25 U.S.C. § 5331

Contract disputes and claims

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(a) Civil actions; concurrent jurisdiction; relief

The 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 section 5321(a)(2) of this title or to compel the Secretary to award and fund an approved self-determination contract).

(b) Revision of contracts

The Secretary shall not revise or amend a self-determination contract with a tribal organization without the tribal organization’s consent.

The Equal Access to Justice Act (Publc 11 So in original. Probably should be “Public”, “21,”, and “94”, respectively. Law 96–481, Act of October 1,1 1980; 92 1 Stat. 2325, as amended), section 504 of title 5, and section 2412 of title 28 shall apply to administrative appeals pending on or filed after October 5, 1988, by tribal organizations regarding self-determination contracts.

(d) Application of chapter 71 of title 41

Chapter 71 of title 41 shall apply to self-determination contracts, 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 (41 U.S.C. 607).22 See References in Text note below.

(e) Application of subsection (d)

Subsection (d) of this section shall apply to any case pending or commenced on or after March 17, 1986, before the Boards of Contract Appeals of the Department of the Interior or the Department of Health and Human Services ² except that in any such cases finally disposed of before October 5, 1988, the thirty-day period referred to in section 504(a)(2) of title 5 shall be deemed to commence on October 5, 1988.

(Pub. L. 93–638, title I, § 110, as added Pub. L. 100–472, title II, § 206(a), Oct. 5, 1988, 102 Stat. 2294; amended Pub. L. 100–581, title II, § 212, Nov. 1, 1988, 102 Stat. 2941; Pub. L. 101–301, §§ 1(a)(2), 2(b), May 24, 1990, 104 Stat. 206, 207; Pub. L. 103–413, title I, § 104(2), (3), Oct. 25, 1994, 108 Stat. 4268.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, 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 section 5301 of this title and Tables.

The Equal Access to Justice Act, referred to in subsec. (c), is Pub. L. 96–481, title II, Oct. 21, 1980, 94 Stat. 2325. For complete classification of this Act to the Code, see Short Title note set out under section 504 of Title 5, Government Organization and Employees, and Tables.

The Interior Board of Contract Appeals established pursuant to section 8 of such Act (41 U.S.C. 607), referred to in subsec. (d), terminated effective 1 year after Jan. 6, 2006, pursuant to section 847(g) of Pub. L. 109–163, set out as an Effective Date of 2006 Amendment note under section 5372a of Title 5, Government Organization and Employees. Any reference to such Board to be treated as referring to the Civilian Board of Contract Appeals pursuant to Pub. L. 109–163, div. A, title VIII, § 847(e), Jan. 6, 2006, 119 Stat. 3394, formerly set out in a note under section 607 of former Title 41, Public Contracts. The Civilian Board of Contract Appeals was established by section 42 of Pub. L. 93–400 which was classified to section 438 of former Title 41 prior to being repealed and restated as section 7105(b) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855.

The 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 Jan. 6, 2006, pursuant to section 847(g) of Pub. L. 109–163, set out as an Effective Date of 2006 Amendment note under section 5372a of Title 5, Government Organization and Employees. Any reference to such Boards to be treated as referring to the Civilian Board of Contract Appeals pursuant to Pub. L. 109–163, div. A, title VIII, § 847(e), Jan. 6, 2006, 119 Stat. 3394, formerly set out in a note under section 607 of former Title 41, Public Contracts. The Civilian Board of Contract Appeals was established by section 42 of Pub. L. 93–400 which was classified to section 438 of former Title 41 prior to being repealed and restated as section 7105(b) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855.

October 5, 1988, 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, Pub. L. 100–472, which enacted this section.

Codification

Section was formerly classified to section 450m–1 of this title prior to editorial reclassification and renumbering as this section.

In subsec. (d), “Chapter 71 of title 41” substituted for “The Contract Disputes Act (Public Law 95–563, Act of November 1, 1978; 92 Stat. 2383, as amended)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Prior Provisions

A prior section 110 of Pub. L. 93–638 was renumbered section 111 by Pub. L. 100–472 and is classified to section 5332 of this title.

Amendments

1994—Subsec. (a). Pub. L. 103–413, § 104(2), inserted before period at end “(including immediate injunctive relief to reverse a declination finding under section 5321(a)(2) of this title or to compel the Secretary to award and fund an approved self-determination contract)”.

Subsec. (d). Pub. L. 103–413, § 104(3), 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 (41 U.S.C. 607)”.

1990—Subsec. (a). Pub. L. 101–301, § 1(a)(2), made technical correction to directory language of Pub. L. 100–581, § 212(a). See 1988 Amendment note below.

Subsec. (b). Pub. L. 101–301, § 2(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.”

Subsec. (c). Pub. L. 101–301, § 1(a)(2), made technical correction to directory language of Pub. L. 100–581, § 212(c). See 1988 Amendment note below.

1988—Subsec. (a). Pub. L. 100–581, § 212(a), as amended by Pub. L. 101–301, § 1(a)(2), substituted “over any civil action” for “over civil action” after “Court of Claims,”.

Subsec. (b). Pub. L. 100–581, § 212(b), substituted “of tribal organization” for “of an Indian tribe” and “such tribal organization” for “such tribe”.

Subsec. (c). Pub. L. 100–581, § 212(c), as amended by Pub. L. 101–301, § 1(a)(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Equal Access to Justice Act (Public Law 96–481, Act of October 1 [21], 1980; 94 Stat. 2325, as amended) shall apply to administrative appeals by tribal organizations regarding self-determination contracts.”

Notes of Decisions

Cited in 23 cases (13 in the last 5 years), 2016–2025 · leading case: Newtok Vill. v. Andy Patrick, 21 F.4th 608 (9th Cir. 2021).

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Newtok Vill. v. Andy Patrick, 21 F.4th 608 (9th Cir. 2021). · cites it 2× “See 25 U.S.C. § 5331 (a). However, this statute NEWTOK VILLAGE V.”

Seminole Tribe of Fla. v. Azar, 376 F. Supp. 3d 100 (D.C. Cir. 2019). “¶ 44 (quoting 25 U.S.C. § 5331 (a) ). As the Tribe seems to see it, both of these claims turn on the same "straightforward issue of statutory interpretation: Does the ISDEAA allow IHS to arbitrarily limit the reallocation authority in § 5386(e) by imposing an 80% salary cap on…”

N. Arapaho Tribe v. LaCounte, 215 F. Supp. 3d 987 (D. Mont. 2016). · cites it 2× “The Ninth Circuit decided Faras , however, before Congress passed the 1994 Amendments to the ISDEAA ( 25 U.S.C. § 5331 (a)), discussed in Shoshone-Bannock Tribes of Ft.”

Swinomish Indian Tribal Commu v. Xavier Becerra, 993 F.3d 917 (D.C. Cir. 2021). “§ 2201 ; see also 25 U.S.C. § 5331 (a). The district court granted the government’s motion for summary judgment.”

Cook Inlet Tribal Council v. Mandregan, 348 F. Supp. 3d 1 (D.C. Cir. 2018). “" 25 U.S.C. § 5331 (a). Here, however, the record does not contain sufficient documentation to support *17 CITC's full request.”

Navajo Nation v. DOI, 57 F.4th 285 (D.C. Cir. 2023). “The district court had subject matter jurisdiction pursuant to 25 U.S.C. § 5331 (a), which confers original jurisdiction to adjudicate a tribe’s claim for damages against the DOI arising out of a self-determination contract authorized by the ISDEAA.”

N. Arapaho Tribe v. Becerra, 61 F.4th 810 (10th Cir. 2023). “See also 25 U.S.C. § 5331 (a). In its complaint, the Tribe alleges that, by statute and under the contract, it is required to collect third-party revenue by billing third-party insurers, including Medicare, Medicaid, and private insurers.”

Cook Inlet Tribal Council, Inc. v. Mandregan (D.D.C. 2019). · cites it 6× “The Court considers each argument in turn, concluding that an award to CITC for the increased facility support costs is the appropriate remedy under 25 U.S.C. § 5331 (a), and that the award must be limited to the 2014 contract proposal.”

Lower Brule Sioux Tribe v. Haaland (D.S.D. 2022). · cites it 6× “§ 5331 (d)] 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…”

Lower Brule Sioux Tribe v. Haaland (D.S.D. 2025). · cites it 4× “The amendment language provides: The 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 [ 25 U.S.C. § 5331 (a)] and concurrent with the…”

Osage Nation v. United States Dep't of Interior (D.D.C. 2025). · cites it 4× “In other words, Section 5331(a)’s waiver of sovereign immunity is conditioned on the “civil action or claim against the appropriate Secretary” arising under the ISDEAA. Id. Section 5366(c)(6)(A)(iii) of the ISDEAA states that “[i]f the Secretary [of the DOI] rejects a [Tribe’s]…”

Navajo Nation v. Dep't of the Interior (D.D.C. 2021). · cites it 3× “See 25 U.S.C. § 5331 (a); 25 C.F.R § 900.153.”

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