Page:United States Statutes at Large Volume 108 Part 5.djvu/774

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108 STAT. 4264 PUBLIC LAW 103-413—OCT. 25, 1994 cally revised by the Secretary, with the concurrence of the Contractor. [•• "XB) 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. " XO 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, services, functions, and activities operated pursuant to this Contract. "'(E) CONFISCATED OR EXCESS PROPERTY.— The Secretary shall assist the Contractor in obtaining such confiscated 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 securing the use of the card. " '(G) CAPITAL EQUIPMENT.— The Contractor shall determine 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 purposes of this Contract, the term "third-party mediation" means a form of mediation whereby the Secretary and