of this title, referred to in text, was in the original “sections 103 and 104 of this Act”, meaning sections 103 and 104 ofPub. L. 93–638
, the Indian Self-Determination Act. Section
and (b) and the first sentence of section 103(c) ofPub. L. 93–638
were repealed, and the remainder of section 103(c) ofPub. L. 93–638
was redesignated as section 102(d) ofPub. L. 93–638
of this title), by Pub. L. 100–472
, title II, § 201(b)(1),Oct. 5, 1988, 102 Stat. 2289
. Sections 104 and 105 ofPub. L. 93–638
were renumbered as sections
, respectively, of Pub. L. 93–638
by sections 202(a) and 203(a) ofPub. L. 100–472
, and are classified to sections
, respectively, of this title.
The Occupational Safety and Health Act of 1970, as amended, referred to in text, is Pub. L. 91–596
, Dec. 29, 1970, 84 Stat. 1590
, as amended, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section
1994—Pub. L. 103–413
inserted “or in the management of trust fund, trust lands or interests in such lands pursuant to such contract or grant agreement,” after “pursuant to such contract or grant agreement,” and “, in whole or in part,” after “rescind such contract or grant agreement”, substituted “action as prescribed by the Secretary to remedy the contract deficiency, except that the appropriate Secretary may, upon written notice to a tribal organization, and the tribe served by the tribal organization, immediately rescind a contract or grant, in whole or in part, and resume control or operation of a program, activity, function, or service, if the Secretary finds that (i) there is an immediate threat of imminent harm to the safety of any person, or imminent substantial and irreparable harm to trust funds, trust lands, or interests in such lands, and (ii) such threat arises from the failure of the contractor to fulfill the requirements of the contract. In such cases, the Secretary” for “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”, struck out second period after “the tribal organization may approve”, and inserted before last sentence “In any hearing or appeal provided for under this section, the Secretary shall have the burden of proof to establish, by clearly demonstrating the validity of the grounds for rescinding, assuming, or reassuming the contract that is the subject of the hearing.”
1990—Pub. L. 101–301
substituted “providing notice and a hearing” for “providing notice and hearing”.
1988—Pub. L. 100–581
inserted “on the record” after “providing notice and hearing”.
Pub. L. 100–581
which directed amendment of this section by substituting “in such cases, he shall provide the tribal organization with a hearing on the record within ten days or such later date as the tribal organization may approve.” for “in such cases, he shall hold a hearing within ten days thereof” was executed by substituting the new language for “in such cases, he shall hold a hearing on such action within ten days thereof” to reflect the probable intent of Congress.