25 USC 5386 - General provisions

U.S Code last checked for updates: Nov 22, 2024

§ 5386.

General provisions

(a)

Applicability

(b)

Conflicts of interest

(c)

Audits

(1)

Single Agency Audit Act

(2)

Cost principles

(d)

Records

(1)

In general

(2)

Recordkeeping system

(e)

Redesign and consolidation

(f)

Retrocession

An Indian tribe may retrocede, fully or partially, to the Secretary programs, services, functions, or activities (or portions thereof) included in the compact or funding agreement. Unless the Indian tribe rescinds the request for retrocession, such retrocession will become effective within the timeframe specified by the parties in the compact or funding agreement. In the absence of such a specification, such retrocession shall become effective on—

(1)

the earlier of—

(A)

1 year after the date of submission of such request; or

(B)

the date on which the funding agreement expires; or

(2)

such date as may be mutually agreed upon by the Secretary and the Indian tribe.

(g)

Withdrawal

(1)

Process

(A)

In general

(B)

Effective date

The withdrawal referred to in subparagraph (A) shall become effective within the timeframe specified in the resolution which authorizes transfer to the participating tribal organization or inter-tribal consortium. In the absence of a specific timeframe set forth in the resolution, such withdrawal shall become effective on—

(i)

the earlier of—

(I)

1 year after the date of submission of such request; or

(II)

the date on which the funding agreement expires; or

(ii)

such date as may be mutually agreed upon by the Secretary, the withdrawing Indian tribe, and the participating tribal organization or inter-tribal consortium that has signed the compact or funding agreement on behalf of the withdrawing Indian tribe, inter-tribal consortium, or tribal organization.

(2)

Distribution of funds

When an Indian tribe or tribal organization eligible to enter into a self-determination contract under subchapter I of this chapter or a compact or funding agreement under this subchapter fully or partially withdraws from a participating inter-tribal consortium or tribal organization—

(A)

the withdrawing Indian tribe or tribal organization shall be entitled to its tribal share of funds supporting those programs, services, functions, or activities (or portions thereof) that the Indian tribe will be carrying out under its own self-determination contract or compact and funding agreement (calculated on the same basis as the funds were initially allocated in the funding agreement of the inter-tribal consortium or tribal organization); and

(B)

the funds referred to in subparagraph (A) shall be transferred from the funding agreement of the inter-tribal consortium or tribal organization, on the condition that the provisions of sections 5321 and 5324(i) of this title, as appropriate, shall apply to that withdrawing Indian tribe.

(3)

Regaining mature contract status

(h)

Nonduplication

(Pub. L. 93–638, title V, § 506, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 717.)

cite as: 25 USC 5386