25 U.S.C. § 5326 — Indian Health Service: availability of

Page 741 TITLE 25—INDIANS § 5326 Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1), (3), (b), (c), (k)(11), and (n), was in the original ‘‘this Act’’, meaning 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 complete classification 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 450j–1 of this title prior to editorial reclassification and renum- bering as this section. PRIOR PROVISIONS A prior section 106 of Pub. L. 93–638 was renumbered section 105 by Pub. L. 100–472 and is classified to section 5324 of this title. AMENDMENTS 2020—Subsec. (a)(3)(A). Pub. L. 116–180, § 204(1), sub- stituted ‘‘; and’’ for ‘‘, and’’ in cl. (i) and ‘‘expense in- curred by the governing body of the Indian Tribe or Tribal organization and any overhead expense in- curred’’ for ‘‘expense related to the overhead incurred’’ in cl. (ii). Subsec. (a)(3)(B), (C). Pub. L. 116–180, § 204(2), (3), added subpar. (B) and redesignated former subpar. (B) as (C). 2000—Subsecs. (c) to (o). Pub. L. 106–260 added subsec. (c) and redesignated former subsecs. (c) to (n) as (d) to (o), respectively. 1998—Subsecs. (c) to (o). Pub. L. 105–362 redesignated subsecs. (d) to (o) as (c) to (n), respectively, and struck out former subsec. (c) which related to Secretary’s an- nual report to Congress on implementation of this chapter. 1994—Subsec. (a)(1). Pub. L. 103–413, § 102(14)(A), in- serted before period at end ‘‘, without regard to any or- ganizational level within the Department of the Inte- rior or the Department of Health and Human Services, as appropriate, at which the program, function, service, or activity or portion thereof, including supportive ad- ministrative functions that are otherwise contractable, is operated’’. Subsec. (a)(2). Pub. L. 103–413, § 102(14)(B), inserted ‘‘an amount for’’ after ‘‘consist of’’. Subsec. (a)(3). Pub. L. 103–413, § 102(14)(C), added par. (3) and struck out former par. (3) which read as follows: ‘‘Any savings in operation under a self-determination contract shall be utilized to provide additional services or benefits under the contract or be expended in the succeeding fiscal year as provided in section 13a of this title.’’ Subsec. (a)(4) to (6). Pub. L. 103–413, § 102(14)(C), added pars. (4) to (6). Subsec. (c). Pub. L. 103–413, § 102(15)(A), substituted ‘‘May 15’’ for ‘‘March 15’’ in introductory provisions. Subsec. (c)(1), (2). Pub. L. 103–413, § 102(15)(B), sub- stituted ‘‘contract support costs’’ for ‘‘indirect costs’’. Subsec. (c)(6). Pub. L. 103–413, § 102(15)(C)–(E), added par. (6). Subsec. (f). Pub. L. 103–413, § 102(16), inserted after second sentence ‘‘For the purpose of determining the 365-day period specified in this paragraph, an audit re- port shall be deemed to have been received on the date of actual receipt by the Secretary, if, within 60 days after receiving the report, the Secretary does not give notice of a determination by the Secretary to reject the single-agency report as insufficient due to non- compliance with chapter 75 of title 31 or noncompliance with any other applicable law.’’ Subsec. (g). Pub. L. 103–413, § 102(17), added subsec. (g) and struck out former subsec. (g) which read as follows: ‘‘Upon the approval of a self-determination contract and at the request of an Indian tribe or tribal organiza- tion, the Secretary shall add the indirect cost funding amount awarded for a self-determination contract to the amount awarded for direct program funding for the first year and, subject to adjustments in the amount of direct program costs for the contract, for each subse- quent year that the program remains continuously under contract.’’ Subsec. (i). Pub. L. 103–413, § 102(18), added subsec. (i) and struck out former subsec. (i) which read as follows: ‘‘Within one month after October 5, 1988, the Secretary is mandated to establish a team in each area of the Bu- reau of Indian Affairs which consists of agency per- sonnel (area personnel in the Navajo Area and in the case of Indian tribes not served by an agency) and trib- al representatives for the purpose of analyzing the ‘In- dian Priority System’ and other aspects of the budg- eting and funding allocation process of the Bureau of Indian Affairs for the purpose of making a report to Congress with appropriate recommendations for changes and legislative actions to achieve greater trib- al decision-making authority over the use of funds ap- propriated for the benefit of the tribes and their mem- bers. The report along with the analysis, findings and recommendations of the area teams shall be submitted to Congress within six months of October 5, 1988. The Secretary may submit to Congress separate comments on the information and recommendations on the re- port.’’ Subsecs. (j) to (o). Pub. L. 103–413, § 102(19), added sub- secs. (j) to (o). 1990—Subsec. (e). Pub. L. 101–644 substituted ‘‘1992’’ for ‘‘1988’’. Subsec. (f). Pub. L. 101–301, § 2(a)(8), substituted ‘‘prior to enactment of chapter 75 of title 31’’ for ‘‘prior to enactment of the Single Agency Audit Act of 1984 (chapter 75 of title 31)’’, which for purposes of codifica- tion was translated as ‘‘prior to October 19, 1984’’, re- quiring no change in text. Subsec. (i). Pub. L. 101–301, § 2(a)(9), substituted ‘‘agency personnel (area personnel in the Navajo Area and in the case of Indian tribes not served by an agen- cy)’’ for ‘‘agency personnel’’. § 5326. Indian Health Service: availability of funds for Indian self-determination or self- governance contract or grant support costs Before, on, and after October 21, 1998, and not- withstanding any other provision of law, funds available to the Indian Health Service in this Act or any other Act for Indian self-determina- tion or self-governance contract or grant sup- port costs may be expended only for costs di- rectly attributable to contracts, grants and compacts pursuant to the Indian Self-Deter- mination Act [25 U.S.C. 5321 et seq.] and no funds appropriated by this or any other Act shall be available for any contract support costs or indirect costs associated with any contract, grant, cooperative agreement, self-governance compact, or funding agreement entered into be- tween an Indian tribe or tribal organization and any entity other than the Indian Health Service. (Pub. L. 105–277, div. A, § 101(e) [title II], Oct. 21, 1998, 112 Stat. 2681–231, 2681–280.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination Act, referred to in text, is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to this subchapter (§ 5321 et seq.). 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 was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1999, Page 742 TITLE 25—INDIANS § 5327 1 See References in Text note below. and also as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of the Indian Self-Determination and Edu- cation Assistance Act which comprises this chapter. Section was formerly classified to section 450j–2 of this title prior to editorial reclassification and renum- bering as this section. § 5327. Department of the Interior: availability of funds for Indian self-determination or self- governance contract or grant support costs Notwithstanding any other provision of law, including but not limited to the Indian Self-De- termination Act of 1975, as amended [25 U.S.C. 5321 et seq.], on and after November 29, 1999, funds available to the Department of the Inte- rior for Indian self-determination or self-govern- ance contract or grant support costs may be ex- pended only for costs directly attributable to contracts, grants and compacts pursuant to the Indian Self-Determination Act of 1975 and on and after November 29, 1999, funds appropriated in this title 1 shall not be available for any con- tract support costs or indirect costs associated with any contract, grant, cooperative agree- ment, self-governance compact or funding agree- ment entered into between an Indian tribe or tribal organization and any entity other than an agency of the Department of the Interior. (Pub. L. 106–113, div. B, § 1000(a)(3) [title I, § 113], Nov. 29, 1999, 113 Stat. 1535, 1501A–157.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination Act of 1975, referred to in text, probably means the Indian Self-Determination Act, title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to this subchapter (§ 5321 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. This title, referred to in text, is title I of the Depart- ment of the Interior and Related Agencies Appropria- tions Act, 2000, as enacted by Pub. L. 106–113, div. B, § 1000(a)(3), Nov. 29, 1999, 113 Stat. 1535, 1501A–135. For complete classification of this title to the Code, see Ta- bles. CODIFICATION Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 2000, and not as part of the Indian Self-Determination and Education Assistance Act which comprises this chap- ter. Section was formerly classified to section 450j–3 of this title prior to editorial reclassification and renum- bering as this section. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in Pub. L. 105–277, div. A, § 101(e) [title I, § 114], Oct. 21, 1998, 112 Stat. 2681–231, 2681–255. § 5328. Rules and regulations (a) Authority of Secretaries of the Interior and of Health and Human Services to promulgate; time restriction (1) Except as may be specifically authorized in this subsection, or in any other provision of this chapter, the Secretary of the Interior and the Secretary of Health and Human Services may not promulgate any regulation, nor impose any nonregulatory requirement, relating to self-de- termination contracts or the approval, award, or declination of such contracts, except that the Secretary of the Interior and the Secretary of Health and Human Services may promulgate regulations under this chapter relating to chap- ter 171 of title 28, commonly known as the ‘‘Fed- eral Tort Claims Act’’, chapter 71 of title 41, dec- lination and waiver procedures, appeal proce- dures, reassumption procedures, discretionary grant procedures for grants awarded under sec- tion 5322 of this title, property donation proce- dures arising under section 5324(f) of this title, internal agency procedures relating to the im- plementation of this chapter, retrocession and tribal organization relinquishment procedures, contract proposal contents, conflicts of interest, construction, programmatic reports and data re- quirements, procurement standards, property management standards, and financial manage- ment standards. (2)(A) The regulations promulgated under this chapter, including the regulations referred to in this subsection, shall be promulgated— (i) in conformance with sections 552 and 553 of title 5 and subsections (c), (d), and (e) of this section; and (ii) as a single set of regulations in title 25 of the Code of Federal Regulations. (B) The authority to promulgate regulations set forth in this chapter shall expire if final reg- ulations are not promulgated within 20 months after October 25, 1994. (b) Conflicting laws and regulations The provisions of this chapter shall supersede any conflicting provisions of law (including any conflicting regulations) in effect on the day be- fore October 25, 1994, and the Secretary is au- thorized to repeal any regulation inconsistent with the provisions of this chapter. (c) Revisions and amendments; procedures appli- cable The Secretary of the Interior and the Sec- retary of Health and Human Services are au- thorized, with the participation of Indian tribes and tribal organizations, to revise and amend any rules or regulations promulgated pursuant to this section: Provided, That prior to any revi- sion or amendment to such rules or regulations, the respective Secretary or Secretaries shall present the proposed revision or amendment to the Committee on Energy and Natural Re- sources of the Senate and the Committee on Natural Resources of the House of Representa- tives and shall, to the extent practicable, con- sult with appropriate national or regional In- dian organizations and shall publish any pro- posed revisions in the Federal Register not less than sixty days prior to the effective date of such rules and regulations in order to provide adequate notice to, and receive comments from, other interested parties. (d) Consultation in drafting and promulgating; negotiation process; interagency committees; extension of deadlines (1) In drafting and promulgating regulations as provided in subsection (a) of this section (in-