
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC458aaa-5]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER II--INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
 
          Part E--Tribal Self-Governance--Indian Health Service
 
Sec. 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.
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    \1\ So in original.
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(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.

(Pub. L. 93-638, title V, Sec. 506, as added Pub. L. 106-260, Sec. 4, 
Aug. 18, 2000, 114 Stat. 717.)
