H. R. 4842—13
‘‘ ‘(3) PROGRAM
STANDARD.—The Contractor agrees to
administer the program, services, functions and activities (or
portions thereof) listed in subsection (a)(2) of the Contract
in conformity with the following standards: (list standards).
‘‘ ‘(4) FUNDING
AMOUNT.—Subject to the availability of
appropriations, the Secretary shall make available to the Con-
tractor the total amount specified in the annual funding agree-
ment incorporated by reference in subsection (f)(2). Such
amount shall not be less than the applicable amount determined
pursuant to section 106(a) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450j–1).
‘‘ ‘(5) LIMITATION OF COSTS.—The Contractor shall not be
obligated to continue performance that requires an expenditure
of funds in excess of the amount of funds awarded under
this Contract. If, at any time, the Contractor has reason to
believe that the total amount required for performance of this
Contract or a specific activity conducted under this Contract
would be greater than the amount of funds awarded under
this Contract, the Contractor shall provide reasonable notice
to the appropriate Secretary. If the appropriate Secretary does
not take such action as may be necessary to increase the
amount of funds awarded under this Contract, the Contractor
may suspend performance of the Contract until such time as
additional funds are awarded.
‘‘ ‘(6) PAYMENT.—
‘‘ ‘(A) IN GENERAL.—Payments to the Contractor under
this Contract shall—
‘‘ ‘(i) be made as expeditiously as practicable; and
‘‘ ‘(ii) include financial arrangements to cover fund-
ing during periods covered by joint resolutions adopted
by Congress making continuing appropriations, to the
extent permitted by such resolutions.
‘‘ ‘(B) QUARTERLY, SEMIANNUAL, LUMP-SUM, AND OTHER
METHODS OF PAYMENT.—
‘‘ ‘(i) IN GENERAL.—Pursuant to section 108(b) of
the Indian Self-Determination and Education Assist-
ance Act, and notwithstanding any other provision of
law, for each fiscal year covered by this Contract, the
Secretary shall make available to the Contractor the
funds specified for the fiscal year under the annual
funding agreement incorporated by reference pursuant
to subsection (f)(2) by paying to the Contractor, on
a quarterly basis, one-quarter of the total amount pro-
vided for in the annual funding agreement for that
fiscal year, in a lump-sum payment or as semiannual
payments, or any other method of payment authorized
by law, in accordance with such method as may be
requested by the Contractor and specified in the annual
funding agreement.
‘‘ ‘(ii) METHOD OF QUARTERLY PAYMENT.—If quar-
terly payments are specified in the annual funding
agreement incorporated by reference pursuant to sub-
section (f)(2), each quarterly payment made pursuant
to clause (i) shall be made on the first day of each
quarter of the fiscal year, except that in any case
in which the Contract year coincides with the Federal
fiscal year, payment for the first quarter shall be made
H. R. 4842—14
not later than the date that is 10 calendar days after
the date on which the Office of Management and
Budget apportions the appropriations for the fiscal year
for the programs, services, functions, and activities
subject to this Contract.
‘‘ ‘(iii) APPLICABILITY.—Chapter 39 of title 31,
United States Code, shall apply to the payment of
funds due under this Contract and the annual funding
agreement referred to in clause (i).
‘‘ ‘(7) RECORDS AND MONITORING.—
‘‘ ‘(A) IN GENERAL.—Except for previously provided cop-
ies of tribal records that the Secretary demonstrates are
clearly required to be maintained as part of the record-
keeping system of the Department of the Interior or the
Department of Health and Human Services (or both),
records of the Contractor shall not be considered Federal
records for purposes of chapter 5 of title 5, United States
Code.
‘‘ ‘(B) RECORDKEEPING SYSTEM.—The Contractor shall
maintain a recordkeeping system and, upon reasonable
advance request, provide reasonable access to such records
to the Secretary.
‘‘ ‘(C) RESPONSIBILITIES OF CONTRACTOR.—The Contrac-
tor shall be responsible for managing the day-to-day oper-
ations conducted under this Contract and for monitoring
activities conducted under this Contract to ensure compli-
ance with the Contract and applicable Federal require-
ments. With respect to the monitoring activities of the
Secretary, the routine monitoring visits shall be limited
to not more than one performance monitoring visit for
this Contract by the head of each operating division, depart-
mental bureau, or departmental agency, or duly authorized
representative of such head unless—
‘‘ ‘(i) the Contractor agrees to one or more addi-
tional visits; or
‘‘ ‘(ii) the appropriate official determines that there
is reasonable cause to believe that grounds for
reassumption of the Contract, suspension of Contract
payments, or other serious Contract performance defi-
ciency may exist.
No additional visit referred to in clause (ii) shall be made
until such time as reasonable advance notice that includes
a description of the nature of the problem that requires
the additional visit has been given to the Contractor.
‘‘ ‘(8) PROPERTY.—
‘‘ ‘(A) IN GENERAL.—As provided in section 105(f) of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450j(f)), at the request of the Contractor,
the Secretary may make available, or transfer to the Con-
tractor, all reasonably divisible real property, facilities,
equipment, and personal property that the Secretary has
used to provide or administer the programs, services, func-
tions, and activities covered by this Contract. A mutually
agreed upon list specifying the property, facilities, and
equipment so furnished shall also be prepared by the Sec-
retary, with the concurrence of the Contractor, and periodi-
H. R. 4842—15
cally revised by the Secretary, with the concurrence of
the Contractor.
‘‘ ‘(B) RECORDS.—The Contractor shall maintain a
record of all property referred to in subparagraph (A) or
other property acquired by the Contractor under section
105(f)(2)(A) of such Act for purposes of replacement.
‘‘ ‘(C) JOINT USE AGREEMENTS.—Upon the request of
the Contractor, the Secretary and the Contractor shall
enter into a separate joint use agreement to address the
shared use by the parties of real or personal property
that is not reasonably divisible.
‘‘ ‘(D) ACQUISITION
OF
PROPERTY.—The Contractor is
granted the authority to acquire such excess property as
the Contractor may determine to be appropriate in the
judgment of the Contractor to support the programs, serv-
ices, functions, and activities operated pursuant to this
Contract.
‘‘ ‘(E) CONFISCATED
OR
EXCESS
PROPERTY.—The Sec-
retary shall assist the Contractor in obtaining such con-
fiscated or excess property as may become available to
tribes, tribal organizations, or local governments.
‘‘ ‘(F) SCREENER
IDENTIFICATION
CARD.—A screener
identification card (General Services Administration form
numbered 2946) shall be issued to the Contractor not later
than the effective date of this Contract. The designated
official shall, upon request, assist the Contractor in secur-
ing the use of the card.
‘‘ ‘(G) CAPITAL EQUIPMENT.—The Contractor shall deter-
mine the capital equipment, leases, rentals, property, or
services the Contractor requires to perform the obligations
of the Contractor under this subsection, and shall acquire
and maintain records of such capital equipment, property
rentals, leases, property, or services through applicable
procurement procedures of the Contractor.
‘‘ ‘(9) AVAILABILITY OF FUNDS.—Notwithstanding any other
provision of law, any funds provided under this Contract—
‘‘ ‘(A) shall remain available until expended; and
‘‘ ‘(B) with respect to such funds, no further—
‘‘ ‘(i) approval by the Secretary, or
‘‘ ‘(ii) justifying documentation from the Contractor,
shall be required prior to the expenditure of such funds.
‘‘ ‘(10) TRANSPORTATION.—Beginning on the effective date
of this Contract, the Secretary shall authorize the Contractor
to obtain interagency motor pool vehicles and related services
for performance of any activities carried out under this
Contract.
‘‘ ‘(11) FEDERAL PROGRAM GUIDELINES, MANUALS, OR POLICY
DIRECTIVES.—Except as specifically provided in the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450
et seq.) the Contractor is not required to abide by program
guidelines, manuals, or policy directives of the Secretary, unless
otherwise agreed to by the Contractor and the Secretary, or
otherwise required by law.
‘‘ ‘(12) DISPUTES.—
‘‘ ‘(A) THIRD-PARTY MEDIATION DEFINED.—For the pur-
poses of this Contract, the term ‘‘third-party mediation’’
means a form of mediation whereby the Secretary and
H. R. 4842—16
the Contractor nominate a third party who is not employed
by or significantly involved with the Secretary of the
Interior, the Secretary of Health and Human Services,
or the Contractor, to serve as a third-party mediator to
mediate disputes under this Contract.
‘‘ ‘(B) ALTERNATIVE PROCEDURES.—In addition to, or as
an alternative to, remedies and procedures prescribed by
section 110 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450m–1), the parties to this
Contract may jointly—
‘‘ ‘(i) submit disputes under this Contract to third-
party mediation;
‘‘ ‘(ii) submit the dispute to the adjudicatory body
of the Contractor, including the tribal court of the
Contractor;
‘‘ ‘(iii) submit the dispute to mediation processes
provided for under the laws, policies, or procedures
of the Contractor; or
‘‘ ‘(iv) use the administrative dispute resolution
processes authorized in subchapter IV of chapter 5
of title 5, United States Code.
‘‘ ‘(C) EFFECT OF DECISIONS.—The Secretary shall be
bound by decisions made pursuant to the processes set
forth in subparagraph (B), except that the Secretary shall
not be bound by any decision that significantly conflicts
with the interests of Indians or the United States.
‘‘ ‘(13) ADMINISTRATIVE
PROCEDURES
OF
CONTRACTOR.—
Pursuant to the Indian Civil Rights Act of 1968 (25 U.S.C.
1301 et seq.), the laws, policies, and procedures of the Contrac-
tor shall provide for administrative due process (or the equiva-
lent of administrative due process) with respect to programs,
services, functions, and activities that are provided by the Con-
tractor pursuant to this Contract.
‘‘ ‘(14) SUCCESSOR ANNUAL FUNDING AGREEMENT.—
‘‘ ‘(A) IN GENERAL.—Negotiations for a successor annual
funding agreement, provided for in subsection (f)(2), shall
begin not later than 120 days prior to the conclusion of
the preceding annual funding agreement. Except as pro-
vided in section 105(c)(2) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450j(c)(2)) the
funding for each such successor annual funding agreement
shall only be reduced pursuant to section 106(b) of such
Act (25 U.S.C. 450j–1(b)).
‘‘ ‘(B) INFORMATION.—The Secretary shall prepare and
supply relevant information, and promptly comply with
any request by the Contractor for information that the
Contractor reasonably needs to determine the amount of
funds that may be available for a successor annual funding
agreement, as provided for in subsection (f)(2) of this
Contract.
‘‘ ‘(15) 
CONTRACT
REQUIREMENTS; 
APPROVAL
BY
SEC-
RETARY.—
‘‘ ‘(A) IN
GENERAL.—Except as provided in subpara-
graph (B), for the term of the Contract, section 2103 of
the Revised Statutes (25 U.S.C. 81) and section 16 of the
Act of June 18, 1934 (48 Stat. 987, chapter 576; 25 U.S.C.