funding agreement without the consent of the Indian tribe, 
unless such terms are specifically required by Federal stat-
ute to apply to agreements under this title. 
‘‘(d) EFFECTIVE DATE.—A funding agreement shall 
become effective on the date specified in the funding 
agreement. 
‘‘(e) EXISTING AND SUBSEQUENT FUNDING AGREE-
MENTS.— 
‘‘(1) SUBSEQUENT
FUNDING
AGREEMENTS.— 
Absent notification from an Indian tribe that it is 
withdrawing or retroceding the operation of one or 
more programs identified in a funding agreement, or 
unless otherwise agreed to by the parties to the 
funding agreement— 
‘‘(A) a funding agreement shall remain in 
full force and in effect until a subsequent fund-
ing agreement is executed; and 
‘‘(B) the term of the subsequent funding 
agreement shall be retroactive to the end of the 
term of the preceding funding agreement for 
the purposes of calculating the amount of fund-
ing to which the Indian tribe is entitled. 
‘‘(2) DISPUTES.—Disputes over the implemen-
tation of paragraph (1)(A) shall be subject to section 
407(c). 
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‘‘(3) EXISTING
FUNDING
AGREEMENTS.—An 
Indian tribe that was participating in self-govern-
ance under this title on the date of enactment of the 
Department of the Interior Tribal Self-Governance 
Act of 2009 shall have the option at any time after 
that date— 
‘‘(A) to retain its existing funding agree-
ment (in whole or in part) to the extent that 
the provisions of that funding agreement are 
not directly contrary to any express provision of 
this title; or 
‘‘(B) to negotiate a new funding agreement 
in a manner consistent with this title. 
‘‘(4) MULTIYEAR FUNDING AGREEMENTS.—An 
Indian tribe may, at the discretion of the Indian 
tribe, negotiate with the Secretary for a funding 
agreement with a term that exceeds one year. 
‘‘SEC. 406. GENERAL PROVISIONS. 
‘‘(a) APPLICABILITY.—An Indian tribe may include 
in any compact or funding agreement provisions that re-
flect the requirements of this title. 
‘‘(b) CONFLICTS
OF INTEREST.—An Indian tribe 
participating in self-governance shall ensure that internal 
measures are in place to address, pursuant to tribal law 
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and procedures, conflicts of interest in the administration 
of programs. 
‘‘(c) AUDITS.— 
‘‘(1) SINGLE AGENCY AUDIT ACT.—Chapter 75 
of title 31, United States Code, shall apply to a 
funding agreement under this title. 
‘‘(2) COST PRINCIPLES.—An Indian tribe shall 
apply cost principles under the applicable Office of 
Management and Budget circular, except as modi-
fied by— 
‘‘(A) any provision of law, including section 
106 of this Act; or 
‘‘(B) any exemptions to applicable Office 
of Management and Budget circulars subse-
quently granted by the Office of Management 
and Budget. 
‘‘(3) FEDERAL CLAIMS.—Any claim by the Fed-
eral Government against the Indian tribe relating to 
funds received under a funding agreement based on 
any audit under this subsection shall be subject to 
the provisions of section 106(f). 
‘‘(d) REDESIGN AND CONSOLIDATION.—An Indian 
tribe may redesign or consolidate programs or reallocate 
funds for programs in any manner that the Indian tribe 
deems to be in the best interest of the Indian community 
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being served, 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 ap-
plicable Federal law. 
‘‘(e) RETROCESSION.— 
‘‘(1) IN GENERAL.—An Indian tribe may fully 
or partially retrocede to the Secretary any program 
under a compact or funding agreement. 
‘‘(2) EFFECTIVE DATE.— 
‘‘(A) AGREEMENT.—Unless the Indian 
tribe rescinds the request for retrocession, such 
retrocession shall become effective on the date 
specified by the parties in the compact or fund-
ing agreement. 
‘‘(B) NO AGREEMENT.—In the absence of 
a specification of an effective date in the com-
pact or funding agreement, the retrocession 
shall become effective on— 
‘‘(i) the earlier of— 
‘‘(I) one year after the date of 
submission of such request; or 
‘‘(II) the date on which the fund-
ing agreement expires; or 
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‘‘(ii) such date as may be mutually 
agreed upon by the Secretary and the In-
dian 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 
title, the Indian tribe— 
‘‘(1) shall not be entitled to contract with the 
Secretary for funds under section 102, except that 
such 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.—Unless an Indian tribe 
specifies otherwise in the compact or funding agree-
ment, records of an Indian tribe shall not be consid-
ered Federal records for purposes of chapter 5 of 
title 5, United States Code. 
‘‘(2) RECORDKEEPING
SYSTEM.—An Indian 
tribe shall— 
‘‘(A) maintain a recordkeeping system; and 
‘‘(B) on 30 days’ notice, provide the Sec-
retary with reasonable access to the records to 
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enable the Department to meet the require-
ments of sections 3101 through 3106 of title 
44, United States Code. 
‘‘SEC. 407. PROVISIONS RELATED TO THE SECRETARY. 
‘‘(a) TRUST EVALUATIONS.—A funding agreement 
shall include a provision to monitor the performance of 
trust functions by the Indian tribe through the annual 
trust evaluation. 
‘‘(b) REASSUMPTION.— 
‘‘(1) IN
GENERAL.—A compact or funding 
agreement shall include provisions for the Secretary 
to reassume a program and associated funding if 
there is a specific finding relating to that program 
of— 
‘‘(A) imminent jeopardy to a physical trust 
asset, natural resources, or public health and 
safety that— 
‘‘(i) is caused by an act or omission of 
the Indian tribe; and 
‘‘(ii) arises out of a failure to carry 
out the compact or funding agreement; or 
‘‘(B) gross mismanagement with respect to 
funds transferred to an Indian tribe under a 
compact or funding agreement, as determined 
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