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S. 1017 (93rd): Indian Self-Determination and Educational Reform Act

The text of the bill below is as of Jan 4, 1975 (Passed Congress).


88 STAT. ]         PUBLIC LAW 93-638-JAN. 4, 1975                                                     2203
                     A U T H O R I Z A T I O N OF APPROPRIATIONS

   SEC. 207. The Federal Trade Commission Act (15 U.S.C. 41 et seq.)
is amended by inserting after section 19 the following new Section:                     Ante,   p. 2201.
   "SEC. 20. There are authorized to be appropriated to carry out the                    ^^ use S7c.
functions, powers, and duties of the Federal Trade Commission not
to exceed $42,000,000 for the fiscal year ending June 30, 1975; not to
exceed $46,000,000 for the fiscal year ending June 30, 1976; and not to
exceed $50,000,000 for the fiscal year ending in 1977. For fiscal years
ending after 1977, there may be appropriated to carry out such func-
tions, powers, and duties, only such sums as the Congress may hereafter
authorize by law."
   Approved January 4, 1975.


Public Law 93-638
                                      AN :ACT                                           January 4, 1975
To provide maximum Indian participation in the Government and education of                   '-^' ^^^^^
  tlie I n d i a n people; to provide for the full participation of Indian tribes in
  programs and services conducted by the Federal Government for Indians and
  to encourage t h e development of h u m a n resources of the Indian ptiople; to
  establish a program of assistance to upgrade Indian education; to support the
  right of I n d i a n citizens to control their own educational activities; and for
  o t h e r purposes.

  Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled^ That this Act may Indian seif-
be cited as the "Indian Self-Determination and Education Assistance Educ'a'^ion ATSL"-
_/^Q^"                                                                                 ance A c t .
                                                                                         25 u s e 450
                           CONGRESSIONAL F I N D I N G S                               note.

  SEC. 2. (a) The Congress, after careful review of the Federal                          ^^ "^*-^ '*^°"
Government's historical and special legal relationship with, and result-
ing responsibilities to, American Indian people, finds that—
        (1) the prolonged Federal domination of Indian service pro-
     grams has served to retard rather than enhance the progress of
     Indian people and their communities by depriving Indians of the
     full opportunity to develop leadership skills crucial to the realiza-
     tion of self-government, and has denied to the Indian people an
     effective voice in the planning and implementation of programs
     for the benefit of Indians which are responsive to the true needs
     of Indian communities; and
        (2) the Indian people will never surrender their desire to con-
     trol their relationships both among themselves and with non-
     Indian governments, organizations, and persons.
   (b) The Congress further finds that—•
        (1) true self-determination in any society of people is depend-
     ent upon an educational process which will insure the development
     of qualified people to fulfill meaningful leadership roles;
        (2) the Federal responsibility for and assistance to education
     of Indian children has not effected the desired level of educational
     achievement or created the diverse opportunities and personal
     satisfaction which education can and should provide; and
        (3) parental and community control of the educational process
     is of crucial importance to the Indian people.
                            DECLARATION or POLICY

   SEC. 3. (a) The Congress hereby recognizes the obligation of the                     ^s use 450a.

2204 PUBLIC LAW 93-638-JAN. 4, 1975 [88 STAT. United States to respond to the strong expression of the Indian people for self-determination by assuring maximum Indian participation in the direction of educational as well as other Federal services to Indian communities so as to render such services more responsive to the needs and desires of those communities. (b) The Congress declares its commitment to the maintenance of the Federal Government's unique and continuing relationship with and responsibility to the Indian people through the establishment of a meaningful Indian self-determination policy which will permit an orderly transition from Federal domination of programs for and services to Indians to effective and meaningful participation by the Indian people in the planning, conduct, and administration of those programs and services. (c) The Congress declares that a major national goal of the United States is to provide the quantity and -quality of educational services and opportunities which will permit Indian children to compete and excel in the life areas of their choice, and to achieve the measure of self-determination essential to their social and economic well-being. DEFINITIONS 25 u s e 450b. SEC. 4. For the purposes of this Act, the term— (a) "Indian" means a person who is a member of an Indian tribe; (b) "Indian tribe" means any Indian tribe, band, nation, or other organized group or connrnmity, including any Alaska Native village or regional or village corporation as defined in or establislied pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) which is recognized as eligible for the special pro- grams and services provided by the Ignited States to Indians because of their status as Indians; (c) "Tribal organization" means the recognized governing body of any Indian tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organiza- tion and which includes the maximum participation of Indians in all phases of its activities: Provided^ That in any case where a contract is let or grant made to an organization to perform services benefitting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant; (d) "Secretary", unless otherwise designated, means the Secre- tary of the Interior; (f) "State education agency" means the State board of educa- tion or other agency or officer primarily responsible for supervision by the State of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law. REPORTING AND AUDIT REQUIREMENTS Recordkeeping. gj;c. 5. (a) Each rccipleut of Federal financial assistance from the Secretary of Interior or the Secretary of Health, Education, and Welfare, under this Act, shall keep such records as the appropriate Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the cost of the project or undertaking in connection with which such assistance is given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and
88 STAT. ] PUBLIC LAW 93-638-JAN. 4, 1975 2205 such other records as will facilitate an effective audit. (b) The Comptroller General and the appropriate Secretary, or any of their duly authorized representatives, shall, until the expira- tion of three years after completion of the project or undertaking referred to in the preceding subsection of this section, have access (for the purpose of audit and examination) to any books, documents, papers, and records of such recipients which in the opinion of the Comptroller General or the appropriate Secretary may be related or pertinent to the grants, contracts, subcontracts, subgrants, or other arrangements referred to in the preceding subsection. (c) Each recipient of Federal financial assistance referred to in subsection (a) of this section shall make such reports and information available to the Indian people served or represented by such recipient as and in a manner determined to be adequate by the appropriate Secretary. (d) Any funds paid to a financial assistance recipient referred to in subsection (a) of this section and not expended or used for the purposes for which paid shall be repaid to the Treasury of the United States. PENALTIES 25 u s e 450d. SEC. 6. Whoever, being an officer, director, agent, or employee of, or connected in any capacity with, any recipient of a contract, sub- contract, grant, or subgrant pursuant to this Act or the Act of April 16, 1934 (48 Stat. 596), as amended, embezzles, willfully mis- 25 u s e 452. applies, steals, or obtains by fraud any of the money, funds, assets, or property which are the subject of such a grant, subgrant, contract, or subcontract, shall be fined not more than $10,000 or imprisoned for not more than two years, or both, but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $100, he shall b2 fined not more than $1,000 or imprisoned not more than one year, or both. WAGE A N D LABOR STANDARDS SEC. 7. (a) All laborers and mechanics employed by contractors of 25 u s e 450e. subcontractors in the construction, alteration, or repair, including painting or decorating of buildings or other facilities in connection with contracts or grants entered into pursuant to this Act, shall be paid wages at not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act of March 3,1931 (46 Stat. 1494), as amended. With respect to construction, alteration, or repair work to '^^ ^^^ 276a which the Act of March 3, 1921 is applicable 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 (15 F.Il. 3176; 64 Stat. 1267) and section 2 of the Act of June 13,1934 (48 Stat. 948, ^ use app. ii. 40 U.S.C. 276c). (b) Any contract, subcontract, grant, or subgrant pursuant to this Act, the Act of April 16,1934 (48 Stat. 596), as amended, or any other 25 use 452. Act authorizing Federal contracts with or grants to Indian organiza- tions or for the benefit of Indians, shall require that to the greatest extent feasible— (1) preferences and opportunities for training and employ- ment in connection with the administration of such contracts or grants shall be given to Indians; and (2) preference in the award of subcontracts and subgrants in connection with the administration of such contracts or grants shall be given to Indian organizations and to Indian-owned eco- nomic enterprises as defined in section 3 of the Indian Financing Act of 1974 (88 Stat. 77). 25 use 1452.
2206 PUBLIC LAW 93-638-JAN. 4, 1975 [88 STAT. CARRYOVER OF F U N D S 25 u s e 13a. SEC. 8. The provisions of any other laws to the contrary notwith- standing, any funds appropriated pursuant to the Act of November 2, 25 u s e 13, 52a. 1921 (42 Stat. 208), for any fiscal year which are not obligated and expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation and expenditure during such succeeding fiscal year. T I T L E I—INDIAN S E L F - D E T E R M I N A T I O N ACT Citation of t i t l e . 25 u s e 450f SEC. 101. This title may be cited as the ''Indian Self-Determination note. Act". CONTRACTS BY T H E SECRETARY OF T H E INTERIOR 25 u s e 450f. SEC. 102. (a) The Secretary of the Interior is directed, upon the request of any Indian tribe, to enter into a contract or contracts with any tribal organizaton of any such Indian tribe to plan, conduct, and administer programs, or portions thereof, provided for in the Act 25 u s e 452. of April 16, 1934 (48 Stat. 596), as amended by this Act, any other program or portion thereof which the Secretary of the Interior is authorized to administer for the benefit of Indians under the Act 25 u s e 1 3 , 52a, of November 2, 1921 (42 Stat. 208), and any Act subsequent thereto: Provided^ however, That the Secretary may initially decline to enter into any contract requested by an Indian tribe if he finds t h a t : (1) the service to be rendered to the Indian beneficiaries of the particular j)rogram or function to be contracted will not be satisfactory; (2) adequate protection of trust resources is not assured, or (3) the pro- posed project or function to be contracted for cannot be properly com- pleted or maintained by the proposed contract: Provided further, That in arriving at his finding, the Secretary shall consider whether the tribe or tribal organization would be deficient in performance under the contract with respect to (A) equipment, (B) bookkeeping and accounting procedures, (C) substantive knowledge of the pro- gram to be contracted for, (D) community support for the contract, ( E ) adequately trained personnel, or ( F ) other necessary components of contract performance. (b) Whenever the Secretary declines to enter into a contract or con- tracts pursuant to subsection (a) of this section, he shall (1) state his objections in writing to the tribe within sixty days, (2) provide to the extent practicable assistance to the tribe or tribal organization to over- come his stated objections, and (3) provide the tribe with a hearing, under such rules and regulations as he may promulgate, and the oppor- tunity for appeal on the objections raised. (c) The Secretary is authorized to require any tribe requesting that he enter into a contract pursuant to the provisions of this title to obtain adequate liability insurance: Provided, however, That each such policy of insurance shall contain a provision that the insurance carrier shall waive any right it may have to raise as a defense the tribe's sovereign immunity from suit, but that such waiver shall extend only to claims the amount and nature of which are within the coverage and limits of the policy and shall not authorize or empower such insurance carrier to waive or otherwise limit the tribe's sovereign immunity outside or beyond the coverage and limits of the policy of insurance. CONTRACTS BY T H E SECRETARY OF H E A L T H , EDUCATION, AND WELFARE 25 use 450g. gj,^_ -^Qg^ ^^^ ^ j ^ ^ Secrctary of Health, Education, and Welfare is directed, upon the request of any Indian tribe, to enter into a contract or contracts with any tribal organization of any such Indian tribe to carry out any or all of his functions, authorities, and responsibilities
88 STAT. ] PUBLIC LAW 93-638-JAN. 4, 1975 2207 under the Act of August 5,1954 (68 Stat. 674), as amended: Provided, ^^ use 2001. however, That the Secretary may initially decline to enter into any contract requested by an Indian tribe if he finds t h a t : (1) the service to be rendered to the Indian beneficiaries of the particular program or function to be contracted for will not be satisfactory; (2) adequate protection of trust resources is not assured; or (3) the proposed project or function to be contracted for cannot be properly completed or main- tained by the proposed contract: Provided further^ That the Secretary of Health, Education, and Welfare, in arriving at his finding, shall consider whether the tribe or tribal organization would be deficient in performance under the contract with respect to (A) equipment, (B) bookkeeping and accounting procedures, (C) substantive knowledge of the program to be contracted for, (D) community support for the contract, (E) adequately trained personnel, or ( F ) other necessary components of contract performance. (b) Whenever the Secretary of Health, Education, and Welfare declines to enter into a contract or contracts pursuant to subsection (a) of this section, he shall (1) state his objections in writing to the tribe within sixty days; (2) provide, to the extent practicable, assistance to the tribe or tribal organization to overcome his stated objections; and (3) provide the tribe with a hearing, under such rules and regula- "taring. tions as he shall promulgate, and the opportunity for appeal on the objections raised. (c) The Secretary of Health, Education, and Welfare is authorized Liability insur- to require any tribe requesting that he enter into a contract pursuant to the provisions of this title to obtain adequate liability insurance: Provided, hotoever, That each such policy of insurance shall contain a provision that the insurance carrier shall waive any right it may have to raise as a defense the tribe's sovereign immunity from suit, but that such waiver shall extend only to claims the amount and nature of which are within the coverage and limits of the policy and shall not authorize or empower such insurance carrier to waive or otherwise limit the tribe's sovereign immunity outside or beyond the coverage and limits of the policy of insurance. GRANTS TO I N D I A N TRIBAL ORGANIZATIONS SEC. 104. (a) The Secretary of the Interior is authorized, upon the 25 u s e 450h. request of any Indian tribe (from funds appropriated for the benefit of Indians pursuant to the Act of November 2, 1921 (42 Stat. 208), ^^ "^^ ^^' ^^''' and any Act subsequent thereto) to contract with or make a grant or grants to any tribal organization for— (1) the strengthening or improvement of tribal government (including, but not limited to, the development, improvement, and administration of planning, financial management, or merit personnel systems; the improvement of tribally funded programs or activities; or the development, construction, improvement, maintenance, preservation, or operation of tribal facilities or resources) ; (2) the planning, training, evaluation of other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to section 102 of this Act and the additional costs associated with the initial years of operation under such a contract or contracts; (3) the acquisition of land in connection with items (1) and (2) above: Provided, That in the case of land within reserva- tion boundaries or which adjoins on at least two sides lands held in trust by the United States for the tribe or for individual Indians, the Secretary of Interior may (upon request of the tribe) acquire such land in trust for the tribe; or
2208 PUBLIC LAW 93-638-JAN. 4, 1975 [88 STAT. (4) the planning, designing, monitoring, and evaluating of Federal programs serving the tribe. (b) The Secretary of Health, Education, and Welfare may, in accordance with regulations adopted pursuant to section 107 of this Act, make grants to any Indian tribe or tribal organization f or— (1) the development, construction, operation, provision, or maintenance of adequate health facilities or services including the training of personnel for such work, from funds appropriated to the Indian Health Service for Indian health services or Indian health facilities; or (2) planning, training, evaluation or other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to section 103 of this Act. (c) The provisions of any other Act notwithstanding, any funds made available to a tribal organization under grants pursuant to this section may be used as matching shares for any other Federal grant programs which contribute to the purposes for which grants under tiiis section are made. PERSONNEL SEC. 105. (a) Section 3371(2) of chapter 33 of title 5, United States Code, is amended (1) by deleting the word "and" immediately after the semicolon in clause (A) ; (2) by deleting the period at the end of clause (B) and inserting in lieu thereof a semicolon and the word ''and"; and (3) by adding at the end thereof the following new clause: " ( C ) any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village as defined in 43 u s e 1601 the Alaska Native Claims Settlement Act (85 Stat. 688), which note. is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians and includes any tribal organization as defined in sec- tion 4(c) of the Indian Self-Determination and Education Ante, p. 2204. AssistaUCC A c t . " (b) The Act of August 5, 1954 (68 Stat. 674), as amended, is fur- 42 use 2004a. ther amended by adding a new section 8 after section 7 of the Act, as follows: 42 use 2004b. "SEC. 8. In accordance with subsection (d) of section 214 of the 42 use 215. Public Health Service Act (58 Stat. 690), as amended, upon the request of any Indian tribe, band, group, or community, commissioned officers of the Service may be assigned by the Secretary for the purpose of assisting such Indian tribe, group, band, or community in carrying out the provisions of contracts with, or grants to, tribal organizations 221"!^' ^^' ^^°^' pursuant to section 102, 103, or 104 of the Indian Self-Determination and Education Assistance Act". (c) Paragraph (2) of subsection (a) of section 6 of the Military 456. ''^''" Selective Service Act of 1967 (81 Stat. 100), as amended, is amended by inserting after the words "Environmental Science Services Adminis- tration" the words "or who are assigned to assist Indian tribes, groups, bands, or communities pursuant to the Act of August 5, 1954 (68 Stat. 42 use 2001. 674), as amended". 42 use 4762. (d) Section 502 of the Intergovernmental Personnel Act of 1970 (84 Stat. 1909,1925) is amended— (1) by deleting the word "and" after paragraph (3) ; (2) by deleting the period after paragraph (4) and inserting in lieu thereof a semicolon and the word "and"; and (3) by adding at the end thereof the following new paragraph; "(5) Notwithstanding the population requirements of section 4743^^'^ ^^^^' 203(a) and 303(c) of this Act, a 'local government' and a 'gen- eral local government' also mean the recognized governing body of an Indian tribe, band, pueblo, or other organized group or com-
88 STAT.] PUBLIC LAW 93-638-JAN. 4, 1975 2209 munity, including any Alaska Native village, as defined in the Alaska Native Claims Settlement Act (85 Stat. 688), which per- 43 u s e 1601 note. forms substantial governmental functions. The requirements of 42 u s e 4723, sections 203(c) and 303(d) of this Act, relating to reviews by the 4743, Governor of a State, do not apply to grant applications from the governing body of an Indian tribe, although nothing in this Act is intended to discourage or prohibit voluntary communication and cooperation between Indian tribes and State and local governments." (e) Notwithstanding any other law, executive order, or administra- Certain tribal organization tive regulation, an employee serving under an appointment not limited e m p l o y e e s , cover- to one year or less who leaves Federal employment to be employed by a g e , r i g h t s , and benefits. a tribal organization on or before December 31, 1985, in connection 25 u s e 450i. with governmental or other activities which are or have been per- formed by employees in or for Indian communities is entitled, if the employee and the tribal organization so elect, to the following: (1) To retain coverage, rights, and benefits under subchapter I Work injuries, compensation. of chapter 81 ("Compensation for Work Injuries") of title 5, United States Code, and for this purpose his employment with 5 u s e 8101. the tribal organization shall be deemed employment by the United States. However, if an injured employee, or his dependents in case of his death, receives from the tribal organization any pay- ment (including an allowance, gratuity, payment under an insur- ance policy for which the premium is wholly paid by the tribal organization, or other benefit of any kind) on account of the same injury or death, the amount of that payment shall be credited against any benefit payable under subchapter I of chapter 81 of title 5, United States Code, as follows: (A) payments on account of injury or disability shall be credited against disability compensation payable to the injured employee; and (B) payments on account of death shall be credited against death compensation payable to dependents of the deceased employee. (2) To retain coverage, rights, and benefits under chapter 83 Retirement. ("Retirement") of title 5, United States Code, if necessary 5 u s e 8301. employee deductions and agency contributions in payment for coverage, rights, and benefits for the period of employment with the tribal organization are currently deposited in the Civil Service Retirement and Disability Fund (section 8348 of title 5, Ignited States Code) ; and the period during which coverage, rights, and benefits are retained under this paragraph is deemed creditable service under section 8332 of title 5, ITnited States Code. Days of unused sick leave to the credit of an employee under a formal leave system at the time the employee leaves Federal employment to be employed by a tribal organization remain to his credit for retirement purposes during covered service with the tribal organization. (3) To retain coverage, rights, and benefits under chapter 89 Health insur- ("Health Insurance") of title 5, United States Code, if necessary ance. 5 u s e 8901. employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the tribal organization are currently deposited in the Employee's Health Benefit Fund (section 8909 of title 5, United States Code) ; and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as an employee under chapter 89 of title 5, United States Code. (4) To retain coverage, rights, and benefits under chapter 87 Life i n s u r a n c e . 5 u s e 8701. ("Life Insurance") of title 5, United States Code, if necessary
2210 PUBLIC LAW 93-638-JAN. 4, 1975 [88 STAT. employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the tribal organizations are currently deposited in the Employee's Life Insurance Fund (section 8714 of title 5, United States Code) ; and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as 5 use 8701, ^^ employee under chapter 87 of title 5, United States Code. (f) During the period an employee is entitled to the coverage, rights, and benefits pursuant to the preceding subsection, the tribal organization employing such employee shall deposit currently in the appropriate funds the employee deductions and agency contributions required by paragraphs (2), (3), and (4) of such preceding subsection. (g) An employee who is employed by a tribal oi'ganization under subsection (e) of this section and such tribal organization shall make the election to retain the coverages, rights, and benefits in paragraphs (1), (2), (3), and (4) of such subsection (e) before the date of his employment by a tribal organization. An employee who is employed by a tribal organization under subsection (e) of this section shall con- tinue to be entitled to the benefits of such subsection if he is employed by another tribal organization to perform service in activities of the type described in such subsection. "Employee." (h) YoT thc purposcs of subscctlous (e), (f), and (g) of this sec- tion, the term "employee" means an employee as defined in section 2105 of title 5, United States Code. Regulations, ^^^ /pj^g President may prescribe regulations necessary to carry out the provisions of subsections (e), (f), ( g ) , and (h) of this section and to protect and assure the compensation, retirement, insurance, leave, reemployment rights, and such other similar civil service employment rights as he finds appropriate. (j) Anything in sections 205 and 207 of title 18, United States Code to the contrary notwithstanding, officers and employees of the United States assigned to an Indian tribe as authorized under section 3372 of title 5, United States Code, or section 2072 of the Revised Statutes (25 U.S.C. 48) and former officers and employees of the United States employed by Indian tribes may act as agents or attorneys for or appear on behalf of such tribes in connection wth any matter pending before any department, agency, court, or commission, including any matter in which the United States is a party or has a direct and substantial interest: Provided, That each such officer or employee or former officer or employee must advise in writing the head of the department, agency, court, or commission with which he is dealing or appearing on behalf of the tribe of any personal and substantial involvement he may have had as an officer or employee of the United States in connection with the matter involved. ADMINISTRATIVE PROVISIONS 25 use 450j. gj,(^^ ]^Qg_ (^^^ Contracts with tribal organizations pursuant to sec- tions 102 and 103 of this Act shall be in accordance with all Federal contracting laws and regulations except that, in the discretion of the appropriate Secretary, such contracts may be negotiated without advertising and need not conform with the provisions of the Act of 40 u s e 270a. August 24,1935 (49 Stat. 793), as amended: Provided, That the appro- priate Secretary may waive any provisions of such contracting laws or regulations which he determines are not appropriate for the pur- poses of the contract involved or inconsistent with the provisions of this Act. (b) Payments of any grants or under any contracts pursuant to section 102, 103, or 104 of this Act may be made in advance or by way of reimbursement and in such installments and on such conditions as
88 STAT. ] PUBLIC LAW 93-638-JAN. 4, 1975 221:L the appropriate Secretary deems necessary to carry out the purposes of this title. The transfer of funds shall be scheduled consistent with program requirements and applicable Treasury regulations, so as to minimize the time elapsing between the transfer of such funds from the United States Treasury and the disbursement thereof by the tribal organization, whether such disbursement occurs prior to or subsequent to such transfer of funds. Tribal organizations shall not be held accountable for interest earned on such funds, pending their disburse- ment by such organization. (c) Any contract requested by a tribe pursuant to sections 102 and Contracts, term. 103 of this Act shall be for a term not to exceed one year unless the appropriate Secretary determines that a longer term would be advis-' able: Provided^ That such term may not exceed three years and shall be subject to the availability of appropriations: Provided^ further^ That the amounts of such contracts may be renegotiated annually to reflect factors, including but not limited to cost increases beyond the control of a tribal organization. (d) Notwithstanding any provision of law to the contrary, the appropriate Secretary may, at the request or consent of a tribal orga- nization, revise or amend any contract or grant made by him pursuant to section 102, 103, or 104 of this Act with such organization as neces- sary to carry out the purposes of this title: Provided^ however^ That whenever an Indian tribe requests retrocession of the appropriate Secretary for any contract entered into pursuant to this Act, such retrocession shall become effective upon a date specified by the appro- priate Secretary not more than one hundred and twenty days from the date of the request by the tribe or at such later date as may be mutu- ally agreed to by the appropriate Secretary and tlie tribe. (e) In connection with any contract or grant made pursuant to sec- tion 102,103, or 104 of this Act, the appropriate Secretary may permit a tribal organization to utilize, in carrying out such contract or grant, existing school buildings, hospitals, and other facilities and all equip- ment therein or appeitaining thereto and other personal property owned by the Government within his jui'isdiction under such terms and conditions as may be agreed upon for their use and maintenance. (f) The contracts authorized under sections 102 and 103 of this Act and grants pursuant to section 104 of this Act may include provisions for t'.ie performance of personal serAdces which would otherwise be performed by Federal employees including, but in no way limited to, functions such as determination of eligibility of applicants for assist- ance, benefits, or services, and the extent or amount of such assistance, benefits, or services to be provided and the provisions of such assist- ance, benefits, or services, all in accordance with the terms of the con- tract or grant and applicable rules and regulations of the appropriate Secretary: Provided^ That the Secretary shall not make any contract which would impair his ability to discharge his trust responsibilities to any Indian tribe or individuals. (g) Contracts and grants with tribal organizations pursuant to sec- tions 102,103, and 104 of this Act and the rules and regulations adopted by the Secretaries of the Interior and Health, Education, and Welfare pursuant to section 107 of this Act shall include provisions to assure the fair and uniform provision by such tribal organizations of the services and assistance they provide to Indians under such contracts and grants. (h) The amount of funds provided under the terms of contracts entered into pursuant to sections 102 and 103 shall not be less than the appropriate Secretary would have otherwise provided for his direct operation of the programs or portions thereof for the period covered by the contract: Provided^ That any savings in operation under such
2212 PUBLIC LAW 93-638-JAN. 4, 1975 [88 STAT. contracts shall be utilized to provide additonal services or benefits under the contract. PROMULGATION OF RULES A N D REGULATIONS 25 use 450k. ^^^^ 107. (a) The Secretaries of the Interior and of Health, Educa- tion, and Welfare are each authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purposes of carrying out the provisions of this title. (b) (1) Within six months from the date of enactment of this Act, the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall each to the extent practicable, consult with national and regional Indian organizations to consider and formulate appro- priate rules and regulations to implement the provisions of this title. (2) Within seven months from the date of enactment of this Act, the Secretary of the Interior and the Secretary of Health, Education, and Welfare 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. Publication in (•]) Witliiu eight months from the date of enactment of this Act, Federal Register, ^^^Q Sccrctary of the luterior and the Secretary of Health, Educa- tion, and Welfare shall publish proposed rules and regulations in the Federal Register for the purpose of receiving comments from interested parties. (4) Within ten months from the date of enactment of this Act, the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall promulgate rules and regulations to implement the provisions of this title. (c) The Secretary of the Interior and the Secretary of Health, Education, and Welfare are authorized to revise and amend any rules or regulations promulgated pursuant to this section: Provided, That prior to any revision or amendment to such rules or regulations, the respective Secretary or Secretaries shall present the proposed revision or amendment to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives and shall, to the extent practicable, consult with appropriate national or regional Publication in Federal R e g i s t e Indian organizations and shall publish any proposed 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. REPORTS 25 u s e 4 5 0 / . SEC. 108. For each fiscal year during which an Indian tribal organi- zation receives or expends funds pursuant to a contract or grant under this title, the Indian tribe which requested such contract or grant shall submit to the appropriate Secretary a report including, but not limited to, an accounting of the amounts and purposes for which Federal funds were expended, information on the conduct of the program or service involved, and such other information as the appropriate Secre- tary may request. REASSUMPTION OF PROGRAMS 25 u s e 450m. SEC. 109. Each contract or grant agreement entered into pursuant to sexitions 102, 103, and 104 of this Act shall provide that in any case where the appropriate Secretary determines that the tribal organiza- tion's performance under such contract or grant agreement involves (1) the violation of the rights or endangerment of the health, safety, or welfare of any persons; or (2) gross negligence or mismanagement
88 STAT. ] PUBLIC LAW 93-638-JAN. 4, 1975 2213 in the handling or use of funds provided to the tribal organization pursuant to such contract or grant agreement, such Secretary may, under regulations prescribed by him and after providing notice and . Notice and hear- hearing to such tribal organization, rescind such contract or grant '"^' agreement and assume or resume control or operation of the program, activity, or service involved if he determines that the tribal organiza- tion has not taken corrective action as prescribed by him: Provided^ That the appropriate Secretary may, upon notice to a tribal organiza- tion, immediately rescind a contract or grant and resume control or operation of a program, activity, or service if he finds that there is an immediate threat to safety and, in such cases, he shall hold a hearing on such action within ten days thereof. Such Secretary may decline to enter into a new contract 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 welfare which necessitated the rescission has been corrected. Nothing in this section shall be construed as contravening the Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended (29 U.S.C. 651). E F F E C T ON E X I S T I N G RIGHTS SEC. 110. Nothing in this Act shall be construed as— ^s use 450n. (1) affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from suit enjoyed by an Indian tribe; or (2) authorizing or requiring the termination of any existing trust responsibility of the United States with respect to the Indian people. T I T L E I I — T H E I N D I A N E D U C A T I O N A S S I S T A N C E ACT SEC. 201. This title may be cited as the "Indian Education Assistance citation of title. Act". 2 5 u s e 455 note. PART A—EDUCATION OF INDIANS I N PUBLIC SCHOOLS SEC. 202. The Act of April 16, 1934 (48 Stat. 596), as amended, is " use 452. further amended by adding at the end thereof the following new sections: "SEC. 4. The Secretary of the Interior shall not enter into any con- 25 use 455. tract for the education of Indians unless the prospective contractor has submitted to, and has had approved by the Secretary of the Inte- rior, an education plan, which plan, in the determination of the Sec- retary, contains educational objectives which adequately address the educational needs of the Indian students who are to be beneficiaries of the contract and assures that the contract is capable of meeting such objectives: Provided^ That where students other than Indian students participate in such programs, money expended under such contract shall be prorated to cover the participation of only the Indian students. "SEC. 5. (a) "\^nhienever a school district affected by a contract or con- 25 use 456. tracts for the education of Indians pursuant to this Act has a local school board not composed of a majority of Indians, the parents of the Indian children enrolled in the school or schools affected by such contract or contracts shall elect a local committee from among their number. Such committee shall fully participate in the development of, and shall have the authority to approve or disapprove programs to be conducted under such contract or contracts, and shall carry out such other duties, and be so structured, as the Secretary of the Interior shall by regulation provide: Provided^ however^ That, whenever a local Indian committee or committees established pursuant to section 305 (b) (2) (B) (ii) of the Act of June 23,1972 (86 Stat. 235) or an Indian advisory school board or boards established pursuant to this Act prior 38-194 O - 76 - 57 Pt. 2
2214 PUBLIC LAW 93-638-JAN. 4, 1975 [88 STAT. to the date of enactment of this section exists in such school district, such committee or board may, in the discretion of the affected tribal governing body or bodies, be utilized for the purposes of this section. "(b) The Secretary of the Interior may, in his discretion, revoke any contract if the contractor fails to permit a local committee to perform its duties pursuant to subsection (a). 25 u s e ,457. "SEC. 6. Any school district educating Indian students who are members of recognized Indian tribes, who do not normally reside in the State in which such school district is located, and who are residing in Federal boarding facilities for the purposes of attending public schools within such district may, in the discretion of the Secretary of the Interior, be reimbursed by him for the full per capita costs of educating such Indian students." R e port to con SEC. 203. After conferring with persons competent in the field of gressiona 1 com- mittees. Indian education, the Secretary, in consultation with the Secretary 25 u s e 457 of Health, Education, and Welfare, shall prepare and submit to the note Committees on Interior and Insular Affairs of the United States Senate and House of Representatives not later than October 1, 1975, a report which shall include: (1) a comprehensive analysis of the Act of April 16, 1934 (48 2 5 u s e 452. Stat. 596), as amended, including— (A) factors determining the allocation of funds for the special or supplemental educational programs of Indian students and current operating expenditures; (B) the relationship of the Act of April 16,1934 (48 Stat. 596), as amended, to— (i) title I of the Act of September 30, 1950 (64 Stat. 20 u s e 236. 1100), as amended; and (ii) the Act of April 11, 1965 (79 Stat. 27), as 20 u s e 8 2 1 amended; and note. (iii) title I V of the Act of June 23, 1972 (86 Stat. 20 u s e 241aa 235); and note. (iv) the Act of September 23, 1950 (72 Stat. 548), as 20 u s e 6 3 1 . amended. (2) a specific program to meet the special educational needs of Indian children who attend public schools. Such program shall include, but need not be limited to, the following: (A) a plan for the equitable distribution of funds to meet the special or supplemental educational needs of Indian chil- dren and, where necessary, to provide general operating ex- penditures to schools and school districts educating Indian children; and (B) an estimate of the cost of such program; (3) detailed legislative recommendations to implement the pro- gram prepared pursuant to clause (2) ; and Indian-con- trolled community (4) a specific program, together with detailed legislative rec- colleges. ommendations, to assist the development and administration of Indian-controlled community colleges. PART B—SCHOOL CONSTRUCTION Contract author- SEC. 204. (a) The Secretary is authorized to enter into a contract or ity. 25 u s e 458. contracts with any State education agency or school district for the purpose of assisting such agency or district in the acquisition of sites for, or the construction, acquisition, or renovation of facilities (includ- ing all necessary equipment) in school districts on or adjacent to or in close proximity to any Indian reservation or other lands held in trust by the United States for Indians, if such facilities are necessary for the education of Indians residing on any such reservation or lands.
88 STAT. ] PUBLIC LAW 93-638-JAN. 4, 1975 2215 (b) The Secretary may expend not less than 75 per centum of such funds as are authorized and appropriated pursuant to this part B on those projects which meet the eligibility requirements under subsec- tions (a) and (b) of section 14 of the Act of September 23, 1950 (72 Stat. 548), as amended. Such funds shall be allocated on the basis 20 use 644. of existing funding priorities, if any, established by the United States Commissioner of Education under subsections (a) and (b) of section 14 of the Act of September 23, 1950, as amended. The United States Commissioner of Education is directed to submit to the Secretary, at the beginning of each fiscal year, commencing with the first full fiscal year after the date of enactment of this Act, a list of those proj- ects eligible for funding under subsections (a) and (b) of section 14 of the Act of September 23,1950, as amended. (c) The Secretary may expend not more than 25 per centum of such funds as may be authorized and appropriated pursuant to this part B on any school eligible to receive funds under section 208 of this Act. (d) Any contract entered into by the Secretary pursuant to this sec- tion shall contain provisions requiring the relevant State educational agency to— (1) provide Indian students attending any such facilities con- structed, acquired, or renovated, in whole or in part, from funds made available pursuant to this section with standards of educa- tion not less than those provided non-Indian students in the school district in which the facilities are situated; and (2) meet, with respect to such facilities, the requirements of the State and local building codes, and other building standards set by the State educational agency or school district for other public school facilities under its jurisdiction or control or by the local government in the jurisdiction within which the facilities are situated. (e) The Secretary shall consult with the entity designated pursuant to section 5 of the Act of April 16,1934 (48 Stat. 596), as amended by this Act, and with the governing body of any Indian tribe or tribes ^"'e, p. 2213. the educational opportunity for the members of which will be signifi- cantly affected by any contract entered into pursuant to this section. Such consultation shall be advisory only, but shall occur prior to the entering into of any such contract. The foregoing provisions of this subsection shall not be applicable where the application for a contract pursuant to this section is submitted by an elected school board of which a majority of its members are Indians. (f) Within ninety days following the expiration of the three year p-^ogram evaiu- period following the date of the enactment of this Act, the Secretary congre7J'.°'^*'° shall evaluate the effectiveness of the program pursuant to this section and transmit a report of such evaluation to the Congress. Such report shall include— (1) an analysis of construction costs and the impact on such costs of the provisions of subsection (f) of this section and the Act of March 3, 1921 (46 Stat. 1491), as amended; (2) a description of the working relationship between the Department of the Interior and the Department of Health, Edu- cation, and Welfare including any memorandum of understanding in connection with the acquisition of data pursuant to subsection (b) of this section; (3) projections of the Secretary of future construction needs of the public schools serving Indian children residing on or adja- cent to Indian reservations:
2216 PUBUC LAW 93-638-JAN. 4, 1975 [88 STAT. (4) a description of the working relationship of the Department of the Interior with local or State educational agencies in connec- tion with the contracting for construction, acquisition, or renova- tion of school facilities pursuant to this section; and (5) the recommendations of the Secretary with respect to the transfer of the responsibility for administering subsections (a) and (b) of section 14 of the "Act of September 23, 1950 (72 Stat. 20 u s e 6 4 4 . 548), as amended, from the Department of Health, Education, and Welfare to the Department of the Interior. Appropriation. ^g^ YoT the purposc of carrying out the provisions of this section, there is authorized to be appropriated the sum of $35,000,000 for the fiscal year ending June 30, 1974; $35,000,000 for each of the four succeeding fiscal years; and thereafter, such sums as may be necessary, all of such sums to remain available until expended. PART C — G E N E R A L PROVISIONS 25 use 458a. gp(^ 205. No funds from any grant or contract pursuant to this title shall be made available to any school district unless the Secretary is satisfied that the quality and standard of education, including facili- ties and auxiliary services, for Indian students enrolled in the schools of such district are at least equal to that provided all other students from resources, other than resources provided in this title, available to the local school district. 25 u s e 458b. SEC. 206. No funds from any contract or grant pursuant to this title shall be made available by any Federal agency directly to other than public agencies and Indian tribes, institutions, and organizations: Provided, That school districts. State education agencies, and Indian tribes, institutions, and organizations assisted by this title may use funds provided herein to contract for necessary services with any appropriate individual, organization, or corporation. 25 u s e 4 5 8 c . SEC. 207. (a) (1) Within six months from the date of enactment of this Act, the Secretary shall, to the extent practicable, consult with national and regional Indian organizations with experiences in Indian education to consider and formulate appropriate rules and regulations to implement the provisions of this title. (2) Within seven months from the date of enactment of this Act, the Secretary shall present the proposed rules and regulations to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives. Rules and regu lations, publica- (3) Within eight months from the date of enactment of this Act, the tion in F e d e r a l Secretary shall publish proposed rules and regulations in the Federal Register. Register for the purpose of receiving comments from interested parties. (4) Within ten months from the date of enactment of this Act, the Secretary shall promulgate rules and regulations to implement the provisions of this title. (b) The Secretary is authorized to revise and amend any rules or regulations promulgated pursuant to subsection (a) of this section: Fe^e'i^iTRegi'ster. Provided, That prior to any revision or amendment to such rules or regulations the Secretary shall, to the extent practicable, consult with appropriate national and regional Indian organizations, and shall publish any proposed 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. 25 use 458d. gj,(2 208. The Secretary is authorized and directed to provide funds, pursuant to this Act: the the Act of April 16, 1934 (48 Stat. 596), as 25 u s e 4 5 2 . amended: or any other authority granted to him to any tribe or tribal organization which controls and manages any previously private
88 STAT. ] PUBLIC LAW 93-640-JAN. 4, 1975 2217 Report to con- school. The Secretary shall transmit annually to the Committees on g r e s s i o n a l com- Interior and Insular Affairs of the United States Senate and House mittees. of Representatives a report on the educational assistance program conducted pursuant to this section. 25 u s e 4 5 8 e . SEC. 209. The assistance provided in this Act for the education of Indians in the public schools of any State is in addition and supple- mental to assistance provided under title IV of the Act of June 23,1972 (86 Stat. 235). 20 u s e 241aa note. Approved January 4, 1975. Public Law 93-639 AN ACT January 4, 197! [S.1083] To amend certain provisions of Federal law relating to explosives. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled^ That this Act may Amendments of be cited as "Amendments of 1973 to Federal Law Kelating to Law Reiaun"^to Explosives". Explosives. SEC. 101. Section 845(a) of title 18 of the United States Code n o18 te. u s e 845 (relating to exemptions from certain provisions of Federal law relat- ing to explosives) is amended by striking out paragraph (5) and inserting in lieu thereof the following new paragraph: "(5) commercially manufactured black powder in quantities not to exceed fifty pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers, intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in section 921(a) (16) of title 18 of the United States Code, or in antique devices as exempted from the term 'destructive device' in section 921(a) (4) of title 18 of the United States Code; and". SEC. 102. Section 921(a) (4) of title 18 of the United States Code is amended by inserting after the word "sporting" in the last sentence the following:", recreational or cultural". Approved January 4, 1975. Public Law 93-640 AN A C T January 4, 1975 To amend the Public Health Service Act to expand the authority of the National ^^' '^^^^'^ Institute of Arthritis, Metabolism, and Digestive Diseases in order to advance a national att ick on arthritis. Be it enacted by the Senate amd House of Representatives of the United States of America in Congress assemhled^ National Arthri- tis Act of 1974. SHORT TITLE SECTION 1. This Act may be cited as the "National Arthritis Act of '*2 use 289c-1 1974". F I N D I N G S AND DECLARATION OF PURPOSE SEC. 2, The Congress makes the following findings— 42 use 289c-i (1) Arthritis and related musculoskeletal diseases constitute "°'^' major health problems in the United States in that they afilict more than twenty million Americans and are the greatest single cause of chronic pain and disability. (2) The complications of arthritis lead to many other serious