TITLE 25 - INDIANS

CHAPTER V - BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - [RESERVED]

PART 900 - CONTRACTS UNDER THE INDIAN SELF - DETERMINATION AND EDUCATION ASSISTANCE ACT

subpart i - PROPERTY DONATION PROCEDURES

900.87 - How does an Indian tribe or tribal organization obtain title to property furnished by the Federal government for use in the performance of a contract or grant agreement pursuant to section 105(f)(2)(A) of the Act?

  (a) For government-furnished personal property made available to an Indian tribe or tribal organization before October 25, 1994: (1) The Secretary, in consultation with each Indian tribe or tribal organization, shall develop a list of the property used in a self-determination contract.

  (2) The Indian tribe or tribal organization shall indicate any items on the list to which the Indian tribe or tribal organization wants the Secretary to retain title.

  (3) The Secretary shall provide the Indian tribe or tribal organization with any documentation needed to transfer title to the remaining listed property to the Indian tribe or tribal organization.

  (b) For government-furnished real property made available to an Indian tribe or tribal organization before October 25, 1994: (1) The Secretary, in consultation with the Indian tribe or tribal organization, shall develop a list of the property furnished for use in a self-determination contract.

  (2) The Secretary shall inspect any real property on the list to determine the presence of any hazardous substance activity, as defined in 41 CFR 10147.202.2(b)(10). If the Indian tribe or tribal organization desires to take title to any real property on the list, the Indian tribe or tribal organization shall inform the Secretary, who shall take such steps as necessary to transfer title to the Indian tribe or tribal organization.

  (c) For government-furnished real and personal property made available to an Indian tribe or tribal organization on or after October 25, 1994: (1) The Indian tribe or tribal organization shall take title to all property unless the Indian tribe or tribal organization requests that the United States retain the title.

  (2) The Secretary shall determine the presence of any hazardous substance activity, as defined in 41 CFR 10147.202.2(b)(10).