Application with respect to Indian Self-Determination and Education Assistance Act

Source Credit

(a) Certain provisions to apply to grants
The following provisions of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.] (and any subsequent revisions thereto or renumbering thereof), shall apply to grants provided under this chapter:
(1) Section 5(f) [25 U.S.C. 5305(f)] (relating to single agency audit).
(2) Section 6 [25 U.S.C. 5306] (relating to criminal activities; penalties).
(3) Section 7 [25 U.S.C. 5307] (relating to wage and labor standards).
(4) Section 104 [25 U.S.C. 5323] (relating to retention of Federal employee coverage).
(5) Section 105(f) [25 U.S.C. 5324(f)] (relating to Federal property).
(6) Section 105(k) [25 U.S.C. 5324(k)] (relating to access to Federal sources of supply).
(7) Section 105(l) [25 U.S.C. 5324(l)] (relating to lease of facility used for administration and delivery of services).
(8) Section 106(f) [25 U.S.C. 5325(f)] (relating to limitation on remedies relating to cost allowances).
(9) Section 106(j) [25 U.S.C. 5325(j)] (relating to use of funds for matching or cost participation requirements).
(10) Section 106(k) [25 U.S.C. 5325(k)] (relating to allowable uses of funds).
(11) Section 108(c) [25 U.S.C. 5329(c)] (Model Agreements provisions (1)(a)(5) 1 (relating to limitations of costs), (1)(a)(7) 2 (relating to records and monitoring), (1)(a)(8) 3 (relating to property), and (a)(1)(9) 4 (relating to availability of funds).5
(12) Section 109 [25 U.S.C. 5330] (relating to reassumption).
(13) Section 111 [25 U.S.C. 5332] (relating to sovereign immunity and trusteeship rights unaffected).
(b) Election for grant in lieu of contract
(1) In general
Contractors for activities to which this chapter applies who have entered into a contract under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.] that is in effect on January 8, 2002, may, by giving notice to the Secretary, elect to have the provisions of this chapter apply to such activity in lieu of such contract.
(2) Effective date of election
Any election made under paragraph (1) shall take effect on the first day of July immediately following the date of such election.
(3) Exception
In any case in which the first day of July immediately following the date of an election under paragraph (1) is less than 60 days after such election, such election shall not take effect until the first day of July of 6 year following the year in which the election is made.
(c) No duplication
No funds may be provided under any contract entered into under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.] to pay any expenses incurred in providing any program or services if a grant has been made under this chapter to pay such expenses.
(d) Transfers and carryovers
(1) Buildings, equipment, supplies, materials
A tribe or tribal organization assuming the operation of—
(A) a Bureau school with assistance under this chapter shall be entitled to the transfer or use of buildings, equipment, supplies, and materials to the same extent as if it were contracting under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.]; or
(B) a contract school with assistance under this chapter shall be entitled to the transfer or use of buildings, equipment, supplies, and materials that were used in the operation of the contract school to the same extent as if it were contracting under the Indian Self-Determination and Education Assistance Act.
(2) Funds
Any tribe or tribal organization which assumes operation of a Bureau school with assistance under this chapter and any tribe or tribal organization which elects to operate a school with assistance under this chapter rather that 7 to continue as a contract school shall be entitled to any funds which would carryover from the previous fiscal year as if such school were operated as a contract school.
(3) Funding for school improvement
Any tribe or tribal organization that assumes operation of a Bureau school or a contract school with assistance under this chapter shall be eligible for funding for the improvement, alteration, replacement, and repair of facilities to the same extent as a Bureau school.
(e) Exceptions, problems, and disputes
Any exception or problem cited in an audit conducted pursuant to section 2505(b)(1) of this title, any dispute regarding a grant authorized to be made pursuant to this chapter or any amendment to such grant, and any dispute involving an administrative cost grant under section 2008 of this title shall be administered under the provisions governing such exceptions, problems, or disputes in the case of contracts under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.]. The Equal Access to Justice Act shall apply to administrative appeals filed after September 8, 1988, by grantees regarding a grant under this chapter, including an administrative cost grant.

History

(Pub. L. 100–297, title V, §5208, as added Pub. L. 107–110, title X, §1043, Jan. 8, 2002, 115 Stat. 2076.)

Editorial Notes

Editorial Notes

References in Text
The Indian Self-Determination and Education Assistance Act, referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
The Equal Access to Justice Act, referred to in subsec. (e), is title II of Pub. L. 96–481, Oct. 21, 1980, 94 Stat. 2325. For complete classification of this Act to the Code, see Short Title note set out under section 504 of Title 5, Government Organization and Employees, and Tables.

Prior Provisions
A prior section 2507, Pub. L. 100–297, title V, §5208, Apr. 28, 1988, 102 Stat. 393; Pub. L. 100–427, §13, Sept. 9, 1988, 102 Stat. 1609; Pub. L. 103–382, title III, §382(c), Oct. 20, 1994, 108 Stat. 4017, related to payment of grants and investment of funds, prior to repeal by Pub. L. 107–110, title X, §1043, Jan. 8, 2002, 115 Stat. 2063. See section 2506 of this title.

Statutory Notes and Related Subsidiaries

Effective Date
Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education.