Page:United States Statutes at Large Volume 108 Part 5.djvu/768

This page needs to be proofread.


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