Sec. 109. Reassumption of programs
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## Sec. 109 Reassumption of programs **[**[25 U.S.C. 5330](/us/usc/t25/s5330)**]** Each contract or grant agreement entered into pursuant to sections 102, 103, and 10412 of this Act shall provide that in any case where the appropriate Secretary determines that the tribal organization's performance under such contract or grant agreement involves
(1)the violation of the rights or endangerment of the health, safety, or welfare of any persons; or
(2)gross negligence or mismanagement in the handling or use of funds provided to the tribal organization pursuant to such contract or grant agreement, or in the management of trust fund, trust lands or interests in such lands pursuant to such contract or grant agreement, such Secretary may, under regulations prescribed by him and after providing notice and a hearing on the record to such tribal organization, rescind such contract or grant agreement, in whole or in part, and assume or resume control or operation of the program, activity, or service involved if he determines that the tribal organization has not taken corrective action as prescribed by the Secretary to remedy the contract deficiency, except that the appropriate Secretary may, upon written notice to a tribal organization, and the tribe served by the tribal organization, immediately rescind a contract or grant, in whole or in part, and resume control or operation of a program, activity, function, or service, if the Secretary finds that
(i)there is an immediate threat of imminent harm to the safety of any person, or imminent substantial and irreparable harm to trust funds, trust lands, or interests in such lands, and
(ii)such threat arises from the failure of the contractor to fulfill the requirements of the contract. In such cases, the Secretary shall provide the tribal organization with a hearing on the record within ten days or such later date as the tribal organization may approve.13 Such Secretary may decline to enter into a new contract or grant agreement and retain control of such program, activity, or service until such time as he is satisfied that the violations of rights or endangerment of health, safety, or welfare which necessitated the rescission has been corrected. In any hearing or appeal provided for under this section, the Secretary shall have the burden of proof to establish, by clearly demonstrating the validity of the grounds for rescinding, assuming, or reassuming the contract that is the subject of the hearing. Nothing in this section shall be construed as contravening the Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended (29 U.S.C. 651). 12Section 103
(a)and
(b)and the first sentence of section 103(c) of the Indian Self-Determination Act were repealed, and the remainder of section 103(c) was redesignated as section 102(d) by section 201(b)(1) of P.L. 100–472, 102, Stat. 2289. Sections 104 and 105 were redesignated as sections 103 and 104 by sections 202(a) and 203(a), respectively, of P.L. 100–472. 13Section 211 of P.L. 100–581, 102 Stat. 2941 amended section 109 by striking out “in such cases, he shall hold a hearing within ten days thereof”. The text actually read “in such cases, he shall hold a hearing on such action within ten days thereof” The amendment was executed according to the probable intent of Congress.
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U.S. Code
- Rescission of contract or grant and assumption of control of program, etc.; authority; grounds; procedure; correction of violation as prerequisite to new contract or grant agreement; construction with occupational safety and health requirements§ 5330
- Congressional statement of findings and declaration of purpose and policy§ 651
statutes-at-large
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- 102 Stat. 2941
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