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U.S. Code as of:
01/19/04
Section 458aaa-5. General provisions
(a) Applicability
The provisions of this section shall apply to compacts and
funding agreements negotiated under this part and an Indian tribe
may, at its option, include provisions that reflect such
requirements in a compact or funding agreement.
(b) Conflicts of interest
Indian tribes participating in self-governance under this part
shall ensure that internal measures are in place to address
conflicts of interest in the administration of self-governance
programs, services, functions, or activities (or portions thereof).
(c) Audits
(1) Single Agency Audit Act
The provisions of chapter 75 of title 31 requiring a single
agency audit report shall apply to funding agreements under this
part.
(2) Cost principles
An Indian tribe shall apply cost principles under the
applicable Office of Management and Budget circular, except as
modified by section 450j-1 of this title (!1) other provisions of
law, or by any exemptions to applicable Office of Management and
Budget circulars subsequently granted by the Office of Management
and Budget. No other audit or accounting standards shall be
required by the Secretary. Any claim by the Federal Government
against the Indian tribe relating to funds received under a
funding agreement based on any audit under this subsection shall
be subject to the provisions of section 450j-1(f) of this title.
(d) Records
(1) In general
Unless an Indian tribe specifies otherwise in the compact or
funding agreement, records of the Indian tribe shall not be
considered Federal records for purposes of chapter 5 of title 5.
(2) Recordkeeping system
The Indian tribe shall maintain a recordkeeping system, and,
after 30 days advance notice, provide the Secretary with
reasonable access to such records to enable the Department of
Health and Human Services to meet its minimum legal recordkeeping
system requirements under sections 3101 through 3106 of title 44.
(e) Redesign and consolidation
An Indian tribe may redesign or consolidate programs, services,
functions, and activities (or portions thereof) included in a
funding agreement under section 458aaa-4 of this title and
reallocate or redirect funds for such programs, services,
functions, and activities (or portions thereof) in any manner which
the Indian tribe deems to be in the best interest of the health and
welfare of the Indian community being served, only if the redesign
or consolidation does not have the effect of denying eligibility
for services to population groups otherwise eligible to be served
under applicable Federal law.
(f) Retrocession
An Indian tribe may retrocede, fully or partially, to the
Secretary programs, services, functions, or activities (or portions
thereof) included in the compact or funding agreement. Unless the
Indian tribe rescinds the request for retrocession, such
retrocession will become effective within the timeframe specified
by the parties in the compact or funding agreement. In the absence
of such a specification, such retrocession shall become effective
on -
(1) the earlier of -
(A) 1 year after the date of submission of such request; or
(B) the date on which the funding agreement expires; or
(2) such date as may be mutually agreed upon by the Secretary
and the Indian tribe.
(g) Withdrawal
(1) Process
(A) In general
An Indian tribe may fully or partially withdraw from a
participating inter-tribal consortium or tribal organization
its share of any program, function, service, or activity (or
portions thereof) included in a compact or funding agreement.
(B) Effective date
The withdrawal referred to in subparagraph (A) shall become
effective within the timeframe specified in the resolution
which authorizes transfer to the participating tribal
organization or inter-tribal consortium. In the absence of a
specific timeframe set forth in the resolution, such withdrawal
shall become effective on -
(i) the earlier of -
(I) 1 year after the date of submission of such request;
or
(II) the date on which the funding agreement expires; or
(ii) such date as may be mutually agreed upon by the
Secretary, the withdrawing Indian tribe, and the
participating tribal organization or inter-tribal consortium
that has signed the compact or funding agreement on behalf of
the withdrawing Indian tribe, inter-tribal consortium, or
tribal organization.
(2) Distribution of funds
When an Indian tribe or tribal organization eligible to enter
into a self-determination contract under part A of this
subchapter or a compact or funding agreement under this part
fully or partially withdraws from a participating inter-tribal
consortium or tribal organization -
(A) the withdrawing Indian tribe or tribal organization shall
be entitled to its tribal share of funds supporting those
programs, services, functions, or activities (or portions
thereof) that the Indian tribe will be carrying out under its
own self-determination contract or compact and funding
agreement (calculated on the same basis as the funds were
initially allocated in the funding agreement of the
inter-tribal consortium or tribal organization); and
(B) the funds referred to in subparagraph (A) shall be
transferred from the funding agreement of the inter-tribal
consortium or tribal organization, on the condition that the
provisions of sections 450f and 450j(i) of this title, as
appropriate, shall apply to that withdrawing Indian tribe.
(3) Regaining mature contract status
If an Indian tribe elects to operate all or some programs,
services, functions, or activities (or portions thereof) carried
out under a compact or funding agreement under this part through
a self-determination contract under part A of this subchapter, at
the option of the Indian tribe, the resulting self-determination
contract shall be a mature self-determination contract.
(h) Nonduplication
For the period for which, and to the extent to which, funding is
provided under this part or under the compact or funding agreement,
the Indian tribe shall not be entitled to contract with the
Secretary for such funds under section 450f of this title, except
that such Indian tribe shall be eligible for new programs on the
same basis as other Indian tribes.
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