25 U.S. Code § 450m–1 - Contract disputes and claims
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(a)
Civil actions; concurrent jurisdiction; relief
The United States district courts shall have original jurisdiction over any civil action or claim against the appropriate Secretary arising under this subchapter and, subject to the provisions of subsection (d) of this section and concurrent with the United States Court of Claims, over any civil action or claim against the Secretary for money damages arising under contracts authorized by this subchapter. In an action brought under this paragraph, the district courts may order appropriate relief including money damages, injunctive relief against any action by an officer of the United States or any agency thereof contrary to this subchapter or regulations promulgated thereunder, or mandamus to compel an officer or employee of the United States, or any agency thereof, to perform a duty provided under this subchapter or regulations promulgated hereunder (including immediate injunctive relief to reverse a declination finding under section
450f
(a)(2) of this title or to compel the Secretary to award and fund an approved self-determination contract).
(b)
Revision of contracts
The Secretary shall not revise or amend a self-determination contract with a tribal organization without the tribal organization’s consent.
(c)
Application of laws to administrative appeals
The Equal Access to Justice Act (Publc
[1]
Law 96–481, Act of October 1,
[1]
1980; 92
[1]
Stat. 2325, as amended), section
504 of title
5, and section
2412 of title
28 shall apply to administrative appeals pending on or filed after October 5, 1988, by tribal organizations regarding self-determination contracts.
(e)
Application of subsection (d)
Subsection (d) of this section shall apply to any case pending or commenced on or after March 17, 1986, before the Boards of Contract Appeals of the Department of the Interior or the Department of Health and Human Services
[2]
except that in any such cases finally disposed of before October 5, 1988, the thirty-day period referred to in section
504
(a)(2) of title
5 shall be deemed to commence on October 5, 1988.
[1] So in original. Probably should be “Public”, “21,”, and “94”, respectively.
[2] See References in Text note below.
Source
(Pub. L. 93–638, title I, § 110, as added Pub. L. 100–472, title II, § 206(a),Oct. 5, 1988, 102 Stat. 2294; amended Pub. L. 100–581, title II, § 212,Nov. 1, 1988, 102 Stat. 2941; Pub. L. 101–301, §§ 1(a)(2),
2
(b),May 24, 1990, 104 Stat. 206, 207; Pub. L. 103–413, title I, § 104(2), (3),Oct. 25, 1994, 108 Stat. 4268.)
References in Text
The Equal Access to Justice Act, referred to in subsec. (c), is Pub. L. 96–481, title II, Oct. 21, 1980, 94 Stat. 2325. For complete classification of this Act to the Code, see Short Title note set out under section
504 of Title
5, Government Organization and Employees, and Tables.
The Interior Board of Contract Appeals established pursuant to section 8 of such Act (41 U.S.C. 607), referred to in subsec. (d), terminated effective 1 year after Jan. 6, 2006, pursuant to section 847(g) ofPub. L. 109–163, set out as an Effective Date of 2006 Amendment note under section
5372a of Title
5, Government Organization and Employees. Any reference to such Board to be treated as referring to the Civilian Board of Contract Appeals pursuant to Pub. L. 109–163, div. A, title VIII, § 847(e),Jan. 6, 2006, 119 Stat. 3394, formerly set out in a note under section 607 of former Title 41, Public Contracts. The Civilian Board of Contract Appeals was established by section 42 ofPub. L. 93–400which was classified to section 438 of former Title 41 prior to being repealed and restated as section
7105
(b) of Title
41, Public Contracts, by Pub. L. 111–350, §§ 3,
7
(b),Jan. 4, 2011, 124 Stat. 3677, 3855.
The Boards of Contract Appeals of the Department of the Interior or the Department of Health and Human Services, referred to in subsec. (e), terminated effective 1 year after Jan. 6, 2006, pursuant to section 847(g) ofPub. L. 109–163, set out as an Effective Date of 2006 Amendment note under section
5372a of Title
5, Government Organization and Employees. Any reference to such Boards to be treated as referring to the Civilian Board of Contract Appeals pursuant to Pub. L. 109–163, div. A, title VIII, § 847(e),Jan. 6, 2006, 119 Stat. 3394, formerly set out in a note under section 607 of former Title 41, Public Contracts. The Civilian Board of Contract Appeals was established by section 42 ofPub. L. 93–400which was classified to section 438 of former Title 41 prior to being repealed and restated as section
7105
(b) of Title
41, Public Contracts, by Pub. L. 111–350, §§ 3,
7
(b),Jan. 4, 2011, 124 Stat. 3677, 3855.
October 5, 1988, referred to in subsec. (e), was in the original “the date of enactment of these amendments” and “the date of enactment of this subsection”, meaning the date of enactment of the Indian Self-Determination and Education Assistance Act Amendments of 1988, Pub. L. 100–472, which enacted this section.
Codification
In subsec. (d), “Chapter 71 of title
41” substituted for “The Contract Disputes Act (Public Law 95–563, Act of November 1, 1978; 92 Stat. 2383, as amended)” on authority of Pub. L. 111–350, § 6(c),Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Prior Provisions
A prior section 110 ofPub. L. 93–638was renumbered section
111 by Pub. L. 100–472and is classified to section
450n of this title.
Amendments
1994—Subsec. (a). Pub. L. 103–413, § 104(2), inserted before period at end “(including immediate injunctive relief to reverse a declination finding under section
450f
(a)(2) of this title or to compel the Secretary to award and fund an approved self-determination contract)”.
Subsec. (d). Pub. L. 103–413, § 104(3), inserted before period at end “, except that all administrative appeals relating to such contracts shall be heard by the Interior Board of Contract Appeals established pursuant to section 8 of such Act (41 U.S.C. 607)”.
1990—Subsec. (a). Pub. L. 101–301, § 1(a)(2), made technical correction to directory language of Pub. L. 100–581, § 212(a). See 1988 Amendment note below.
Subsec. (b). Pub. L. 101–301, § 2(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Unless otherwise agreed to by the resolution of tribal organization, the Secretary shall not revise or amend a self-determination contract with such tribal organization.”
Subsec. (c). Pub. L. 101–301, § 1(a)(2), made technical correction to directory language of Pub. L. 100–581, § 212(c). See 1988 Amendment note below.
1988—Subsec. (a). Pub. L. 100–581, § 212(a), as amended by Pub. L. 101–301, § 1(a)(2), substituted “over any civil action” for “over civil action” after “Court of Claims,”.
Subsec. (b). Pub. L. 100–581, § 212(b), substituted “of tribal organization” for “of an Indian tribe” and “such tribal organization” for “such tribe”.
Subsec. (c). Pub. L. 100–581, § 212(c), as amended by Pub. L. 101–301, § 1(a)(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Equal Access to Justice Act (Public Law 96–481, Act of October 1 [21], 1980; 94 Stat. 2325, as amended) shall apply to administrative appeals by tribal organizations regarding self-determination contracts.”
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