Page:United States Statutes at Large Volume 102 Part 3.djvu/343

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-472—OCT. 5, 1988

102 STAT. 2295

"SEC. 110. (a) The United States district courts shall have original jurisdiction over any civil action or claim against the appropriate Secretary arising under this Act and, subject to the provisions of subsection (d) of this section and concurrent with the United States Court of Claims, over civil action or claim against the Secretary for money damages arising under contracts authorized by this Act. 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 Act 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 Act or regulations promulgated hereunder. (b) Unless otherwise agreed to by the resolution of an Indian tribe, the Secretary shall not revise or amend a self-determination contract with such tribe. "(c) The Equal Access to Justice Act (Public Law 96-481, Act of October 1, 1980; 94 Stat. 2325, as amended) shall apply to administrative appeals by tribal organizations regarding self-determination coiii/rd.cijs "(d) The Contract Disputes Act (Public Law 95-563, Act of November 1, 1978; 92 Stat. 2383, as amended) shall apply to self-determination contracts. "(e) 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 except that in any such cases finally disposed of before the date of enactment of these amendments, the thirty-day period referred to in section 504(a)(2) of title 5, United States Code, shall be deemed to commence on the date of enactment of this subsection."; and (b) by redesignating existing section 110 as section 111.

Courts, U.S. S^^JSJ 45A 1 ™ ~

Effective date.

25 USC 450n.

SEC. 207. PROMULGATION OF RULES AND REGULATIONS.

(a) Section 107(a) of the Indian Self-Determination Act is amended 25 USC 450k. by(1) striking the phrase "Health, Education, and Welfare" and inserting, in lieu thereof, the phrase "Health and Human Services"; and (2) striking the period at the end thereof and inserting, in lieu thereof, a colon and the following: "Provided, however, That all Grants. Federal requirements for self-determination contracts and grants under this Act shall be promulgated as regulations in conformity with sections 552 and 553 of title 5, United States Code.". (b) Section 107(b) of the Indian Self-Determination Act is amended to read as follows: "(b)(1) Within three monthsfi:x)mthe date of enactment of the Indian Self-Determination and Education Assistance Act Amendments of 1988, the Secretary shall consider and formulate appropriate r^ulations to implement the provisions of this Act, with the participation of Indian tribes. Such proposed regulations shall con- Grants. tain all Federal requirements applicable to self-determination contracts and grants under this Act. "(2) Within six months from the date of enactment of the Indian Self-Determination and Education Assistance Act Amendments of 1988, the Secretary shall present the proposed regulations to the