25 U.S.C. § 1656 — Other contract and grant requirements

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 Page 314 TITLE 25—INDIANS § 1657 1 See References in Text note below. agreed upon for the use and maintenance of such facilities. (e) Uniform provision of services and assistance Contracts with, or grants to, urban Indian or- ganizations and regulations adopted pursuant to this subchapter shall include provisions to as- sure the fair and uniform provision to urban In- dians of services and assistance under such con- tracts or grants by such organizations. (f) Eligibility for health care or referral services Urban Indians, as defined in section 1603(f) 1 of this title, shall be eligible for health care or re- ferral services provided pursuant to this sub- chapter. (Pub. L. 94–437, title V, § 506, as added Pub. L. 100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4823; amended Pub. L. 102–573, title V, § 501(b)(4), Oct. 29, 1992, 106 Stat. 4568.) Editorial Notes REFERENCES IN TEXT Section 1603(f) of this title, referred to in subsec. (f), was redesignated section 1603(28) of this title by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935. CODIFICATION ‘‘Sections 3131 and 3133 of title 40’’ substituted in sub- sec. (a) for ‘‘the Act of August 24, 1935 (40 U.S.C. 270a, et seq.)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. PRIOR PROVISIONS A prior section 1656, Pub. L. 94–437, title V, § 506, Sept. 30, 1976, 90 Stat. 1412; Pub. L. 96–537, § 7, Dec. 17, 1980, 94 Stat. 3179, authorized appropriations, prior to the gen- eral revision of this subchapter by Pub. L. 100–713. AMENDMENTS 1992—Pub. L. 102–573, § 501(b)(4)(D), inserted ‘‘and grant’’ in section catchline. Subsec. (b). Pub. L. 102–573, § 501(b)(4)(A), inserted ‘‘or grants’’ after ‘‘any contracts’’. Subsec. (d). Pub. L. 102–573, § 501(b)(4)(B), inserted ‘‘or grant’’ after ‘‘contract’’ in two places. Subsec. (e). Pub. L. 102–573, § 501(b)(4)(C), inserted ‘‘, or grants to,’’ after ‘‘Contracts with’’ and ‘‘or grants’’ after ‘‘such contracts’’. § 1657. Reports and records (a) Quarterly reports For each fiscal year during which an urban In- dian organization receives or expends funds pur- suant to a contract entered into, or a grant re- ceived, pursuant to this subchapter, such organi- zation shall submit to the Secretary a quarterly report including— (1) in the case of a contract or grant under section 1653 of this title, information gathered pursuant to clauses (10) and (11) of subsection (a) of such section; (2) information on activities conducted by the organization pursuant to the contract or grant; (3) an accounting of the amounts and pur- poses for which Federal funds were expended; and (4) such other information as the Secretary may request. (b) Audit by Secretary and Comptroller General The reports and records of the urban Indian organization with respect to a contract or grant under this subchapter shall be subject to audit by the Secretary and the Comptroller General of the United States. (c) Cost of annual private audit The Secretary shall allow as a cost of any con- tract or grant entered into under section 1653 of this title the cost of an annual private audit conducted by a certified public accountant. (d) Health status, services, and areas of unmet needs; child welfare (1) The Secretary, acting through the Service, shall submit a report to the Congress not later than March 31, 1992, evaluating— (A) the health status of urban Indians; (B) the services provided to Indians through this subchapter; (C) areas of unmet needs in urban areas served under this subchapter; and (D) areas of unmet needs in urban areas not served under this subchapter. (2) In preparing the report under paragraph (1), the Secretary shall consult with urban Indian health providers and may contract with a na- tional organization representing urban Indian health concerns to conduct any aspect of the re- port. (3) The Secretary and the Secretary of the In- terior shall— (A) assess the status of the welfare of urban Indian children, including the volume of child protection cases, the prevalence of child sex- ual abuse, and the extent of urban Indian co- ordination with tribal authorities with respect to child sexual abuse; and (B) submit a report on the assessment re- quired under subparagraph (A), together with recommended legislation to improve Indian child protection in urban Indian populations, to the Congress no later than March 31, 1992. (Pub. L. 94–437, title V, § 507, as added Pub. L. 100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4823; amended Pub. L. 101–630, title V, § 507, Nov. 28, 1990, 104 Stat. 4566; Pub. L. 102–573, title V, § 501(b)(5), Oct. 29, 1992, 106 Stat. 4568.) Editorial Notes PRIOR PROVISIONS A prior section 1657, Pub. L. 94–437, title V, § 507, Sept. 30, 1976, 90 Stat. 1412; Pub. L. 96–537, § 7, Dec. 17, 1980, 94 Stat. 3179, related to review of program by Secretary and report to Congress, prior to the general revision of this subchapter by Pub. L. 100–713. AMENDMENTS 1992—Subsec. (a). Pub. L. 102–573, § 501(b)(5)(A), in- serted ‘‘, or a grant received,’’ after ‘‘entered into’’ in introductory provisions and ‘‘or grant’’ after ‘‘con- tract’’ in pars. (1) and (2). Subsecs. (b), (c). Pub. L. 102–573, § 501(b)(5)(B), inserted ‘‘or grant’’ after ‘‘contract’’. 1990—Subsec. (d). Pub. L. 101–630 added subsec. (d). § 1658. Limitation on contract authority The authority of the Secretary to enter into contracts under this subchapter shall be to the