ary to accomplish a purpose of the Bureau as required by statue or Execitive Order.

(c) The contractor is subject to the enalties provided in section (i) of 5 J.S.C. 552a.

Subpart E-Contract Revision or Cancellation

273.61 Contract revision or amendment. Any contract made under this part nay 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.

§ 273.62 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 demonstrate that the cause(s) which led to the cancellation have been remedied

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 planning, architectural-engineering 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.

[40 FR 51303, Nov. 4, 1975, as amended at 43 FR 37445, Aug. 23, 1978]

(d) "Bureau" means the Bureau of Indian Affairs.

(e) "Commissioner," means the Commissioner of Indian Affairs, under the direction and supervision of the Assistant Secretary-Indian Affairs, who is responsible for the direction of the day-to-day operations of the Bureau of Indian Affairs.

(f) "Contractor" means an applicant who has been awarded a contract under this part.

(g) "Days" means calendar days.

(h) "Economic enterprise" means any commercial, industrial, agricultur

are

or business activity that is at least percent Indian owned, established organized for the purpose of profit. (i) "Existing school facilities" means 1 facilities constructed as school ildings and used continuously for assroom purposes. Excluded asement rooms, hallways, or other ace, the use of which for school puroses (in view of the character, inacessibility or other equally cogent reaons) seriously restricts the education| objective, or has impaired or will npair the health or safety of the chool children.

(j) "Indian tribe" means any Indian 'ribe, Band, Nation, Rancheria, ueblo, Colony or Community, includng any Alaska Native village or reional or village corporation as defined n or established pursuant to the Alaska Native Claims Settlement Act 85 Stat. 688) which is federally recogized as eligible by the United States Government through the Secretary for the special programs and services provided by the Secretary to Indians because of their status as Indians.

(k) "Indian" means a person who is a member of an Indian tribe.

(1) "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.

(m) "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.

(n) "Previously private school" means a school (other than a Federal school formerly operated by the Bureau), that is operated primarily for Indian students from age 3 years through grade(s) 12; and, which at the time of application is controlled, sanctioned, or chartered by the governing body(s) of an Indian tribe(s).

(0) "Secretary" means the Secretary of the Interior.

(p) "Superintendent" means the official in charge of a Bureau of Indian Affairs Agency Office.

(q) "Tribal government,” “tribal governing body," and "tribal council" means the recognized governing body of an Indian tribe.

(r) "Tribal organization” means the recognized governing body of any Indian tribe; or any legally established organization of Indians or tribes which is controlled, sanctioned, or chartered by such governing body or bodies or which is democratically elected by the adult members of the Indian community to be served by such organization 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 receive services under the contract or from the Bureau by other means; Provided further, That in any case where a contract or services will affect more than one Indian tribe, the approval of each such Indian tribe shall be prerequisite to the approval of the application for the contract or services.

(s) "Assistant Secretary-Indian Affairs" means the Assistant SecretaryIndian Affairs who discharges the authority and responsibility of the Secretary for activities pertaining to Indians and Indian affairs.

[40 FR 51310, Nov. 4, 1975, as amended at 43 FR 37445, Aug. 23, 1978; 45 FR 13452, Feb. 29, 1980]

§ 274.4 Effect on existing Indian rights.

Nothing in these regulations shall be construed as:

(a) Affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from suit enjoyed by an Indian tribe;

(b) Authorizing or requiring the termination of any existing trust responsibility of the United States with respect to the Indian people; or

(c) Permitting significant reduction in services to Indian people as a result of this part.

§ 274.5 Revision or amendment of regulations.

In order to make any substantive revisions or amendments to regulations

in this part, the Secretary shall take the following actions:

(a) Consult with Indian tribes and national and regional Indian organizations to the extent practicable about the need for revision or amendment and consider their views in preparing the proposed revision or amendment.

(b) Publish the proposed revisions or amendments in the FEDERAL REGISTER as proposed rulemaking to provide adequate notice to, and receive comments from, all interested parties.

(c) After consideration of all comments received, publish the regulations in the FEDERAL REGISTER in final form not less than 30 days before the date they are made effective.

(d) Annually consult with Indian tribes and national and regional Indian organizations about the need for revision or amendment, and consider their views in preparing the revision or amendment.

(e) Nothing in this section shall preIclude Indian tribes or national or regional Indian organizations from initiating requests for revisions or amendments subject to paragraphs (a), (b), and (c), of this section.

§ 274.6 Information collection.

The information collection requirements contained in §§ 274.13, 274.15 and 274.40 are those necessary to comply with the application requirements of the Office of Management and Budget (OMB) Circular No. A102. The Standard Form 424 and attachments prescribed by such circular are approved by OMB under 44 U.S.C. 3501 et seq. and assigned approval number 0348-0006. Sections 274.13, 274.15, and 274.40 describe the types of information that would satisfy the application requirements of Circular A-102 for this school construction program. Information necessary for an application for Federal assistance will be submitted on Standard Form 424 which may be obtained with application materials in accordance with §§ 274.13, 274.15 and 274.40. This information is collected for the purpose of applying for Federal assistance and will be used in determining eligibility. The obligation to respond is a requirement to obtain a benefit.

[51 FR 39524, Oct. 29, 1986]

Subpart B-Application Process

§ 274.11 Eligible applicants.

Any tribal organization which meets all of the following criteria is eligible to apply for a contract with or services from the Bureau for school construction:

(a) The tribal organization must control and manage the previously private school for which the organization is applying for a contract or services under this part.

(b) Title to the land on which the construction for the previously private school is located must be vested in the tribe or the United States, or a lease for 25 years with an option for an additional 25 years must be entered into with the tribe or the United States for the ground on which the construction is located.

(c) The previously private school controlled and managed by the tribal organization must have a minimum current enrollment or projection of 25 students through grade(s) 8 and/or 50 students in grades 9 through 12.

[40 FR 51310, Nov. 4, 1975, as amended at 43 FR 37445, Aug. 23, 1978]

§ 274.12 Obtaining application forms.

Application forms, instructions and related application materials are available from Agency Superintendents, Area Directors and the Commissioner. Use of standard application forms will facilitate processing of applications. However, they are not required if the information contained in § 274.13 is stated in the applicant tribe's request for a contract or services.

§ 274.13 Contents of application.

An application for funding under this part shall be in writing and shall contain the following information:

(a) Full name, address and telephone number of the tribal organization which is applying for the contract or services.

(b) Full name of tribe(s) with which the tribal organization is affiliated.

(c) Full name of tribe(s) directly benefiting or receiving services from the proposed contract or from the Bureau by other means.

(d) Documentation of the tribal reuest in the form of a resolution as utlined in § 274.15.

(e) Date of submission to the Bureau And the name of the office where the application was submitted.

(f) Signature by the authorized representative of the tribal organization and the date thereof.

(g) Outline of the educational program including:

(1) Narrative description of elemenary programs with educational philosɔphy.

(2) Narrative description of secondary programs with educational philosophy. If application is for secondary facility, include course offering with each course outlining enrollment, class size, class meetings per week, minutes per class and fraction of year taught.

(3) What will happen to the education of the students now, in 1 to 3 years and in 4 to 10 years if the proposed facilities are not constructed? - Discuss all available options, including but not limited to:

(i) Off-reservation boarding schools. (ii) On-reservation boarding schools. (iii) Public, Bureau or other day schools.

(iv) Temporary facilities.

(h) Outline geographic attendance boundaries and include:

(1) Map of attendance area with description.

(2) Description of other Federal, public and/or private schools within the above attendance boundary.

(3) Discussion of impact the project will have on the schools listed in paragraph (h)(2) of this section and on feeder schools.

(4) Bus routes and/or change in bus routes caused by construction of facilities.

(i) Outline school enrollment characteristics and data including:

(1) Present total enrollment and enrollment by grade.

(2) Enrollment for the past six years by total and by grade.

(3) Estimate of enrollment by year for the next five years by total and by grade.

(4) Source and/or reasons for any student population growths.

(5) Number of students residing in attendance area but enrolled in other

schools, number of students attending school but residing outside attendance area, and number of people by age group residing in attendance area between one and twenty-five. The data should be current as of the time of application.

(j) Outline project description and justification data including:

(1) Function of proposed new facility, i.e., kitchen-dining building for 300 students grades K-8, etc.

(2) Data such as capacity, date constructed, square footage and condition of existing facility described in paragraph (j)(1) of this section which needs to be replaced.

(3) Problems which may be encountered such as lack of adequate construction site, disputed jurisdiction, flood plain, soil conditions, archeological clearance, lack of electric power or water.

(4) Justification for project (Choose one and explain):

(i) The facility has been destroyed by a natural disaster.

(ii) The facility is unsafe or unsanitary. Documentation in the form of an engineering and/or safety report must be included for facilities that are unsafe or unsanitary. Also, there are no local educational facilities available that can provide seats for the unhoused students.

(iii) The same conditions exist as given in paragraph (j)(4)(ii) of this section for unsafe or unsanitary facilities except that other facilities can be used to seat the unhoused students temporarily.

(iv) Unhoused pupils due to enrollment and population changes.

(v) The facility is functionally obsolete. It will not meet the education program or other requirements for such reasons as poor arrangement of rooms, inadequate spaces and need for structural and utility changes.

(vi) The facility is functionally obsolete due to age. Operation and maintenance is costly and the facility is impractical to maintain.

(vii) The facility will make it possible for children to attend school nearer their home.

(5) A current overall plan for constructing Bureau facilities, prepared

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