ADMINISTRATIVE PROVISIONS.

SEC. 204. ADMINISTRATIVE PROVISIONS.Section 106 of the Indian Self-Determination Act is amended— (a) by redesignating such section as section 105; (b) by striking the phrase “sections 102 and 103” in subsection (a) of such section and inserting, in lieu thereof, the phrase “section 102”; (c) by changing the period at the end of subsection (a) of such section to a colon ana adding the following new proviso at the end thereof: “Provided further, That, except for construction contracts (or subcontracts in such cases where the tribal con-tractor has subcontracted the activity), the Office of Federal Procurement Policy Act (88 Stat. 796; 41 U.S.C. 401 et seq.) and Federal acquisition regulations promulgated thereunder shall not apply to Self-Determination contracts.”; (d) by striking the phrase “sections 102, 103, and 104” in subsection (b) of such section and inserting, in lieu thereof, the phrase “sections 102 and 103”; (e) by striking subsections (c), (d), and (e) of such section and inserting, in lieu thereof, the following: “(c) (1) A Self-Determination contract shall be— “(A) for a term not to exceed three years in the case of other than a mature contract, unless the appropriate Secretary and the tribe agree that a longer term would be advisable, and “(B) for an indefinite term in the case of a mature contract. The amounts of such contracts shall be subject to the availability of appropriations. –(2) The amounts of such contracts may be renegotiated annually to reflect changed circumstances and factors, including, but not limited to, cost increases beyond the control of the tribal organization. “(d) (1) No later than fiscal year 1990, the Secretary shall begin using the calendar year as the basis for contracts and agreements under this Act except for instances where the Secretary and the Indian tribe or tribal organization agree on a different period. “(2) The Secretary shall submit a report to the Congress within ninety days of enactment of the Indian Self-Determination and Education Assistance Act Amendments of 1988 on the amounts of any additional obligational authority needed to implement this subsection in fiscal year 1989. “(e) Whenever an Indian tribe requests retrocession of the appropriate Secretary for any contract entered into pursuant to this Act, 102 STAT. 2292 such retrocession shall become effective one year from the date of the request by the Indian tribe or at such date as may be mutually agreed by the Secretary and the Indian tribe. “(f) In connection with any Self-Determination contract or grant made pursuant to section 102 or 103 of this Act, the appropriate Secretary may— “(1) permit an Indian tribe or tribal organization in carrying out such contract or grant, to utilize existing school buildings, hospitals, and other facilities and all equipment therein or appertaining thereto and other personal property owned by the Government within the Secretary’s jurisdiction under such terms and conditions as may be agreed upon for their use and maintenance; “(2) donate to an Indian tribe or tribal organization the title to any personal property found to be excess to the needs of the Bureau of Indian Affairs, the Indian Health Service, or the General Services Administration, including property and equipment purchased with funds under any Self-Determination con-tract or grant agreement; and “(3) acquire excess or surplus Government personal property for donation to an Indian tribe or tribal organization if the Secretary determines the property is appropriate for use by the tribe or tribal organization for a purpose for which a Self-Determination contract or grant agreement is authorized under this Act.”; (f) by redesignating subsection (f) of such section as subsection (g) and by striking the phrase “sections 102 and 103 of this Act and grants pursuant to section 104 of this Act” in such subsection and by inserting, in lieu thereof, the phrase “section 102 of this Act and grants pursuant to section 103 of this Act”; (g) by redesignating subsection (g) of such section as subsection (h); by striking the phrase “sections 102, 103, and 104” in such subsection and inserting, in lieu thereof, the phrase “sections 102 and 103”; and by striking the phrase “Health, Education, and Welfare” and inserting, in lieu thereof, the phrase “Health and Human Services”; and (h) by striking all of the existing subsection (h) of such section.