25 U.S.C. § 2507 : US Code - Section 2507: Application with respect to Indian Self-Determination and Education Assistance Act

Search 25 U.S.C. § 2507 : US Code - Section 2507: Application with respect to Indian Self-Determination and Education Assistance Act

(a) Certain provisions to apply to grants
The following provisions of the Indian Self-Determination and
Education Assistance Act [25 U.S.C. 450 et seq.] (and any
subsequent revisions thereto or renumbering thereof), shall apply
to grants provided under this chapter:
(1) Section 5(f) [25 U.S.C. 450c(f)] (relating to single agency
audit).
(2) Section 6 [25 U.S.C. 450d] (relating to criminal
activities; penalties).
(3) Section 7 [25 U.S.C. 450e] (relating to wage and labor
standards).
(4) Section 104 [25 U.S.C. 450i] (relating to retention of
Federal employee coverage).
(5) Section 105(f) [25 U.S.C. 450j(f)] (relating to Federal
property).
(6) Section 105(k) [25 U.S.C. 450j(k)] (relating to access to
Federal sources of supply).
(7) Section 105(l) [25 U.S.C. 450j(l)] (relating to lease of
facility used for administration and delivery of services).
(8) Section 106(f) [25 U.S.C. 450j-1(f)] (relating to
limitation on remedies relating to cost allowances).
(9) Section 106(j) [25 U.S.C. 450j-1(j)] (relating to use of
funds for matching or cost participation requirements).
(10) Section 106(k) [25 U.S.C. 450j-1(k)] (relating to
allowable uses of funds).
(11) Section 108(c) [25 U.S.C. 450l(c)] (Model Agreements
provisions (1)(a)(5) (!1) (relating to limitations of costs),
(1)(a)(7) (!2) (relating to records and monitoring), (1)(a)(8)
(!3) (relating to property), and (a)(1)(9) (!4) (relating to
availability of funds).(!5)
(12) Section 109 [25 U.S.C. 450m] (relating to reassumption).
(13) Section 111 [25 U.S.C. 450n] (relating to sovereign
immunity and trusteeship rights unaffected).
(b) Election for grant in lieu of contract
(1) In general
Contractors for activities to which this chapter applies who
have entered into a contract under the Indian Self-Determination
and Education Assistance Act [25 U.S.C. 450 et seq.] that is in
effect on January 8, 2002, may, by giving notice to the
Secretary, elect to have the provisions of this chapter apply to
such activity in lieu of such contract.
(2) Effective date of election
Any election made under paragraph (1) shall take effect on the
first day of July immediately following the date of such
election.
(3) Exception
In any case in which the first day of July immediately
following the date of an election under paragraph (1) is less
than 60 days after such election, such election shall not take
effect until the first day of July of (!6) year following the
year in which the election is made.
(c) No duplication
No funds may be provided under any contract entered into under
the Indian Self-Determination and Education Assistance Act [25
U.S.C. 450 et seq.] to pay any expenses incurred in providing any
program or services if a grant has been made under this chapter to
pay such expenses.
(d) Transfers and carryovers
(1) Buildings, equipment, supplies, materials
A tribe or tribal organization assuming the operation of -
(A) a Bureau school with assistance under this chapter shall
be entitled to the transfer or use of buildings, equipment,
supplies, and materials to the same extent as if it were
contracting under the Indian Self-Determination and Education
Assistance Act [25 U.S.C. 450 et seq.]; or
(B) a contract school with assistance under this chapter
shall be entitled to the transfer or use of buildings,
equipment, supplies, and materials that were used in the
operation of the contract school to the same extent as if it
were contracting under the Indian Self-Determination and
Education Assistance Act.
(2) Funds
Any tribe or tribal organization which assumes operation of a
Bureau school with assistance under this chapter and any tribe or
tribal organization which elects to operate a school with
assistance under this chapter rather that (!7) to continue as a
contract school shall be entitled to any funds which would
carryover from the previous fiscal year as if such school were
operated as a contract school.
(3) Funding for school improvement
Any tribe or tribal organization that assumes operation of a
Bureau school or a contract school with assistance under this
chapter shall be eligible for funding for the improvement,
alteration, replacement, and repair of facilities to the same
extent as a Bureau school.
(e) Exceptions, problems, and disputes
Any exception or problem cited in an audit conducted pursuant to
section 2505(b)(1) of this title, any dispute regarding a grant
authorized to be made pursuant to this chapter or any amendment to
such grant, and any dispute involving an administrative cost grant
under section 2008 of this title shall be administered under the
provisions governing such exceptions, problems, or disputes in the
case of contracts under the Indian Self-Determination and Education
Assistance Act [25 U.S.C. 450 et seq.]. The Equal Access to Justice
Act shall apply to administrative appeals filed after September 8,
1988, by grantees regarding a grant under this chapter, including
an administrative cost grant.