25 U.S.C. § 1655

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 1655 - Evaluations; renewals
(a) Contract compliance and performance

The Secretary, through the Service, shall develop procedures to evaluate compliance with grant requirements under this subchapter and compliance with, and performance of contracts entered into by urban Indian organizations under this subchapter. Such procedures shall include provisions for carrying out the requirements of this section.

(b) Annual onsite evaluation

The Secretary, through the Service, shall conduct an annual onsite evaluation of each urban Indian organization which has entered into a contract or received a grant under section 1653 of this title for purposes of determining the compliance of such organization with, and evaluating the performance of such organization under, such contract or the terms of such grant.

(c) Noncompliance or unsatisfactory performance

If, as a result of the evaluations conducted under this section, the Secretary determines that an urban Indian organization has not complied with the requirements of a grant or complied with or satisfactorily performed a contract under section 1653 of this title, the Secretary shall, prior to renewing such contract or grant, attempt to resolve with such organization the areas of noncompliance or unsatisfactory performance and modify such contract or grant to prevent future occurrences of such noncompliance or unsatisfactory performance. If the Secretary determines that such noncompliance or unsatisfactory performance cannot be resolved and prevented in the future, the Secretary shall not renew such contract or grant with such organization and is authorized to enter into a contract or make a grant under section 1653 of this title with another urban Indian organization which is situated in the same urban center as the urban Indian organization whose contract or grant is not renewed under this section.

(d) Contract and grant renewals

In determining whether to renew a contract or grant with an urban Indian organization under section 1653 of this title which has completed performance of a contract or grant under section 1654 of this title, the Secretary shall review the records of the urban Indian organization, the reports submitted under section 1657 of this title, and, in the case of a renewal of a contract or grant under section 1653 of this title, shall consider the results of the onsite evaluations conducted under subsection (b).

25 U.S.C. § 1655

Pub. L. 94-437, title V, §505, as added Pub. L. 100-713, title V, §501, Nov. 23, 1988, 102 Stat. 4822; amended Pub. L. 102-573, title V, §501(b)(3), Oct. 29, 1992, 106 Stat. 4568.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 1655, Pub. L. 94-437, title V, §505, Sept. 30, 1976, 90 Stat. 1412; Pub. L. 96-537, §7, Dec. 17, 1980, 94 Stat. 3179, related to reports by urban Indian organizations and rural Indian organizations to Secretary, contents, audit of reports and records, prior to the general revision of this subchapter by Pub. L. 100-713.

AMENDMENTS1992- Pub. L. 102-573, §501(b)(3)(E), substituted "renewals" for "contract renewals" in section catchline.Subsec. (a). Pub. L. 102-573, §501(b)(3)(A), inserted "compliance with grant requirements under this subchapter and" before "compliance with, and".Subsec. (b). Pub. L. 102-573, §501(b)(3)(B), inserted "or received a grant" after "entered into a contract" and "or the terms of such grant" before period at end.Subsec. (c). Pub. L. 102-573, §501(b)(3)(C), inserted "the requirements of a grant or complied with" after "has not complied with", "or grant" after "such contract" wherever appearing, "or make a grant" after "enter into a contract", and "or grant" after "whose contract".Subsec. (d). Pub. L. 102-573, §501(b)(3)(D), inserted "or grant" after "a contract" wherever appearing.

Service
The term "Service" means the Indian Health Service.
Urban Indian organization
The term "Urban Indian organization" means a nonprofit corporate body situated in an urban center, governed by an urban Indian controlled board of directors, and providing for the maximum participation of all interested Indian groups and individuals, which body is capable of legally cooperating with other public and private entities for the purpose of performing the activities described in section 1653(a) of this title.1 See References in Text note below.2 So in original. Probably should be followed by a dash.3 So in original. The comma probably should not appear.
Urban Indian
The term "Urban Indian" means any individual who resides in an urban center, as defined in subsection (g) hereof,1 and who meets one or more of the four criteria in subsection (c)(1) through (4) of this section.1
Urban center
The term "Urban center" means any community which has a sufficient urban Indian population with unmet health needs to warrant assistance under subchapter IV, as determined by the Secretary.