25 USC 5365 - General provisions

U.S Code last checked for updates: Apr 26, 2024

§ 5365.

General provisions

(a)

Applicability

(b)

Conflicts of interest

(c)

Audits

(1)

Single Agency Audit Act

(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 5325 of this title; or

(B)

any exemptions to applicable Office of Management and Budget circulars subsequently granted by the Office of Management and Budget.

(3)

Federal claims

(d)

Redesign and consolidation

Except as provided in section 5367 of this title, 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 5363 of this title, a joint agreement between the Secretary and the Indian Tribe shall be required.

(e)

Retrocession

(1)

In general

(2)

Effective date

(A)

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 subchapter, the Indian Tribe—

(1)

shall not be entitled to contract with the Secretary for funds under section 5321 of this title, 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

(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.

(Pub. L. 93–638, title IV, § 405, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 865.)

cite as: 25 USC 5365