§5365 General provisions

Summary

Include in every compact or funding agreement the rules this subchapter requires. An Indian Tribe must have internal rules under its own law to prevent conflicts of interest when it runs programs. Chapter 75 of title 31 applies to these funding agreements. The Tribe must follow cost rules in the applicable Office of Management and Budget circular, unless a law (including section 5325) or an OMB exemption changes those rules. Any federal claim against the Tribe from an audit is subject to section 5325(f). A Tribe may redesign, combine, or move funds among programs if doing so is best for the community, so long as eligible groups do not lose services; changes to programs listed in section 5363(b)(2) or (c) need a joint agreement with the Secretary. A Tribe may partly or fully give a program back to the Secretary (retrocede). The retrocession takes effect on the date the parties set, or if no date is set, on the earlier of 1 year after the request or when the funding agreement ends, unless they agree on another date. While funded under this subchapter, a Tribe cannot also contract for funds under section 5321, though it can compete for new programs like other Tribes, and it must run programs as the compact or funding agreement requires. Tribe records are not federal records unless the Tribe says so. The Tribe must keep records and give the Secretary reasonable access with at least 30 days’ notice so the Department can meet sections 3101 through 3106 of title 44.