Indian Self-Determination and Education Assistance Act

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:
"SEC. 20. There are authorized to be appropriated to carry out the
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 functions, powers, and duties, only such sums as the Congress may hereafter
authorize by law."
Approved January 4, 1975.

Ante,

p. 2201.

^^ use S7c.

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 seifbe cited as the "Indian Self-Determination and Education Assistance Educ'a'^ion ATSL"_/^Q^"

ance A c t .

CONGRESSIONAL F I N D I N G S

SEC. 2. (a) The Congress, after careful review of the Federal
Government's historical and special legal relationship with, and resulting responsibilities to, American Indian people, finds that—
(1) the prolonged Federal domination of Indian service programs 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 realization 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 control their relationships both among themselves and with nonIndian governments, organizations, and persons.
(b) The Congress further finds that—•
(1) true self-determination in any society of people is dependent 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.

25 u s e 450
note.

^^ "^*-^ '*^°"

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 programs 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 organization 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 Secretary of the Interior;
(f) "State education agency" means the State board of education 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 expiration 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

SEC. 6. Whoever, being an officer, director, agent, or employee of,
or connected in any capacity with, any recipient of a contract, subcontract, grant, or subgrant pursuant to this Act or the Act of
April 16, 1934 (48 Stat. 596), as amended, embezzles, willfully misapplies, 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.

25 u s e 450d.

25 u s e 452.

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 organizations or for the benefit of Indians, shall require that to the greatest
extent feasible—
(1) preferences and opportunities for training and employment 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 economic 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.
25 u s e 13, 52a.

SEC. 8. The provisions of any other laws to the contrary notwithstanding, any funds appropriated pursuant to the Act of November 2,
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
note.

SEC. 101. This title may be cited as the ''Indian Self-Determination
Act".
CONTRACTS BY T H E SECRETARY OF T H E

25 u s e 450f.

25 u s e 452.

25 u s e 1 3 , 52a,

INTERIOR

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
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
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 proposed project or function to be contracted for cannot be properly completed 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 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 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 regulations as he may promulgate, and the opportunity 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

under the Act of August 5,1954 (68 Stat. 674), as amended: 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 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 maintained 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 regulations as he shall promulgate, and the opportunity for appeal on the
objections raised.
(c) The Secretary of Health, Education, and Welfare 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, 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.

2207
^^ use 2001.

"taring.
Liability insur-

GRANTS TO I N D I A N TRIBAL ORGANIZATIONS

SEC. 104. (a) The Secretary of the Interior is authorized, upon the
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 reservation 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

25 u s e 450h.

^^ "^^ ^^' ^^'''

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

43 u s e 1601
note.

Ante, p. 2204.

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
the Alaska Native Claims Settlement Act (85 Stat. 688), which
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 section 4(c) of the Indian Self-Determination and Education
AssistaUCC A c t . "

(b) The Act of August 5, 1954 (68 Stat. 674), as amended, is fur42 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 Administration" 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 'general 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

munity, including any Alaska Native village, as defined in the
Alaska Native Claims Settlement Act (85 Stat. 688), which performs substantial governmental functions. The requirements of
sections 203(c) and 303(d) of this Act, relating to reviews by the
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 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 on or before December 31, 1985, 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,
United States Code, 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, 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") of title 5, United States Code, 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, 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 Insurance") of title 5, United States Code, 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, 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 Insurance") of title 5, United States Code, if necessary

2209
43 u s e 1601
note.
42 u s e 4723,
4743,

Certain tribal
organization
e m p l o y e e s , covera g e , r i g h t s , and
benefits.
25 u s e 450i.

Work injuries,
compensation.
5 u s e 8101.

Retirement.
5 u s e 8301.

Health insurance.
5 u s e 8901.

Life i n s u r a n c e .
5 u s e 8701.

2210

5 use 8701,

"Employee."
Regulations,

PUBLIC LAW 93-638-JAN. 4, 1975

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
^^ 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 continue 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.
(h) YoT thc purposcs of subscctlous (e), (f), and (g) of this section, the term "employee" means an employee as defined in section
2105 of title 5, United States Code.
^^^ /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

25 use 450j.

40 u s e 270a.

[88 STAT.

PROVISIONS

gj,(^^ ]^Qg_ (^^^ Contracts with tribal organizations pursuant to sections 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
August 24,1935 (49 Stat. 793), as amended: Provided, That the appropriate Secretary may waive any provisions of such contracting laws
or regulations which he determines are not appropriate for the purposes 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

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 disbursement by such organization.
(c) Any contract requested by a tribe pursuant to sections 102 and
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 organization, revise or amend any contract or grant made by him pursuant
to section 102, 103, or 104 of this Act with such organization as necessary 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 appropriate 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 mutually agreed to by the appropriate Secretary and tlie tribe.
(e) In connection with any contract or grant made pursuant to section 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 equipment 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 assistance, benefits, or services, and the extent or amount of such assistance,
benefits, or services to be provided and the provisions of such assistance, benefits, or services, all in accordance with the terms of the contract 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 sections 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

221:L

Contracts, term.

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, Education, 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 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 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, Education, 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
Indian organizations and shall publish any proposed revisions in the
Federal R e g i s t e
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 organization 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 Secretary may request.
REASSUMPTION

25 u s e 450m.

OF PROGRAMS

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 organization'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 hearhearing 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 organization has not taken corrective action as prescribed by him: Provided^
That the appropriate Secretary may, upon notice to a tribal organization, 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—
(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.

^s use 450n.

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
Act".

citation of title.
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
further amended by adding at the end thereof the following new
sections:
"SEC. 4. The Secretary of the Interior shall not enter into any contract for the education of Indians unless the prospective contractor
has submitted to, and has had approved by the Secretary of the Interior, an education plan, which plan, in the determination of the Secretary, 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 contracts 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

" use 452.
25 use 455.

25 use 456.

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 comIndian education, the Secretary, in consultation with the Secretary
mittees.
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 children and, where necessary, to provide general operating expenditures 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 program prepared pursuant to clause (2) ; and
Indian-con(4) a specific program, together with detailed legislative rectrolled community
colleges.
ommendations, to assist the development and administration of
Indian-controlled community colleges.
PART B—SCHOOL CONSTRUCTION
Contract authority.
25 u s e 458.

SEC. 204. (a) The Secretary is authorized to enter into a contract or
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 (including 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 subsections (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 projects 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 section shall contain provisions requiring the relevant State educational
agency to—
(1) provide Indian students attending any such facilities constructed, acquired, or renovated, in whole or in part, from funds
made available pursuant to this section with standards of education 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 significantly 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 evaiuperiod 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, Education, 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 adjacent to Indian reservations:

2216

20 u s e 6 4 4 .

Appropriation.

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 connection with the contracting for construction, acquisition, or renovation 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.
548), as amended, from the Department of Health, Education,
and Welfare to the Department of the Interior.
^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 facilities 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
(3) Within eight months from the date of enactment of this Act, the
lations, publication 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

school. The Secretary shall transmit annually to the Committees on
Interior and Insular Affairs of the United States Senate and House
of Representatives a report on the educational assistance program
conducted pursuant to this section.
SEC. 209. The assistance provided in this Act for the education of
Indians in the public schools of any State is in addition and supplemental to assistance provided under title IV of the Act of June 23,1972
(86 Stat. 235).
Approved January 4, 1975.

Report to cong r e s s i o n a l committees.

25 u s e 4 5 8 e .

20 u s e 241aa
note.

Public Law 93-639
AN ACT
To amend certain provisions of Federal law relating to explosives.

January 4, 197!
[S.1083]

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".
u s e 845
SEC. 101. Section 845(a) of title 18 of the United States Code n o18
te.
(relating to exemptions from certain provisions of Federal law relating 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
United States of America in Congress assemhled^

^^' '^^^^'^

of the
National Arthritis 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