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Code · U.S. Code · Title 25 - INDIANS · CHAPTER 46— INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE · SUBCHAPTER I— INDIAN SELF-DETERMINATION · § 5330

§ 5330. 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

1,023 words·~5 min read·/usc/title-25/section-5330

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Each contract or grant agreement entered into pursuant to sections 5321 and 5322 1 of this title 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. 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, as amended [29 U.S.C. 651 et seq.].
(Pub. L. 93–638, title I, § 109, Jan. 4, 1975, 88 Stat. 2212; Pub. L. 100–581, title II, § 211, Nov. 1, 1988, 102 Stat. 2941; Pub. L. 101–301, § 2(a)(10), May 24, 1990, 104 Stat. 207; Pub. L. 103–413, title I, § 104(1), Oct. 25, 1994, 108 Stat. 4268.)
Connections8 cite this · traces to 2
20 references not yet in our index
  • 1
  • Pub. L. 93–638, title I, § 109
  • 88 Stat. 2212
  • Pub. L. 100–581, title II, § 211
  • 102 Stat. 2941
  • Pub. L. 101–301, § 2(a)(10)
  • 104 Stat. 207
  • Pub. L. 103–413, title I, § 104(1)
  • 108 Stat. 4268
  • Pub. L. 91–596
  • 84 Stat. 1590
  • Pub. L. 93–638
  • section 104 of Pub. L. 93–638
  • section 103(c) of Pub. L. 93–638
  • section 103 of Pub. L. 93–638
  • Pub. L. 100–472, title II
  • 102 Stat. 2289
  • Pub. L. 103–413
  • Pub. L. 101–301
  • Pub. L. 100–581
Citation graph
cites case law
§ 5330
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
Fed. Reg.×5
U.S.C.×2
Stat. Comp.×1
U.S.C.§ 651
U.S.C.§ 450m
Cite1
Pub. L.Pub. L. 93–638, title I, § 109
Stat.88 Stat. 2212
Pub. L.Pub. L. 100–581, title II, § 211
Stat.102 Stat. 2941
Cites 22 · showing 7Cited by 8 across 3 sources
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