Federal · Title 25 — Indians
25 U.S.C. § 5365: General provisions
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An Indian Tribe and the Secretary shall include in any compact or funding agreement provisions that reflect the requirements of this subchapter. An Indian Tribe participating in self-governance shall ensure that internal measures are in place to address, pursuant to Tribal law and procedures, conflicts of interest in the administration of programs. Chapter 75 of title 31 shall apply to a funding agreement under this subchapter. any provision of law, including section 5325 of this title ; or any exemptions to applicable Office of Management and Budget circulars subsequently granted by the Office of Management and Budget. Any claim by the Federal Government against an Indian Tribe relating to funds received under a funding agreement based on any audit under this subsection shall be subject to section 5325(f) of this title . 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 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. An Indian Tribe may fully or partially retrocede to the Secretary any program under a compact or funding agreement. Unless an Indian Tribe rescinds a request for retrocession under paragraph (1), the retrocession shall become effective on the date specified by the parties in the compact or funding agreement. 1 year after the date on which the request is submitted; and the date on which the funding agreement expires; or such date as may be mutually agreed upon by the Secretary and the Indian Tribe. 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 shall be responsible for the administration of programs in accordance with the compact or funding agreement. Unless an Indian Tribe specifies otherwise in the compact or funding agreement, records of an Indian Tribe shall not be considered to be Federal records for purposes of chapter 5 of title 5. maintain a recordkeeping system; and 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.
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