Civil actions; concurrent jurisdiction; relief
section 5321(a)(2) of this titleThe United States district courts shall have original jurisdiction over any civil action or claim against the appropriate Secretary arising under this chapter and, subject to the provisions of subsection (d) of this section and concurrent with the United States Court of Claims, over any civil action or claim against the Secretary for money damages arising under contracts authorized by this chapter. 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 chapter 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 chapter or regulations promulgated hereunder (including immediate injunctive relief to reverse a declination finding under or to compel the Secretary to award and fund an approved self-determination contract).
Revision of contracts
The Secretary shall not revise or amend a self-determination contract with a tribal organization without the tribal organization’s consent.
Application of laws to administrative appeals
1
Application of chapter 71 of title 41
41 U.S.C. 6072
Application of subsection (d)
2section 504(a)(2) of title 5Subsection (d) of this section shall apply to any case pending or commenced on or after , 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 thirty-day period referred to in shall be deemed to commence on .
Pub. L. 93–638, title I, § 110Pub. L. 100–472, title II, § 206(a)102 Stat. 2294Pub. L. 100–581, title II, § 212102 Stat. 2941Pub. L. 101–301104 Stat. 206Pub. L. 103–413, title I, § 104(2)108 Stat. 4268(, as added , , ; amended , , ; , §§ 1(a)(2), 2(b), , , 207; , (3), , .)
Editorial Notes
References in Text
Pub. L. 93–63888 Stat. 2203section 5301 of this titleThis chapter, referred to in subsec. (a), was in the original “this Act”, meaning , , , known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 96–481, title II94 Stat. 2325section 504 of Title 5The Equal Access to Justice Act, referred to in subsec. (c), is , , . For complete classification of this Act to the Code, see Short Title note set out under , Government Organization and Employees, and Tables.
41 U.S.C. 607section 847(g) of Pub. L. 109–163section 5372a of Title 5Pub. L. 109–163, div. A, title VIII, § 847(e)119 Stat. 3394section 42 of Pub. L. 93–400section 7105(b) of Title 41Pub. L. 111–350124 Stat. 3677The Interior Board of Contract Appeals established pursuant to section 8 of such Act (), referred to in subsec. (d), terminated effective 1 year after , pursuant to , set out as an Effective Date of 2006 Amendment note under , Government Organization and Employees. Any reference to such Board to be treated as referring to the Civilian Board of Contract Appeals pursuant to , , , formerly set out in a note under section 607 of former Title 41, Public Contracts. The Civilian Board of Contract Appeals was established by which was classified to section 438 of former Title 41 prior to being repealed and restated as , Public Contracts, by , §§ 3, 7(b), , , 3855.
section 847(g) of Pub. L. 109–163section 5372a of Title 5Pub. L. 109–163, div. A, title VIII, § 847(e)119 Stat. 3394section 42 of Pub. L. 93–400section 7105(b) of Title 41Pub. L. 111–350124 Stat. 3677The Boards of Contract Appeals of the Department of the Interior or the Department of Health and Human Services, referred to in subsec. (e), terminated effective 1 year after , pursuant to , set out as an Effective Date of 2006 Amendment note under , Government Organization and Employees. Any reference to such Boards to be treated as referring to the Civilian Board of Contract Appeals pursuant to , , , formerly set out in a note under section 607 of former Title 41, Public Contracts. The Civilian Board of Contract Appeals was established by which was classified to section 438 of former Title 41 prior to being repealed and restated as , Public Contracts, by , §§ 3, 7(b), , , 3855.
Pub. L. 100–472, referred to in subsec. (e), was in the original “the date of enactment of these amendments” and “the date of enactment of this subsection”, meaning the date of enactment of the Indian Self-Determination and Education Assistance Act Amendments of 1988, , which enacted this section.
Codification
section 450m–1 of this titleSection was formerly classified to prior to editorial reclassification and renumbering as this section.
Public Law 95–56392 Stat. 2383Pub. L. 111–350, § 6(c)124 Stat. 3854In subsec. (d), “Chapter 71 of title 41” substituted for “The Contract Disputes Act (, Act of ; , as amended)” on authority of , , , which Act enacted Title 41, Public Contracts.
Prior Provisions
section 110 of Pub. L. 93–638Pub. L. 100–472section 5332 of this titleA prior was renumbered section 111 by and is classified to .
Amendments
Pub. L. 103–413, § 104(2)section 5321(a)(2) of this title1994—Subsec. (a). , inserted before period at end “(including immediate injunctive relief to reverse a declination finding under or to compel the Secretary to award and fund an approved self-determination contract)”.
Pub. L. 103–413, § 104(3)41 U.S.C. 607Subsec. (d). , inserted before period at end “, except that all administrative appeals relating to such contracts shall be heard by the Interior Board of Contract Appeals established pursuant to section 8 of such Act ()”.
Pub. L. 101–301, § 1(a)(2)Pub. L. 100–581, § 212(a)1990—Subsec. (a). , made technical correction to directory language of . See 1988 Amendment note below.
Pub. L. 101–301, § 2(b)Subsec. (b). , amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Unless otherwise agreed to by the resolution of tribal organization, the Secretary shall not revise or amend a self-determination contract with such tribal organization.”
Pub. L. 101–301, § 1(a)(2)Pub. L. 100–581, § 212(c)Subsec. (c). , made technical correction to directory language of . See 1988 Amendment note below.
Pub. L. 100–581, § 212(a)Pub. L. 101–301, § 1(a)(2)1988—Subsec. (a). , as amended by , substituted “over any civil action” for “over civil action” after “Court of Claims,”.
Pub. L. 100–581, § 212(b)Subsec. (b). , substituted “of tribal organization” for “of an Indian tribe” and “such tribal organization” for “such tribe”.
Pub. L. 100–581, § 212(c)Pub. L. 101–301, § 1(a)(2)Public Law 96–48194 Stat. 2325Subsec. (c). , as amended by , amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Equal Access to Justice Act (, Act of October 1 [21], 1980; , as amended) shall apply to administrative appeals by tribal organizations regarding self-determination contracts.”