Sec. 206. Administration of funds
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/bill/118/hr/7859/ih/section-206·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding any other provision of law, all funds transferred to an Indian Tribe pursuant to a Plan may be consolidated, reallocated, and rebudgeted for any purpose in the Plan, without additional Federal approval or a waiver under section 107, to best meet the needs of the applicable Indian Tribe. Funds used to carry out a Plan shall be administered in such a manner as the Secretary determines to be appropriate to ensure the funds are spent on services and activities carrying out the purposes authorized under the Plan.
Nothing in this section interferes with the ability of the Secretary to use accounting procedures that conform to generally accepted accounting principles, auditing procedures, and safeguarding of funds that conform to chapter 75 of title 31, United States Code (commonly known as the Single Audit Act of 1984 ). Notwithstanding any other provision of law (including regulations and circulars of any agency (including Office of Management and Budget Circular A–133)), an Indian Tribe that has in place a Plan approved under section 108 shall not be required— to maintain separate records that trace any service or activity conducted under the Plan to the Federal program for which the funds were initially authorized or transferred; to allocate expenditures among those Federal programs; to audit expenditures by the original source of the Federal program; or to report on or in accordance with any requirements associated with the underlying Federal program, where instead only 1 annual report on the Plan is required pursuant to the model report developed by the Secretary under section 201(b)(1).
Any funds transferred to an Indian Tribe under section 205(c) that are not obligated or expended prior to the beginning of the fiscal year after the fiscal year for which the funds were appropriated shall remain available for obligation or expenditure, without fiscal year limitation, subject to the condition that the funds shall be obligated or expended in accordance with the Plan of the Indian Tribe. An Indian Tribe shall not be required to provide any additional justification or documentation of the purposes of a Plan as a condition of receiving or expending carryover funds described in paragraph (1).
Notwithstanding any other provision of law, an Indian Tribe shall be entitled to recover 100 percent of any indirect costs incurred by the Indian Tribe as a result of the transfer of funds to the Indian Tribe under section 205(c). Notwithstanding any other provision of law, any funds transferred to an Indian Tribe under section 205(c) shall be treated as non-Federal funds for purposes of meeting matching requirements under any other Federal law. An Indian Tribe shall be entitled to retain interest earned on any funds transferred to the Indian Tribe under section 205(c) and that interest shall not diminish the amount of funds the Indian Tribe is authorized to receive under the Plan in the year the interest is earned (or in any subsequent fiscal year).