Page:United States Statutes at Large Volume 102 Part 3.djvu/336

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2288

PUBLIC LAW 100-472—OCT. 5, 1988

amounts made available to a tribal organization under a self-determination contract, if the funds are to be expended in the succeeding fiscal year for the purpose for which they were originally appropriated, contracted or granted, or for which they are authorized to be used pursuant to the provisions of section 106(a)(3), no additional justification or documentation of such purposes need be provided by the tribal organization to the Secretary as a condition of receiving or expending such funds.". TITLE n—INDIAN SELF-DETERMINATION ACT AMENDMENTS SEC. 201, SELF-DETERMINATION CONTRACTS.

25 USC 450f.

(a) Section 102 of the Indian Self-Determination Act is amended to read as follows: "SEC. 102. (a)(1) The Secretary is directed, upon the request of any Indian tribe by tribal resolution, to enter into a self-determination contract or contracts with a tribal organization to plan, conduct, and administer programs or portions thereof, including construction prc^rams— "(A) provided for in the Act of April 16, 1934 (48 S t a t 596), as amended; "(B) which the Secretary is authorized to administer for the benefit of Indians under the Act of November 2, 1921 (42 Stat. 208), and any Act subsequent thereto; "(C) provided by the Secretary of Health and Human Services under the Act of August 5, 1954 (68 Stat. 674), as amended; "(D) administered by the Secretary for the benefit of Indians for which appropriations are made to agencies other than the Department of Health and Human Services or the Department of the Interior; and "(E) for the benefit of Indians because of their status as Indians without r ^ a r d to the agency or office of the Department of Health and Human Services or the Department of the Interior within which it is performed. "(2) If so authorized by an Indian tribe under paragraph (1) of this subsection, a tribal organization may submit a proposal for a selfdetermination contract to the Secretary for review. The Secretary shall, within ninety days after receipt of the proposal, approve the proposal unless, within sixty days of receipt of the proposal, a specific finding is made that— "(A) the service to be rendered to the Indian beneficiaries of the particidar program or function to be contracted will not be satisfactory; "(B) adequate protection of trust resources is not assured; or "(C) the prop<^ed project or function to be contracted for cannot be properly completed or maintained by the proposed contract. "(3) Upon the request of a tribal organization that operates two or more mature self-determination contracts, those contracts may be consolidated into one single contract. "(b) Whenever the Secretary declines to enter into a self-determination contract or contracts pursuant to subsection (a) of this section, the Secretary shall— "(1) state any objections in writing to the tribal organization.