108 STAT. 4274
PUBLIC LAW 103-413—OCT. 25, 1994
"(B) shall be responsible for the administration of programs, services, functions, and activities pursuant to agreements entered into under this section; and
"(9) prohibit the Secretary from waiving, modifying, or
diminishing in any way the trust responsibility of the United
States with respect to Indian tribes and individual Indians
that exists under treaties. Executive orders, and other laws.
"(c) ADDITIONAL ACTIVITIES.— Each funding agreement negotiated pursuant to subsections (a) and (b) may, in accordance to
such additional terms as the parties deem appropriate, also include
other programs, services, functions, and activities, or portions
thereof, administered by the Secretary of the Interior which are
of special geographic, historical, or cultural significance to the
participating Indian tribe requesting a compact.
"(d) PROVISIONS RELATING TO THE SECRETARY.—Funding agreements negotiated between the Secretary and an Indian tribe shall
include provisions—
"(1) to monitor the performance of trust functions by the
tribe through the annual trust evaluation, and
"(2) for the Secretary to reassume a program, service, function, or activity, or portions thereof, if there is a finding of
imminent jeopardy to a physical trust asset, natural resources,
or public health and safety.
"(e) CONSTRUCTION PROJECTS.—(1) Regarding construction programs or projects, the Secretary and Indian tribes may negotiate
for the inclusion of specific provisions of the Office of Federal
Procurement and Policy Act and Federal acquisition regulations
in any funding agreement entered into under this Act. Absent
a negotiated agreement, such provisions and regulatory requirements shall not apply.
"(2) In all construction projects performed pursuant to this
title, the Secretary shall ensure that proper health and safety
standards are provided for in the funding agreements.
"(f) SUBMISSION FOR REVIEW.—Not later than 90 days before
the proposed effective date of an agreement entered into under
this section, the Secretary shall submit a copy of such agreement
to—
"(1) each Indian tribe that is served by the Agency that
is serving the tribe that is a party to the funding agreement;
"(2) the Committee on Indian Affairs of the Senate; and
"(3) the Subcommittee on Native American Affairs of the
Committee on Natural Resources of the House of Representatives.
"(g) PAYMENT. — (1) At the request of the governing body of
the tribe and under the terms of an agreement entered into under
this section, the Secretary shall provide funding to the tribe to
carry out the agreement.
"(2) The funding agreements authorized by this title and title
III of this Act shall provide for advance payments to the tribes
in the form of annual or semi-annual installments at the discretion
of the tribes.
"(3) Subject to paragraph (4) of this subsection and paragraphs
(1) through (3) of subsection (b), the Secretary shall provide funds
to the tribe under an agreement under this title for programs,
services, functions, and activities, or portions thereof, in an amount
equal to the amount that the tribe would have been eligible to
receive under contracts and grants under this Act, including
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