§5365 General Provisions

Summary

An Indian Tribe and the Secretary must put rules in any compact or funding agreement that follow this subchapter. The Tribe must have internal rules under its own law to handle conflicts of interest when running programs. Audits of funding agreements follow the Single Audit Act (chapter 75 of title 31). The Tribe must follow Office of Management and Budget cost rules unless another law (including section 5325) or an OMB exemption changes them. Any federal claim against a Tribe from those audits is handled under section 5325(f). A Tribe may redesign, combine, or move funds among its programs if it thinks that is best, as long as it does not make groups lose services they are eligible for under federal law. For certain programs named in section 5363(b)(2) or (c), the Tribe and the Secretary must agree together. A Tribe may give back all or part of a program to the Secretary. If the agreement names an effective date, that date controls; if not, the return takes effect on the earlier of 1 year after the request or the funding agreement’s end, unless both sides pick another date. While funded under this subchapter, a Tribe cannot also contract for funds under section 5321 (but can seek new programs like other Tribes) and must run programs as agreed. Tribal records are not federal records unless the Tribe says so. The Tribe must keep records and, with at least 30 days’ notice, give the Secretary reasonable access so the Department can meet sections 3101–3106 of title 44.