25 U.S.C. 450h(a)

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TITLE 25—INDIANS

pursuant to the foregoing provisions: Provided further,
That nothing in this section shall in any way affect the
provisions of section 102(d) of the Indian Self-Determination and Education Assistance Act of 1975, as
amended (88 Stat. 2203; 25 U.S.C. 450 et seq.) [25 U.S.C.
450f(d)].’’
REFERENCE TO SECTION 450g(c) IN PUBLIC LAW 100–446
Pub. L. 100–472, title II, § 201(b)(2), Oct. 5, 1988, 102
Stat. 2289, provided that: ‘‘Any reference to section
103(c) [§ 103(c) of Pub. L. 93–638, formerly 25 U.S.C.
450g(c)] contained in an Act making appropriations for
the Department of the Interior and Related Agencies
for fiscal year 1989 [Pub. L. 100–446] shall be deemed to
apply to section 102(d) of such Act [§ 102(d) of Pub. L.
93–638, 25 U.S.C. 450f(d)] as amended by this Act.’’
TRIBAL SELF-GOVERNANCE DEMONSTRATION PROJECT
Pub. L. 93–638, title III, as added by Pub. L. 100–472,
title II, § 209, Oct. 5, 1988, 102 Stat. 2296; amended by
Pub. L. 102–184, §§ 2–6, Dec. 4, 1991, 105 Stat. 1278; Pub. L.
102–573, title VIII, § 814, Oct. 29, 1992, 106 Stat. 4590; Pub.
L. 103–435, § 22(a)(2), (3), Nov. 2, 1994, 108 Stat. 4575; Pub.
L. 103–437, § 10(c)(1), Nov. 2, 1994, 108 Stat. 4589; Pub. L.
105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828, related to tribal self-governance research and demonstration project conducted by Secretary of the Interior and
Secretary of Health and Human Services, prior to repeal by Pub. L. 106–260, § 10, Aug. 18, 2000, 114 Stat. 734.

§ 450g. Repealed or Transferred. Pub. L. 100–472,
title II, § 201(b)(1), Oct. 5, 1988, 102 Stat. 2289
Section, Pub. L. 93–638, title I, § 103, Jan. 4, 1975, 88
Stat. 2206; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93
Stat. 695; Pub. L. 100–202, § 101(g) [title II], Dec. 22, 1987,
101 Stat. 1329–213, 1329–246; Pub. L. 100–446, title II, Sept.
27, 1988, 102 Stat. 1817, which related to contracts by
Secretary of Health and Human Services with tribal organizations, was repealed except for the last sentence
of subsec. (c), providing that tribal organizations and
Indian contractors be deemed part of Public Health
Service, which was redesignated subsec. (d) of section
450f of this title.

§ 450h. Grants to tribal organizations or tribes
(a) Request by tribe for contract or grant by Secretary of the Interior for improving, etc.,
tribal governmental, contracting, and program planning activities
The Secretary of the Interior is authorized,
upon the request of any Indian tribe (from funds
appropriated for the benefit of Indians pursuant
to section 13 of this title, 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 450f
of this title and the additional costs associated with the initial years of operation under
such a contract or contracts; or
(3) the acquisition of land in connection with
items (1) and (2) above: Provided, That in the
case of land within Indian country (as defined

§ 450h

in chapter 53 of title 18) 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 1 Interior may (upon
request of the tribe) acquire such land in trust
for the tribe.
(b) Grants by Secretary of Health and Human
Services for development, maintenance, etc.,
of health facilities or services and improvement of contract capabilities implementing
hospital and health facility functions
The Secretary of Health and Human Services
may, in accordance with regulations adopted
pursuant to section 450k of this title, make
grants to any Indian tribe or tribal organization
for—
(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 450g 2 of this
title.
(c) Use as matching shares for other similar Federal grant programs
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 this section are
made.
(d) Technical assistance
The Secretary is directed, upon the request of
any tribal organization and subject to the availability of appropriations, to provide technical
assistance on a nonreimbursable basis to such
tribal organization—
(1) to develop any new self-determination
contract authorized pursuant to this subchapter;
(2) to provide for the assumption by such
tribal organization of any program, or portion
thereof, provided for in section 450f(a)(1) of
this title; or
(3) to develop modifications to any proposal
for a self-determination contract which the
Secretary has declined to approve pursuant to
section 450f of this title.
(e) Grants for technical assistance and for planning, etc., Federal programs for tribe
The Secretary is authorized, upon the request
of an Indian tribe, to make a grant to any tribal
organization for—
(1) obtaining technical assistance from providers designated by the tribal organization,
including tribal organizations that operate
mature contracts, for the purposes of program
planning and evaluation, including the development of any management systems necessary
1 So

in original. Probably should be followed by ‘‘the’’.
References in Text note below.

2 See

§ 450i

TITLE 25—INDIANS

for contract management, and the development of cost allocation plans for indirect cost
rates; and
(2) the planning, designing, monitoring, and
evaluating of Federal programs serving the
tribe, including Federal administrative functions.
(Pub. L. 93–638, title I, § 103, formerly § 104, Jan.
4, 1975, 88 Stat. 2207; renumbered § 103 and
amended Pub. L. 100–472, title II, § 202, Oct. 5,
1988, 102 Stat. 2289; Pub. L. 101–644, title II,
§ 203(g)(1), Nov. 29, 1990, 104 Stat. 4666.)
REFERENCES IN TEXT
Section 450g of this title, referred to in subsec. (b)(2),
was in the original ‘‘section 103 of this Act’’, meaning
section 103 of Pub. L. 93–638, the Indian Self-Determination Act. 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(c) of Pub. L. 93–638 was redesignated as section 102(d) of Pub. L. 93–638 (section
450f(d) of this title) by Pub. L. 100–472, title II,
§ 201(b)(1), Oct. 5, 1988, 102 Stat. 2289. Section 104 of Pub.
L. 93–638 was renumbered as section 103 of Pub. L. 93–638
by section 202(a) of Pub. L. 100–472, and is classified to
this section.
This subchapter, referred to in subsec. (d)(1), 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 subchapter. For complete classification of this Act to the Code, see Short Title note set
out under section 450 of this title and Tables.
PRIOR PROVISIONS
A prior section 103 of Pub. L. 93–638 was classified to
section 450g of this title and was repealed in part and
transferred in part by Pub. L. 100–472, title II, § 201(b)(1),
Oct. 5, 1988, 102 Stat. 2289.
AMENDMENTS
1990—Subsec. (a)(3). Pub. L. 101–644, which directed
the substitution of ‘‘Indian country (as defined in chapter 53 of title 18)’’ for ‘‘reservation boundaries’’ in ‘‘section 301(a)(3) of the Indian Self-Determination Act (25
U.S.C. 450h(a)(3))’’, was executed to this section, section
103(a)(3) of that Act, to reflect the probable intent of
Congress.
1988—Subsec. (a). Pub. L. 100–472, § 202(b), inserted
‘‘or’’ at end of par. (2), substituted a period for ‘‘; or’’
at end of par. (3), and struck out par. (4) which read as
follows: ‘‘the planning, designing, monitoring, and evaluating of Federal programs serving the tribe.’’
Subsec. (b). Pub. L. 100–472, § 202(c), substituted
‘‘Health and Human Services’’ for ‘‘Health, Education,
and Welfare’’.
Subsecs. (d), (e). Pub. L. 100–472, § 202(d), added subsecs. (d) and (e).
AUTHORITY OF SECRETARY TO ACQUIRE LANDS IN
TRUST
Pub. L. 101–644, title II, § 203(g)(2), Nov. 29, 1990, 104
Stat. 4666, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall not alter or
otherwise modify or affect existing prohibitions or limitations on the Secretary’s authority to acquire lands
in trust.’’

§ 450i. Retention of Federal employee coverage,
rights and benefits by employees of tribal organizations
(a) to (d) Omitted
(e) Eligible employees; Federal employee programs subject to retention
Notwithstanding the provisions of sections
8347(o), 8713, and 8914 of title 5, executive order,

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or administrative regulation, an employee serving under an appointment not limited to one
year or less who leaves Federal employment to
be employed by a tribal organization, the city of
St. Paul, Alaska, the city of St. George, Alaska,
upon incorporation, or the Village Corporations
of St. Paul and St. George Islands established
pursuant to section 1607 of title 43, in connection
with governmental or other activities which are
or have been performed 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 of chapter 81 (‘‘Compensation for Work Injuries’’) of title 5, and for this
purpose his employment with 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 payment (including an allowance, gratuity, payment under an insurance 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, 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’’) or chapter 84
(‘‘Federal Employees Retirement System’’) of
title 5, if necessary 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); and the period during which coverage,
rights, and benefits are retained under this
paragraph is deemed creditable service under
section 8332 of title 5. 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 Insurance’’) of title
5, if necessary 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); 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.
(4) To retain coverage, rights, and benefits
under chapter 87 (‘‘Life Insurance’’) of title 5,
if necessary employee deductions and agency
contributions in payment for the coverage,