(a) Certain provisions to apply to grants The following provisions of the Indian Self-Determination and Education Assistance Act [
25 U.S.C.
450 et seq.] (and any subsequent revisions thereto or renumbering thereof), shall apply to grants provided under this chapter:
(1) Section
5 (f) [
25 U.S.C.
450c (f)] (relating to single agency audit).
(2) Section
6 [
25 U.S.C.
450d] (relating to criminal activities; penalties).
(3) Section
7 [
25 U.S.C.
450e] (relating to wage and labor standards).
(4) Section
104 [
25 U.S.C.
450i] (relating to retention of Federal employee coverage).
(6) Section
105 (k) [
25 U.S.C.
450j (k)] (relating to access to Federal sources of supply).
(7) Section
105 (l) [
25 U.S.C.
450j (l)] (relating to lease of facility used for administration and delivery of services).
(8) Section
106 (f) [
25 U.S.C.
450j–1 (f)] (relating to limitation on remedies relating to cost allowances).
(9) Section
106 (j) [
25 U.S.C.
450j–1 (j)] (relating to use of funds for matching or cost participation requirements).
(11) Section
108 (c) [
25 U.S.C.
450l (c)] (Model Agreements provisions (1)(a)(5)
(relating to limitations of costs), (1)(a)(7)
(relating to records and monitoring), (1)(a)(8)
(relating to property), and (a)(1)(9)
(relating to availability of funds).
(12) Section
109 [
25 U.S.C.
450m] (relating to reassumption).
(13) Section
111 [
25 U.S.C.
450n] (relating to sovereign immunity and trusteeship rights unaffected).
(b) Election for grant in lieu of contract
(1) In general 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 January 8, 2002, 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) Effective date of election
Any election made under paragraph (1) shall take effect on the first day of July immediately following the date of such election.
(3) Exception
In any case in which the first day of July immediately following the date of an election under paragraph (1) is less than 60 days after such election, such election shall not take effect until the first day of July of year following the year in which the election is made.
(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 services if a grant has been made under this chapter to pay such expenses.
(d) Transfers and carryovers
(1) Buildings, equipment, supplies, materials A tribe or tribal organization assuming the operation of
(A) 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.]; or
(B) a contract
school with assistance under this chapter shall be entitled to the transfer or use of 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.
(2) Funds 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 that
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.
(3) Funding for school improvement Any tribe or tribal organization that assumes operation of a Bureau
school or a contract
school with assistance under this chapter shall be eligible for funding for the improvement, alteration, replacement, and repair of facilities to the same extent as a Bureau
school.
(e) Exceptions, problems, and disputes Any exception or problem cited in an audit conducted pursuant to section
2505 (b)(1) 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
2008 of this title shall be administered under the provisions governing such exceptions, problems, or disputes in the case of contracts under the Indian Self-Determination and Education Assistance Act [
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.
