the same powers and duties as given in this section. $403.17 Programs approved by Indian Education Committee. (a) All programs contracted under this Part shall: (1) Be developed and approved in full compliance with the powers and duties of the Indian Education Committee as set out in 403.16 and as may be contained in the Committee's organizational documents and by-laws. (2) Be included as a part of the education plan provided for in 403.14. (b) No program contracted pursuant to this Part shall be changed from the time of its original approval by the Indian Education Committee to the end of the contract period without the prior approval, in writing, of the Committee. (c) Programs developed or approved by the Indian Education Committee pursuant to this Part may, at the option of such Committee, include funds for the performance of Committee duties, including the following: (1) Members' attendance at regular and special meetings, workshops and training sessions, as the Committee deems appropriate. (2) Such other reasonable expenses incurred by the Committee in performing its primary duties, including the planning, development, implementation and evaluation of the program. (d) A local school board composed of a majority of Indians and serving in place of the Indian Education Committee as prescribed in 403.15(a) shall perform all the functions that the Committee is required or authorized to perform in this section. 8403.18 Additional requirements for education plan. In addition to incorporating the programs approved by the Indian Education Committee(s) as required by 403.14(a), the education plan prepared by the prospective contractor shall: (a) Contain educational objectives which adequately address the educational needs of the Indian students to be served by the contract. (b) Incorporate the program or programs developed and approved by the Indian Education Committee(s). As provided in 403.17(b), changes in such programs must have prior written approval of the Indian Education Committee(s). (c) Contain procedures for hearing grievances from Indian students, parents, community members, and tribal representatives relating to the program(s) contracted under this Part. Such procedures shall provide for adequate advance notice of the hearing. (d) Identify established State standards which shall be maintained in operating programs and services. tracted under this Part. con (e) Describe how the State standards will be maintained. (1) Provide that the contractor shall comply in full with the requirements concerning meaningful participation by (1) Contain justification for requesting funds for operational support. The public school district must establish in its justification that it meets the requirements given in § 403.13(b). The information given should include records of receipt of local, State, and Federal funds. (j) List special programs which are or will be operated. Examples are guidance and counseling, educational aides, summer programs, tutors, Indian culture and history, and exceptional child education programs. (k) Include budget estimates and nancial information needed to determine program costs to contract for services. This includes, but is not limited to, the following: (1) State and district average operational cost per pupil. Application forms, instructions, and able from Area Directors and the Comrelated application materials are availmissioner. Use of standard application forms will facilitate processing of appli cations. However, they are not required if the information required by § 403.20 is given in the application to contract. $403.20 Content of application to con tract. this Part shall be in writing and shall number of the proposed contractor. number of the tribe(s) to be served by the contract. (c) Descriptive narrative of the contract proposal. (d) The education plan required by 403.14. (e) A separate budget outlining the Johnson-O'Malley funds for operational support and/or supplemental programs, by line item, to facilitate accountability. (1) A clear identification of what educational needs the Johnson-O'Malley funds requested for operational support will address. (2) Other sources of Federal funding the applicant is receiving, the amount received from each, the programs being funded, and the number of eligible Indian students served by such funding. §403.21 Tribal request for contract. (3) Administrative costs involved, total number of employees, and total number of Indian employees. (g) Documentation of the 'requirements for operational support in § 403.13 (b) (1). (4) Costs which parents normally are expected to pay. (5) Supplemental and operational funds outlined in a separate budget, by line item, to facilitate accountability. (6) Total number of employees for each special program and number of Indian employees for that program. (1) State the total enrollment of school or district, by age and grade level. (m) State the eligible Indian enrollment total and classification by tribal affiliation(s) and by age and grade level. (n) State the total number of school board members and number of Indian school board members. (a) An Indian tribal governing body (s) that desires that a contract be entered into with a tribal organization must so notify the Area Director no later than January 15 preceding the school year for which the contract will be let. (b) If the tribal governing body's notice is not received by the date given in paragraph (a) of this section, the Area Director may contract with the State. school district, or Indian corporation under this Part. § 403.22 Application approval officials. (a) Each Area Director is authorized to approve the contract(s) submitted by the State, school district, or Indian corporation under this Part which will provide services to Indian children within the (0) List Government equipment needed Jurisdiction of that Area Office. to carry out the contract. (p) State the period of contract term (q) Include the signature of the au- (1) Identification of problems, assess- (2) Determination and statement of program goals and behavioral objectives. (3) Selection and description of solution strategies and tools to contribute to desired changes. (4) Implementation steps for the operation of the funded program. (5) Determination of program and performance effectiveness in meeting the stated objectives. (b) When a proposed contract(s) will provide services to Indian children within the jurisdiction of more than one Area Office, the contract must be approved by the Commissioner. § 403.23 Submitting Area Office. application to When services under the proposed contract will be provided to Indian children Office, the completed application shall be within the jurisdiction of a single Area submitted to the Area Director of that Area Office. § 403.24 Area Office review and decision. Upon receiving a contract application, the Area Director shall: the application has been received. This (a) Notify the applicant in writing that notice shall be made within fourteen FEDERAL REGISTER, VOL 40, NO. 172-THURSDAY, SEPTEMBER 4, 1975 41002 (14) days after the Area Office receives the application. (b) Review the application for completeness and promptly request any additional information from the applicant which will be needed to reach a decision. (c) On receiving an application for operational support, make formal written determination and findings supporting the need for such funds. In arriving at such a determination, the Area Director must be assured that each local education agency has made a good faith effort in computing State and local contributions without regard to funds requested pursuant to this Part. (d) Assess the completed application to determine if the contract proposal is feasible and if the proposal and the application comply with the appropriate requirements of the Johnson-O'Malley Act and of the regulations in this Part. (e) Approve or disapprove the application after fully reviewing and assessing the application and any additional information submitted by the applicant. (f) Promptly notify the applicant in writing of the decision to approve or disapprove the application. If the application is disapproved, the notice will give the reasons for disapproval and the applicant's right to appeal pursuant to Part 2 of this chapter. § 403.25 Deadline for Area Office action. (a) The Area Director shall approve or disapprove an application for a contract within sixty (60) days after the Area Office receives the application, except as given in paragraph (b) of this section. The sixty (60) day deadline can be extended after obtaining the written consent of the applicant. (b) An application under this Part cannot be approved before January 15 preceding the school year for which the contract will be let. $403.26 Submitting application to Central Office. When services under the proposed contract will be provided to Indian children within the jurisdiction of two or more Area Offices, the completed application shall be submitted to the Commissioner throgh the respective Area Offices. PROPOSED RULES the eligible Indian students, except where the participation of non-eligible students is so incidental as to be de minimus. stoner must be assured that each local (e) Approve or disapprove the application after fully reviewing and assessing the application and any additional information submitted by the applicant. (f) Promptly notify the applicant in writing of the decision to approve or disapprove the application. If the application is disapproved, the notice wiH give the reasons for disapproval and the applicant's right to appeal pursuant to Part 2 of this chapter. Funds for both supplemental programs and operational support shall be apportioned among the States on a substantially equal basis, based upon the number of eligible Indian students whom funds are sought with allowances being made for the actual cost of delivering educational services in each State. Within each State, funds shall be distributed among the contractors so that Upon receiving a contract application, each contractor will receive approxi § 403.27 Central office review and decision. the Commissioner shall: (a) Notify the applicant in writing that the application has been received. This notice shall be made within fourteen (14) days after the Central Office receives the application. (b) Review the application for completeness and promptly request any additional information from the applicant which will be needed to reach a decision. (c) On receiving an application for operational support, make formal written determination and findings supporting the need for such funds. In arriving at such a determination, the Commis mately the same amount for each eligible § 403.32 Pro rata requirement. All monies provided by a contract pursuant to this Part, shall be expended only for the benefit of eligible Indian students. Where students othre than eligible Indian students participate in programs contracted under this Part, money expended under such contract shall be prorated to cover the participation of only support. § 403.34 Use of other Federal, State and local funds. (a) Contract funds under this Part shall supplement, and not supplant, Federal, State and local funds. Each contract shall require that the use of these contract funds will not result in a dewhich would be made available for Increase in State, local, or Federal funds dian students if there were no funds under this Part. (b) State, local and other Federal funds must be used to provide comparable services to non-Indian and Indian O'Malley funds for the provision of supstudents prior to the use of Johnsonplementary program services to Indian children. be used only as prescribed in § 403.33. § 403.35 Capital outlay or debt retire ment. In no instance shall contract funds provided under this Part be used as payment for capital outlay or debt retirement expenses. § 403.36 Eligible subcontractors. No contract funds under the JohnsonO'Malley Act shall be made available by the Bureau directly to other than tribal organizations, States, school districts and Indian corporations. However, tribal organizations, States, school districts, and Indian corporations receiving funds under this Part may use the funds to subcontract for necessary services with any appropriate individual, organization or corporation. § 403.37 Use of funds outside of schools. Nothing in these regulations shall prevent the Commissioner from contracting with Indian corporations who will expend all or part of the funds in places other than the public or private schools in the community affected. $403.38 Equal quality and standard of education. Contracts with State education agencles or school districts receiving funds under the provisions of this Part shall provide educational opportunities to all Indian children within that school district on the same terms and under the same conditions that apply to all other students. School districts receiving funds under this Part must insure that Indian children receive all aid from the State, and other proper sources other than this contract, which other schools in the district and other school districts similarly situated in the State are entitled to receive. FEDERAL REGISTER, VOL. 40, NO. 172-THURSDAY, SEPTEMBER 4, 1975 Subpart D-General Contract § 403.41 by 41 CFR 14 and 41 CFR 14H except structing, altering, or repairing build41 CFR Part 14H-70. Special, program provisions to § 403.44 Use and transfer of Government be included in contract. All contracts under this Part shall contain the following: (a) The education plan required by $403.14 and 403.18 and, as part of the education plan, the education programs approved by the Indian Education Committee(s) under $403.17. (b) Any formal written determination and findings made by the Area Director or Commissioner supporting the need for operational support as required by $403.24 (c) and 403.27 (c). (c) The provision that State, local, and other Federal funds shall be used to provide comparable services to non-Indian and Indian students prior to the use of Johnson-O'Malley funds for the provision of supplementary program services to Indian children, as required in § 403.34 (b). § 403.42 Civil Rights Act violations. In no instance shall there be discrimination against Indians or schools enrolling such Indians. When informed by a complainant or through its own discovery that possible violation of Title VI of the Civil Rights Act of 1964 exists within a State school district receiving funds under this Part, the Department of the Interior shall, in accordance with Federal requirements, notify the Department of Health, Education and Welfare of the possible violation of Title VI. The Department of Health, Education and Welfare will conduct an investigation into the matters alleged, pursuant to a Memerandum of Understanding between the Department of the Interior and the Department of Health, Education and Welfare. If the report of the investigation conducted by the Department of Health, Education and Welfare discloses a failure or threatened failure to comply with this Part, and if the noncompliance cannot be corrected by informal means, compliance with this Part may be effected by the suspension or termination of or refusal to contract or to continue financial assistance under the Johnson-O'Malley Act or by any other means authorized by law. As delineated in 43 CFR 17.1, 17.8, and 17.9, such other means may include reference to the Department of Justice with a recommendation that appropriate legal proceedings be brought by the United States to secure compliance or by formal hearing before the Commissioner or, at his discretion, before an administrative law judge designated in accordance with section 11 of the Administrative Procedure Act. The Secretary, may, by agreement with one or more other Federal departments, provide for the conduct of consolidated or joint hearings as prescribed in 43 CFR 17.8(e). property. (a) The use of Government-owned facilities for school purposes may be authorized when not needed for Government activities. Transfer of title to such facilities (except land) may be arranged under the provisions of the Act of June 4, 1953 (67 Stat. 41). (b) In carrying out a contract made under this Part, the Area Director or Commissioner may permit a contractor to use existing buildings, facilities, and related equipment and other personal property owned by the Bureau within his jurisdiction under terms and conditions agreed upon for their use and maintenance. The property must conform to the minimum standards established by the Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended (29 U.S.C. 651). Use of Government property is subject to the following conditions: ings or other facilities in connection with (a) Any contract made by the Bureau with a State, school district or Indian corporation shall provide that the contractor shall, to the greatest extent feasible, give preference in and opportunities for employment and training to Indians. (b) Any contract made by the Bureau with a State, school district or Indian corporation shall provide that the contractor shall, to the greatest extent feasible, give preference in the award of subcontracts to Indian organizations and Indian-owned economic enterprises. (c) All subcontractors employed by the contractor shall, to the extent possible, give preference to Indians for employment and training and shall be required to include in their bid submission a plan to achieve maximum use of Indian personnel. surance. (1) When nonexpendable Government property is turned over to public school authorities or Indian corporations under a use permit, the permittee shall insure such property against damage by flood, $403.47 Liability and motor vehicle infire, rain, windstorm, vandalism, snow, and tornado in amounts and with companies satisfactory to the Federal officer in charge of the property. In case of damage or destruction of the property by flood, fire, rain, windstorm, vandalism, snow or tornado, the insurance money collected shall be expended ony for repair or replacement of property. Otherwise, insurance proceeds shall be paid to the Bureau. (2) If the public school authority is (3) The permittee shall maintain the (c) The contractor may have access available subject to the provisions of the (2) The contractor may have access (3) If the contractor needs a small volume of identifiable Bureau records, the Bureau will furnish the copies to the contractor. $403.45 Wage and labor standards. Advance payments to States, school districts and Indian corporations will be made in accordance with the applicable All laborers and mechanics employed provisions of 41 CFR 1 as supplemented by contractors or subcontractors in con (a) States, school districts and Indian corporations shall obtain public liability and motor vehicle insurance under contracts entered into with the Bureau under this Part. However, where the Bureau contracting officer determines that the risk of death, personal injury or property damage under the contract is small and that the time and cost of procuring the insurance is great in relation to the risk, the contractor may be exempted from this requirement. (b) Notwithstanding paragraph (a) of this section, any contract which requires or authorizes, either expressly or by implication, the use of motor vehicles must contain a provision requiring the State, school district, or Indian corporation to provide liability insurance, regardless of how smal the risk. self-insured and can present evidence of (c) If the public school authority is that fact to the Area Director or Commissioner, liability and motor vehicle insurance will not be required. § 403.48 Recordkeeping. velop and maintain a recordkeeping sysA contractor will be required to detem which will: (a) Fully reflect all financial transactions involving the receipt and expenditure of funds provided under the contract in a manner which will provide accurate, current and complete disclosure of financial status; correlation with budget or allowable cost schedules; and clear audit facilitating data. (b) Reflect the amounts and sources of funds other than Bureau contract funds which may be included in the operation of the contract. (c) Provide for the creation, maintenance and safe guarding of records of lasting value, including those involving FEDERAL REGISTER, VOL 40, NO. 172-THURSDAY, SEPTEMBER 4, 1975 41004 Individual rights, such as permanent records and transcripts. (d) Provide for orderly retirement of permanent records in accordance with General Records Schedules and the Bureau Records Control Schedule, when there is no established system set up by the State, school district, or Indian corporation. § 403.49 Audit and inspection. (a) During the term of a contract under this Part and for three years after the project or undertaking is completed, the Comptroller General and the Secretary, or any of their duly authorized representatives, shall have access, for audit and examination purposes, to any of the contractor's books, documents, papers, and records which, in their opinion, may be related or pertinent to the contract or any subcontract. (b) The contractor will be responsible for maintaining all documents such as invoices, purchase orders, cancelled checks, balance sheets and all other records relating to financial transactions in a manner which will facilitate auditing. The contractor will be responsible for maintaining files of correspondence and other documents relating to the administration of the contract properly separated from general records or crossreferenced to general files. (c) The contractor receiving funds under this Part shall be responsible for contract compliance. (d) The records involved in any claim or expenditure that has been questioned shall be further maintained until final determination has been made on the questioned expenditures. (e) All contracts, non-confidential records concerning all students served by the program, reports, budgets, budget estimates, plans, and other documents pertaining to preceding and current year administration of the contract program shall be made available by the contractor and local school officials to each member of the Indian Education Committee and to members of the public upon request. The contractor or local school official shall provide, free of charge, single copies of such documents upon request. § 403.50 Freedom of information. (a) Unless otherwise required by law, the Bureau shall not place restrictions on contractors which will limit public access to the contractor's records except when records must remain confidential. (b) A contractor under this Part shall make all reports and information concerning the contract available to the Indian people which the contract affects. Reports and information may be withheld from disclosure only when both of the following conditions exist: (1) The reports and information fall within one of the following exempt categories: (1) Specifically required by statute or Executive Order to be kept secret. (i) Commercial or financial information obtained from a person or firm on a privileged or confidential basis. (1) Personnel, medical, social, psychological, academic achievement and PROPOSED RULES similar files where disclosure would be a clearly unwarranted invasion of personal privacy. (2) Disclosure is prohibited by statute or Executive Order or sound grounds ex1st for using the exemption given in paragraph (b) (1) of this section. (c) A request to inspect or copy reports and information shall be in writing and must reasonably describe the reports and information requested. The request may be delivered or mailed to the contractor. Within ten working days after receiving the request, the contractor shall determine whether to grant or deny the request. The requester shall be notified immediately of the determina (a) A contractor under this Part shall make a detailed annual report to the approving official before September 15 of each year and covering the previous school year. The report shall include, but not be limited to, an accounting of the amounts and purposes for which the contract funds were expended, information on the conduct of the program, a quantitative evaluation of the effectiveness of the contract program in meeting the stated objectives contained in the applicant's educational plans, and a complete accounting of actual receipts at the end of the contract period. (b) In addition to the yearly reporting requirement given in paragraph (a) of this section, the contractor shall furnish other reports when and as required by the Area Director or Commissioner. (c) A contractor under this Part shall send copies of the reports required by paragraphs (a) and (b) of this section to the Indian Education Committee(s) under the contract at the same time as the reports are sent to the Bureau. $403.52 Penalties. If any officer, director, agent, or employee of, or connected with, any contractor or subcontractor under this Part embezzles, willfully misapplies, steals, or obtains by fraud any of the funds or property connected with the contract or subcontract, he shall be subject to the following penalties: (a) If the amount involved does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. (b) If the amount involved exceeds $100, he shall be fined not more than $10,000 or imprisoned for not more than two years, or both. § 403.53 State school laws. In those States where Public Law 83280, 18 U.S.C. 1162 and 28 U.S.C. 1360 do not confer civil jurisdiction, State employees may be permitted to enter upon Indian tribal lands, reservations, or allotments if the duly-constituted governing body of the tribe adopts a resolution of consent for the following purposes: (a) Inspecting school conditions in the public schools located on Indian tribal lands, reservations, or allotments. (b) Enforcing State compulsory school attendance laws against Indian children, parents or persons standing in loco. parentis. § 403.54 Applicable procurement regulations. States, school districts, or Indian corporations wanting to contract with the Bureau under this Part must comply with the applicable requirements in the Federal Procurement Regulations (41 CFR 1), as supplemented by the Interior Procurement Regulations (41 CFR 14), and the Bureau of Indian Affairs Procurement Regulations (41 CFR 14H), except 41 CFR Part 14H-70. Subpart E-Contract Revision or Any contract made under this Part may be revised or amended as deemed necessary to carry out the purposes of the program being contracted. A contractor may make a written request for a revision or amendment of a contract to the Bureau contracting officer. However, no program approved by the Indian Education Committee shall be altered from the time of its original approval to the end of the contract period without the written approval of the Committee. § 403.62 Cancelling a contract for cause. (a) Any contract entered into under this Part may be cancelled for cause when the contractor fails to perform the work called for under the contract or fails to permit an Indian Education Committee to perform its duties pursuant to this Part. (b) Before cancelling the contract, the Bureau will advise the contractor in writing of the following: (1) The reasons why the Bureau is considering cancelling the contract. (2) The contractor will be given an opportunity to bring its work up to an acceptable level. (c) If the contractor does not overcome the deficiencies in its contract performance, the Bureau shall cancel the contract for cause. The Bureau will notify the contractor, in writing, of the cancellation. The notice shall give the reasons for the cancellation and the right of the contractor to appeal under Subpart C of 43 CFR Part 4. (d) When a contract is cancelled for cause, the Bureau will attempt to perform the work by another contract. (e) Any contractor that has a contract cancelled for cause must demonstate that the cause(s) which led to the cancellation have been remedied before it will be considered for another contract. Subpart F-Appeals Contract appeal. § 403.71 A contractor may appeal an adverse decision or action of a Bureau contracting officer regarding a contract under FEDERAL REGISTER, VOL. 40, NO. 172-THURSDAY, SEPTEMBER 4, 1975 404.22 404.23 404.24 404.25 404.26 Obtaining Application forms. Assistance in completing applica tions. Tribal request. Where to submit application. listing. Performing construction work. Funding provisions. Subpart C-General Contract Requirements PROPOSED RULES Subpart A-General Provisions § 404.1 Purpose. The purpose of the regulations in this Part is to give the application and approval process for obtaining a contract or services from the Bureau for school construction for previously private schools now controlled and operated by tribes or tribally approved Indian organizations under sections 204 and 208 of Title II of the Indian Self-Determination and Education Assistance Act (Pub. L. 93-638, 88 Stat. 2203). § 404.2 Scope. The Act authorizes the expenditure of funds authorized and appropriated under Part B of the Act to contract or provide services for school construction for tribally operated previously private schools. After an application has been completed and approved by the tribe, the application is forwarded through Bureau channels to the Commissioner for ranking by priority. If a project is within the funding priority, the Bureau contracting officer offers to negotiate a contract with the applicant subject to approval by the requesting tribe(s) for architecturalengineering design, facilities construction and purchase of equipment to provide educational facilities meeting Bureau space standards and construction code regulations. Subject to approval by the requesting tribe(s), the applicant then has the following options: (a) Enter into a contract with the Bureau under which the applicant performs all or part of the necessary work with the Bureau performing the rest. (b) Request that the Bureau perform or arrange for the performance of all the necessary work. § 404.3 Definitions. As used in this Part: " (a) "ADM" means average daily membership which is the aggregate of the sums of the days of membership of each child in the school divided by the number of days school was in session. Only days in which pupils were under the guidance and direction of teachers in the teaching process will be considered days in session. (b) "Act" means the Indian SelfDetermination and Education Assistance Act (Public Law 93-638. 88 Stat. 2203). (c) "Area Director" means the official in charge of a Bureau of Indian Affairs Area Office. (d) "Attendance area" means, in relation to a particular school, the area in which the children who are normally served by that school reside. (e) "Bureau" means the Bureau of Indian Affairs. (f) "Commissioner" means the Commissioner of Indian Affairs. (g) "Contractor" means an applicant who has been awarded a contract under this Part. (h) "Days" means calendar days. (1) "Economic enterprise" means any commercial, industrial, agricultural, or 41005 business activity that is at least 51 percent Indian owned, established or organized for the purpose of profit. (1) "Existing school facilities" means all facilities constructed as school buildings and used continuously for classroom purposes. Excluded are basement rooms, hallways, or other space, the use of which for school purposes (in view of the character, inaccessibility or other equally cogent reasons) seriously restricts the educational objective, or has impaired or will impair the health or safety of the school children. (k) "Indian" means a person who is a member of an Indian tribe. (1) "Indian tribe" means any Indian Tribe, Band, Nation, Rancheria, Pueblo, Colony or Community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) which is recognized as eligible by the Secretary for the special programs and services provided by the Secretary to Indians because of their status as Indians. (m) "Initial equipment" means any movable equipment necessary and appropriate to equip minimum school facilities. Such term does not include equipment purchased to replace any equipment which is obsolete or worn out and which was purchased with funds under the Act. (n) "Minimum school facilities" means classroom and auxiliary rooms and initial equipment necessary to operate an approved educational program for the membership of the school at normal capacity in accordance with criteria established by the Bureau. (o) "Previously private school" means a school (other than a Federal school formerly operated by the Bureau), that is operated primarily for Indian students in any grade or grades from early childhood through grade 12: and, which at the time of application is controlled, sanctioned, or chartered by the governing body (s) of an Indian tribe(s). Where a former mission school is involved, the title to the school facility and the land on which it is situated must have been transferred to an Indian tribe for operation as a non-sectarian school. (25 U.S.C. 278) (p) "Secretary" means the Secretary of the Interior. (q) "Superintendent" means the offIclal in charge of a Bureau of Indian Affairs Agency Office. recognized governing body of any Indian () "Tribal organization" means the tion of Indians which is controlled, tribe; any legally established organizasanctioned, or chartered by such governing body or which is democratically dian community to be served by such orelected by the adult members of the Inganization and which includes the maximum participation of Indians in all phases of its activities: Provided, That a request for a contract or services must be made by the Indian tribe that will re FEDERAL REGISTER, VOL. 40, NO. 172-THURSDAY, SEPTEMBER 4, 1975 |