§2508. Application with respect to Indian Self-Determination and Education Assistance Act

(a) Certain provisions to apply to grants

All provisions of sections 5, 6, 7, 104, 105(f),¹ 106(f), 109, and 111 of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450c, 450d, 450e, 450i, 450j(f), 450j–1(f), 450m, 450n], except those provisions relating to indirect costs and length of contract, shall apply to grants provided under this chapter.

(b) Election for grant in lieu of contract

(1) 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 April 28, 1988, 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) Any election made under paragraph (1) shall take effect on the later of-

(A) October 1 of the fiscal year succeeding the fiscal year in which such election is made, or

(B) the date that is 60 days after the date of such election.

(3) In any case in which the 60-day period referred to in paragraph (2)(B) is less than 60 days before the beginning of the succeeding fiscal year, such election shall not take effect until the fiscal year after the fiscal year succeeding the election. For fiscal year 1989, the Secretary may waive this paragraph for elections received prior to September 30, 1988.

(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 service if a grant has been made under this chapter to pay such expenses.

(d) Transfers and carryovers

(1) A tribe or tribal organization assuming the operation of 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.).

(2) A tribe or tribal organization assuming the operation of a contract school with assistance under this chapter shall be entitled to the transfer or use of the 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 (25 U.S.C. 450 et seq.).

(3) 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 than 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.

(e) Exceptions, problems, and disputes

Any exception or problem cited in an audit conducted pursuant to section 2506(b)(2) 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 1128A ¹ of the Education Amendments of 1978 shall be handled under the provisions governing such exceptions, problems, or disputes in the case of contracts under the Indian Self-Determination and Education Assistance Act of 1975 (Public Law 93–658;² 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.

( Pub. L. 100–297, title V, §5209, Apr. 28, 1988, 102 Stat. 394 ; Pub. L. 100–427, §14, Sept. 9, 1988, 102 Stat. 1609 ; Pub. L. 101–301, §5(b), May 24, 1990, 104 Stat. 207 ; Pub. L. 103–382, title III, §382(d), (e), Oct. 20, 1994, 108 Stat. 4017 , 4018.)

References in Text

The Indian Self-Determination and Education Assistance Act, referred to in subsecs. (a), (b)(1), (c), (d)(1), (2), and (e), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203 , as amended, which is classified principally to subchapter II (§450 et seq.) of chapter 14 of this title. Section 106(f) of the Act [25 U.S.C. 450j–1(f)], was redesignated section 106(e) of the Act [25 U.S.C. 450j–1(e)] by Pub. L. 105–362, title VIII, §801(g)(2), Nov. 10, 1998, 112 Stat. 3288 . For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables.

Section 1128A of the Education Amendments of 1978, referred to in subsec. (e), means section 1128A of Pub. L. 95–561, which was classified to section 2008A of this title, prior to the general amendment of chapter 22 (§2001 et seq.) of this title by Pub. L. 103–382, title III, §381, Oct. 20, 1994, 108 Stat. 3979 . Pub. L. 103–382 enacted a new section 1128 of Pub. L. 95–561, relating to administrative cost grants, which is classified to section 2008 of this title.

The Equal Access to Justice Act, referred to in subsec. (e), is title II of Pub. L. 96–481, Oct. 21, 1980, 94 Stat. 2325 , as amended. For complete classification of this Act to the Code, see Short Title note set out under section 504 of Title 5, Government Organization and Employees, and Tables.

Amendments

1994-Subsec. (a). Pub. L. 103–382, §382(d), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "All provisions of sections 5, 6, 7, 104, 109, and 110 of the Indian Self-Determination and Education Assistance Act except those provisions pertaining to indirect costs and length of contract, shall apply to grants provided under this chapter."

Subsec. (e). Pub. L. 103–382, §382(e)(2), (3), substituted "an administrative cost grant" for "the amount of, or payment of, the administrative grant" and inserted at end "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."

Pub. L. 103–382, §382(e)(1), which directed substitution of "a grant authorized to be made pursuant to this chapter or any amendment to such grant," for "the amount of a grant under section 2504 of this title (and the amount of any funds referred to in that section), and payments to be made under section 2507 of this title,", was executed by making the substitution in text which contained the words "any payments" rather than "and payments" to reflect the probable intent of Congress.

1990-Subsec. (a). Pub. L. 101–301 substituted "104" for "105".

1988-Subsec. (b)(3). Pub. L. 100–427, §14(1), added par. (3).

Subsecs. (d), (e). Pub. L. 100–427, §14(2), added subsecs. (d) and (e).

Elections Conveyed to Secretary Prior to August 1, 1988

Any election under subsec. (b)(1) of this section conveyed to the Secretary prior to Aug. 1, 1988, effective for the fiscal year beginning on October 1, 1988, and thereafter, see section 6303(b)(8) of Pub. L. 100–297, set out as an Effective Date of 1988 Amendment note under section 1071 of Title 20, Education.

Section Referred to in Other Sections

This section is referred to in sections 2504, 2506 of this title.

¹ See References in Text note below.

² So in original. Probably should be Public Law "93–638;".