Sec. 405. GENERAL PROVISIONS
623 words·~3 min read·
/statute-compilations/comps-10401/sec-405A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 405 GENERAL PROVISIONS **[**[25 U.S.C. 5365](/us/usc/t25/s5365)**]** ###
(a)Applicability An Indian Tribe and the Secretary shall include in any compact or funding agreement provisions that reflect the requirements of this title. ###
(b)Conflicts of Interest An Indian Tribe participating in self-governance shall ensure that internal measures are in place to address, pursuant to Tribal law and procedures, conflicts of interest in the administration of programs. ###
(c)Audits ####
(1)Single agency audit act Chapter 75 of title 31, United States Code, shall apply to a funding agreement under this title. ####
(2)Cost principles An Indian Tribe shall apply cost principles under the applicable Office of Management and Budget circular, except as modified by— #####
(A)any provision of law, including section 106; or #####
(B)any exemptions to applicable Office of Management and Budget circulars subsequently granted by the Office of Management and Budget. ####
(3)Federal claims Any claim by the Federal Government against an Indian Tribe relating to funds received under a funding agreement based on any audit under this subsection shall be subject to section 106(f). ###
(d)Redesign and Consolidation Except as provided in section 407, an Indian Tribe may redesign or consolidate programs, or reallocate funds for programs, in a compact or funding agreement in any manner that the Indian Tribe determines to be in the best interest of the Indian community being served— ####
(1)so long as 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; and ####
(2)except that, with respect to the reallocation, consolidation, and redesign of programs described in subsection (b)(2) or
(c)of section 403, a joint agreement between the Secretary and the Indian Tribe shall be required. ###
(e)Retrocession ####
(1)In general An Indian Tribe may fully or partially retrocede to the Secretary any program under a compact or funding agreement. ####
(2)Effective date #####
(A)Agreement Unless an Indian Tribe rescinds a request for retrocession under paragraph (1), the retrocession shall become effective on the date specified by the parties in the compact or funding agreement. #####
(B)No agreement In the absence of a specification of an effective date in the compact or funding agreement, the retrocession shall become effective on— ######
(i)the earlier of— ######
(I)1 year after the date on which the request is submitted; and ######
(II)the date on which the funding agreement expires; or ######
(ii)such date as may be mutually agreed upon by the Secretary and the Indian Tribe. ###
(f)Nonduplication A funding agreement shall provide that, for the period for which, and to the extent to which, funding is provided to an Indian Tribe under this title, the Indian Tribe— ####
(1)shall not be entitled to contract with the Secretary for funds under section 102, except that the Indian Tribe shall be eligible for new programs on the same basis as other Indian Tribes; and ####
(2)shall be responsible for the administration of programs in accordance with the compact or funding agreement. ###
(g)Records ####
(1)In general Unless an Indian Tribe specifies otherwise in the compact or funding agreement, records of an Indian Tribe shall not be considered to be Federal records for purposes of chapter 5 of title 5, United States Code. ####
(2)Recordkeeping system An Indian Tribe shall— #####
(A)maintain a recordkeeping system; and #####
(B)on a notice period of not less than 30 days, provide the Secretary with reasonable access to the records to enable the Department to meet the requirements of sections 3101 through 3106 of title 44, United States Code.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 405
GENERAL PROVISIONS
Cites 1Cited by 0 across 0 sources