108 STAT. 4258
PUBLIC LAW 103-413—OCT. 25, 1994
"(i) direct program expenses for the operation of the Federal
program that is the subject of the contract, and
"(ii) any additional administrative or other expense related
to the overhead incurred by the tribal contractor in connection
with the operation of the Federal program, function, service,
or activity pursuant to the contract,
except that such funding shall not duplicate any funding provided
under section 106(a)(1).
"(B) On an annual basis, during such period as a tribe or
tribal organization operates a Federal program, function, service,
or activity pursuant to a contract entered into under this Act,
the tribe or tribal organization shall have the option to negotiate
with the Secretary the amount of funds that the tribe or tribal
organization is entitled to receive under such contract pursuant
to this paragraph.
"(4) For each fiscal year during which a self-determination
contract is in effect, any savings attributable to the operation of
a Federal program, function, service, or activity under a self-determination contract by a tribe or tribal organization (including a
cost reimbursement construction contract) shall—
"(A) be used to provide additional services or benefits under
the contract; or
"(B) be expended by the tribe or tribal organization in
the succeeding fiscal year, as provided in section 8.
"(5) Subject to paragraph (6), during the initial year that a
self-determination contract is in effect, the amount required to
be paid under paragraph (2) shall include startup costs consisting
of the reasonable costs that have been incurred or will be incurred
on a one-time basis pursuant to the contract necessary—
"(A) to plan, prepare for, and assume operation of the
program, function, service, or activity that is the subject of
the contract; and
"(B) to ensure compliance with the terms of the contract
and prudent management.
"(6) Costs incurred before the initial year that a self-determination contract is in effect may not be included in the amount required
to be paid under paragraph (2) if the Secretary does not receive
a written notification of the nature and extent of the costs prior
to the date on which such costs are incurred.";
25 USC 450J-1.
(15) in section 106(c)—
(A) by striking "March 15" and inserting "May 15";
(B) in paragraphs (1) and (2), by striking "indirect
costs" each place it appears and inserting "contract support
costs";
(C) in paragraph (4), by striking "and" at the end;
(D) in paragraph (5), by striking the period at the
end and inserting "; and"; and
(E) by adding at the end the following new paragraph:
"(6) an accounting of any deficiency of funds needed to
maintain the preexisting level of services to any tribes affected
by contracting activities under this Act, and a statement of
the amount of funds needed for transitional purposes to enable
contractors to convert from a Federal fiscal year accounting
cycle to a different accounting cycle, as authorized by section
105(d).";
(16) in section 106(f), by inserting immediately after the
second sentence the following new sentence: "For the purpose
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