and Education 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. The Indian Self-Determination and Education Assist- ance Act, referred to in the provisions of subsec. (c) set- ting out the model agreement, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as this chapter. Title I of the Act was classified principally to part A (§ 450f et seq.) of chapter 14 of this title prior to editorial re- classification as this subchapter. Sections 105, 106, and 110 of the Act were classified to sections 450j, 450j–1, and 450m–1, respectively, of this title prior to editorial reclassification as sections 5324, 5325, and 5331, respec- tively, of this title. Section 102(a) of the Act is classi- fied to section 5321(a) of this title. Section 108(b) of the Act is classified to subsec. (b) of this section. For com- plete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. The Indian Civil Rights Act of 1968, referred to in sec- tion 1(b)(13) of the provisions of subsec. (c) setting out the model agreement, is title II of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 77, which is classified generally to sub- chapter I (§ 1301 et seq.) of chapter 15 of this title. For complete classification of this Act to the Code, see Ta- bles. Section 16 of the Act of June 18, 1934, referred to in section 1(b)(15)(A) of the provisions of subsec. (c) set- ting out the model agreement, is section 16 of act June 18, 1934, ch. 576, 48 Stat. 987, which was classified to sec- tion 476 of this title prior to editorial reclassification as section 5123 of this title. The Act of July 3, 1952, referred to in section 1(b)(15)(A) of the provisions of subsec. (c) setting out the model agreement, is act July 3, 1952, ch. 549, 66 Stat. 323, which enacted section 82a of this title and provisions set out as a note under section 82a of this title. The Indian Health Care Improvement Act, referred to in section 1(d)(2) of the provisions of subsec. (c) setting out the model agreement, is Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, which is classified principally to chapter 18 (§ 1601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. CODIFICATION Section was formerly classified to section 450l of this title prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 108 of Pub. L. 93–638 was renumbered section 5(f) and was classified to section 450c(f) of this title prior to editorial reclassification as section 5305(f) of this title. AMENDMENTS 2020—Subsec. (a)(2). Pub. L. 116–180, § 205(1), inserted ‘‘subject to subsections (a) and (b) of section 5321 of this title,’’ before ‘‘contain’’. Subsec. (c). Pub. L. 116–180, § 205(3), substituted ‘‘two performance monitoring visits’’ for ‘‘one performance monitoring visit’’ in the introductory provisions of sec- tion 1(b)(7)(C) of the provisions setting out the model agreement. Pub. L. 116–180, § 205(2), inserted ‘‘subject to sub- sections (a) and (b) of section 102 of the Indian Self-De- termination and Education Assistance Act (25 U.S.C. 5321),’’ before ‘‘such other provisions’’ in section 1(f)(2)(A)(ii) of the provisions setting out the model agreement. 2000—Subsec. (c). Pub. L. 106–568 substituted ‘‘, section 16 of the Act of June 18, 1934’’ for ‘‘and sec- tion 16 of the Act of June 18, 1934’’ and ‘‘and the Act of July 3, 1952 (25 U.S.C. 82a), shall not apply’’ for ‘‘shall not apply’’ in section 1(b)(15)(A) of the provisions set- ting out the model agreement. Statutory Notes and Related Subsidiaries QUARTERLY PAYMENTS OF FUNDS TO TRIBES Pub. L. 105–83, title III, § 311, Nov. 14, 1997, 111 Stat. 1590, provided that: ‘‘Notwithstanding Public Law 103–413 [see Short Title of 1994 Amendment note set out under section 5301 of this title], quarterly payments of funds to tribes and tribal organizations under annual funding agreements pursuant to section 108 of Public Law 93–638 [25 U.S.C. 5329], as amended, beginning in fiscal year 1998 and therafter [sic], may be made on the first business day following the first day of a fiscal quarter.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 104–208, div. A, title I, § 101(d) [title III, § 311], Sept. 30, 1996, 110 Stat. 3009–181, 3009–221. Page 749 TITLE 25—INDIANS § 5331 1 See Codification note below. Pub. L. 104–134, title I, § 101(c) [title III, § 311], Apr. 26, 1996, 110 Stat. 1321–156, 1321–197; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. § 5330. Rescission of contract or grant and as- sumption of control of program, etc.; author- ity; grounds; procedure; correction of viola- tion as prerequisite to new contract or grant agreement; construction with occupational safety and health requirements Each contract or grant agreement entered into pursuant to sections 5321 and 5322 1 of this title shall provide that in any case where the ap- propriate 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, safe- ty, or welfare of any persons; or (2) gross neg- ligence 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 con- tract 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 as- sume or resume control or operation of the pro- gram, activity, or service involved if he deter- mines 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 im- minent harm to the safety of any person, or im- minent 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 con- tract 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 wel- fare 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 dem- onstrating the validity of the grounds for re- scinding, 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 et seq.]. (Pub. L. 93–638, title I, § 109, Jan. 4, 1975, 88 Stat. 2212; Pub. L. 100–581, title II, § 211, Nov. 1, 1988, 102 Stat. 2941; Pub. L. 101–301, § 2(a)(10), May 24, 1990, 104 Stat. 207; Pub. L. 103–413, title I, § 104(1), Oct. 25, 1994, 108 Stat. 4268.) Editorial Notes REFERENCES IN TEXT The Occupational Safety and Health Act of 1970, re- ferred to in text, is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables. CODIFICATION Sections 5321 and 5322 of this title, referred to in text, was in the original ‘‘sections 102, 103, and 104 of this Act’’, and was translated as meaning sections 102 and 103 of Pub. L. 93–638 because section 104 of Pub. L. 93–638 was renumbered section 103 and former section 103(a) and (b) and the first sentence of section 103(c) of Pub. L. 93–638 were repealed and the remainder of section 103 of Pub. L. 93–638 was redesignated as section 102(d) by Pub. L. 100–472, title II, §§ 201(b)(1), 202, Oct. 5, 1988, 102 Stat. 2289. Section was formerly classified to section 450m of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 1994—Pub. L. 103–413 inserted ‘‘or in the management of trust fund, trust lands or interests in such lands pur- suant to such contract or grant agreement,’’ after ‘‘pursuant to such contract or grant agreement,’’ and ‘‘, in whole or in part,’’ after ‘‘rescind such contract or grant agreement’’, substituted ‘‘action as prescribed by the Secretary to remedy the contract deficiency, ex- cept 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 op- eration 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’’ for ‘‘action as prescribed by him: Pro- vided, That the appropriate Secretary may, upon notice to a tribal organization, immediately rescind a con- tract or grant and resume control or operation of a pro- gram, activity, or service if he finds that there is an immediate threat to safety and, in such cases, he’’, struck out second period after ‘‘the tribal organization may approve’’, and inserted before last sentence ‘‘In any hearing or appeal provided for under this section, the Secretary shall have the burden of proof to estab- lish, by clearly demonstrating the validity of the grounds for rescinding, assuming, or reassuming the contract that is the subject of the hearing.’’ 1990—Pub. L. 101–301 substituted ‘‘providing notice and a hearing’’ for ‘‘providing notice and hearing’’. 1988—Pub. L. 100–581 inserted ‘‘on the record’’ after ‘‘providing notice and hearing’’. Pub. L. 100–581 which directed amendment of this sec- tion by substituting ‘‘in such cases, he shall provide the tribal organization with a hearing on the record within ten days or such later date as the tribal organi- zation may approve.’’ for ‘‘in such cases, he shall hold a hearing within ten days thereof’’ was executed by substituting the new language for ‘‘in such cases, he shall hold a hearing on such action within ten days thereof’’ to reflect the probable intent of Congress. § 5331. 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 chapter and, subject to the provisions