legislation: 103-s-2036
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 103-s-2036 | 103 | s | 2036 | Indian Self-Determination Contract Reform Act of 1994 | Native Americans | 1994-04-20 | 1994-12-06 | Referred to the Subcommittee on Native American Affairs. | Senate | Sen. McCain, John [R-AZ] | AZ | R | M000303 | 1 | Indian Self-Determination Contract Reform Act of 1994 - Amends the Indian Self-Determination and Education Assistance Act (Act) with respect to self-determination contracts to define "construction contract" for purposes of such Act. Reduces tribal contractor reporting requirements. Recognizes tribal preference contract terms. Provides for approval of any severable portion of a contract proposal which does not support a declination funding. Permits tribal access to Federal court review of a decision to decline a contract proposal in lieu of first pursuing an administrative remedy. Specifies that certain Federal procurement policy law and Federal acquisitions regulations shall not apply to contract, grants, and cooperative agreements under the Act except to the extent that they apply expressly to Indian tribes. Authorizes a tribe or an authorized tribal organization to request contract retrocession. 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 Department. Provides that when a self-determination contract divides a program that previously served more tribes than it will now serve, the Secretary of the Interior (Secretary) shall provide for the continuation of services to tribes not served by the contract. Authorizes tribal organizations which are carrying out self- determination contracts to redesign programs and services to best meet local needs. Allows tribal organizations and employees access to Federal executive agency travel rates. Sets forth procedures for: (1) construction contracts; and (2) employee housing rental rates for Alaska. Includes certain previously incurred or one-time start-up costs as part of the contract or of support costs, if the Secretary has been notified in advance. 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. Authorizes a 30-day suspension of funds for contract noncompliance. Requires program income earned by a tribal organization in carrying out a self-determination contract to: (1) be used to further the general purposes of the contract; and (2) 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 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. (Sec. 3) Establishes model (self-determination) contract provisions. (Sec. 4) Authorizes a contractor to seek immediate judicial review of a declination finding or to award and fund an approved contract. Directs all appeals to the Interior Board to Contract Appeals. (Sec. 5) Limits the authorities of the Secretaries of the Interior and of Health and Human Services from promulgating regulations under such Act. | 2025-06-20T19:33:16Z |