legislation: 102-s-3237
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| 102-s-3237 | 102 | s | 3237 | Indian Self-Determination and Education Assistance Act Amendments Act of 1992 | Native Americans | 1992-09-16 | 1992-09-29 | Placed on Senate Legislative Calendar under General Orders. Calendar No. 756. | Senate | Sen. Inouye, Daniel K. [D-HI] | HI | D | I000025 | 0 | Indian Self-Determination and Education Assistance Act Amendments Act of 1992 - Amends the Indian Self-Determination and Education Assistance Act (the Act) to define construction contract as a self-determination contract for any construction program other than a contract: (1) limited to providing architectural and engineering services, planning services, or construction management services; or (2) for the Housing Improvement Program administered by the Secretary of the Interior. Includes the Tlingit and Haida Indians of Alaska among groups recognized as Indian tribes for purposes of the Act. Reduces certain reporting requirements under the Act. Specifies that tribal organizations are exempt from Davis-Bacon Act wage requirements under the Act. Recognizes tribal laws involving employment or contract preference. Specifies that all administrative functions of the Departments of the Interior and of Health and Human Services (HHS) which support the delivery of services to Indians are contractable under the Act, including those which are related to, but not part of, the service delivery program and which are otherwise contractable. Provides that programs shall be contractable without regard to the organizational level within the Department. Revises requirements relating to review procedures and approval criteria for proposed self-determination contracts and amendments. Provides for approval of any severable portion of a contract proposal which does not support a declination finding. Places the burden of proof (in a hearing or appeal) on the appropriate Secretary (of the Interior or HHS) to establish by clear and convincing evidence that the contract proposal should be declined. Requires that the final departmental decision in all such appeals be made at a level no lower than that of the Assistant Secretary. Specifies that certain Federal procurement policy law and Federal acquisitions regulations apply to contracts, grants, and cooperative agreements under the Act only to the extent that they are not inconsistent with the provisions or policy of the Act. Specifies that a tribe may rescind its request for retrocession. Specifies that the prohibition against the appropriate Secretary's making any contract that impairs ability to carry out trust responsibilities to any Indian tribe or individual refers to contracts for the provision of personal services. Provides that: (1) title to property and equipment furnished with funds under any self-determination contract or grant agreement shall vest in the appropriate tribe or tribal organization; and (2) upon retrocession, rescission, or termination of such contract or grant title to such property having a value in excess of a specified amount, and remaining in use in support of the contracted program, shall revert to the appropriate Secretary, upon that Secretary's option. Establishes procedures for coordinating newly contracted programs with programs which are still being administered by the appropriate Secretary. Authorizes tribal organizations, which are carrying out self-determination contracts, to redesign programs, activities, functions, and services under such contracts to best meet various needs of the Indian people and tribe served. Requires program standards in such contracts to be developed by mutual agreement to maximize such flexibility while assuring adequate protection of trust resources and delivery of satisfactory services. Deems an Indian tribe or tribal organization carrying out a contract, grant, or cooperative agreement under the Act as a Federal executive agency for purposes of access to special rates (for travel, lodging, and so forth) under specified Federal law involving Federal sources of supply. Requires the appropriate Secretary to provide no less an amount for a program under contract than would otherwise have been provided for such program, without regard to organizational levels within the Department. Includes savings in operation under a cost reimbursement contract involving a construction program among the self-determination contract savings that are to be used to provide additional services or benefits under the contract or be expended in the succeeding fiscal year (by the tribal contractor, rather than reverting to the Treasury). Provides for inclusion of certain previously incurred or one-time startup costs as part of the contract or of support costs, if the Secretary has been notified in advance. Includes under accounting and reporting requirements for the appropriate Secretary's annual report to the Congress any deficiency of funds needed to provide: (1) contract support costs (as well as required indirect costs) to all contractors for the current fiscal year; and (2) satisfactory services to any tribes adversely affected by contracting activities under the Act. Requires every Federal agency to pay its full proportionate share of the indirect costs associated with federally funded contracts or grants awarded to tribes or tribal organizations under any other law. Directs the appropriate Secretary, subject to availability of appropriations, to fund shortfalls and report unfunded shortfalls to the Congress, if appropriations are insufficient for Federal agencies (other than the Departments of the Interior or HHS) or for State governments or agencies to pay their full proportionate share. Prescribes when a 365-day statute of limitations begins to run, under provisions for rights of action or other remedies (excluding criminal penalties) relating to disallowance of costs. Allows a tribal organization to use funds provided under a self-determination contract: (1) to meet matching or cost participation requirements under other Federal and non-Federal programs; and (2) without approval, to the extent supportive of a contract program, for various specified purposes. Directs the Office of Management and the Budget, within 12 months after enactment of this Act and with tribal participation, to develop a separate set of cost principles applicable to tribes and tribal organizations consistent with the government-to-government Federal-tribal relationship under this Act. Prohibits the appropriate Secretary from suspending or delaying payments to a tribal organization under a self-determination contract, except in connection with a rescission or reassumption. Specifies that program income earned by a tribal organization in carrying out a self-determination contract: (1) shall be used to further the general purposes of the contract; and (2) shall not be a basis for reducing the amount otherwise obligated under the contract. Requires the appropriate Secretary to make any savings resulting from contracting activities under the Act (which reduce Federal administrative responsibilities for Indian programs and which have not been otherwise included in the contract amount) available to tribal organizations contracting under the Act, to the extent that does not adversely affect the Secretary's ability to carry out responsibilities to other tribes and tribal organizations. Extends the appropriate Secretary's authority (to rescind immediately, upon notice, a contract or grant and resume control or operation of a program service, or activity) to cases in which the Secretary finds an imminent substantial and irreparable harm to trust resources (as well as, under current law, cases of finding an immediate threat to safety.) Requires that all administrative appeals relating to self-determination contracts be heard by the Interior Board of Contracts (but otherwise retains the applicability of the Contract Disputes Act to self-determination contracts). | 2025-06-20T19:33:16Z |