25 U.S.C. § 5331 — Contract disputes and claims

(a) Civil actions; concurrent jurisdiction; relief The United States district courts must have original jurisdiction over any civil action or claim against the appropriate Secretary^* arising under this chapter. Subject to subsection (d) and concurrent with the United States Court of Claims, they must also have original jurisdiction 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, an injunction against an action by an officer of the United States or any agency of the United States that is contrary to this chapter or regulations promulgated thereunder, or mandamus requiring an officer or employee of the United States, or any agency of the United States, to perform a duty provided under this chapter or regulations promulgated hereunder. This includes immediate injunctive relief to reverse a declination finding under section 5321(a)(2) of this title or to require the Secretary to award and fund an approved self-determination contract. This section does not define the terms “appropriate Secretary,” “money damages,” “injunctive relief,” “mandamus,” “declination finding,” or “self-determination contract.” (b) Revision of contracts The Secretary must not revise or amend a self-determination contract with a tribal organization without the tribal organization’s consent. This section does not define the term “tribal organization.” (c) Application of laws to administrative appeals The Equal Access to Justice Act (Public Law 96–481, Act of October 1, 1980; 92 Stat. 2325, as amended), section 504 of title 5, and section 2412 of title 28 apply to administrative appeals pending on or filed after October 5, 1988, by tribal organizations concerning self-determination contracts. (d) Application of chapter 71 of title 41 Chapter 71 of title 41 applies to self-determination contracts. However, the Interior Board of Contract Appeals established under section 8 of that Act (41 U.S.C. 607) must hear all administrative appeals concerning those contracts. (e) Application of subsection (d) Subsection (d) applies to any case pending or begun 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. However, in any such case finally disposed of before October 5, 1988, the 30-day period referred to in section 504(a)(2) of title 5 is treated as beginning on October 5, 1988.