§5365 General Provisions

Summary

Indian Tribes and the Secretary must put these rules into any compact or funding agreement. Tribes must have internal rules under Tribal law to handle conflicts of interest in running programs. Chapter 75 of title 31 applies to these funding agreements. Tribes must follow the Office of Management and Budget cost rules unless a law (including section 5325) or an OMB exemption changes them. Any Federal claim against a Tribe from an audit is handled under section 5325(f). A Tribe may redesign, combine, or move funds among programs if it helps the community and does not cut off people who are eligible under Federal law, but changing certain programs listed in 5363(b)(2) or (c) needs a joint agreement with the Secretary. A Tribe may give a program back to the Secretary, and the compact or funding agreement must say when that retrocession takes effect; if no date is set, it takes effect no later than the earlier of one year after the request or when the funding agreement ends, unless the parties agree on another date. While a Tribe is funded under this subchapter, it cannot also get funds under section 5321 (but it can apply for new programs like other Tribes) and must run programs as agreed. Tribe records are not Federal records unless the Tribe says so. Tribes must keep records and let the Secretary see them with at least 30 days’ notice so the Department can meet the requirements of sections 3101–3106 of title 44.