Page:United States Statutes at Large Volume 108 Part 5.djvu/771

 PUBLIC LAW 103-413—OCT. 25, 1994 108 STAT. 4261 "SEC. 108. CONTRACT OR GRANT SPECIFICATIONS. 25 USC 450/. "(a) Each self-determination contract entered into under this Act shall— "(1) contain, or incorporate by reference, the provisions of the model agreement described in subsection (c) (with modifications where indicated and the blanks appropriately filled in), and "(2) contain such other provisions as are agreed to by the parties. "(b) Notwithstanding any other provision of law, the Secretary may make payments pursuant to section 1(b)(6) of such model agreement. As provided in section 1(b)(7) of the model agreement, the records of the tribal government or tribal organization specified in such section shall not be considered Federal records for purposes of chapter 5 of title 5, United States Code. "(c) The model agreement referred to in subsection (a)(1) reads as follows: "•SECTION 1. AGREEMENT BETWEEN THE SECRETARY AND THE TRIBAL GOVERNMENT. " '(a) AUTHORITY AND PURPOSE.— "XD AUTHORITY.— Th is agreement, denoted a Self-Determination Contract (referred to in this agreement as the "Contract"), is entered into by the Secretary of the Interior or the Secretary of Health and Human Services (referred to in this agreement as the "Secretary"), for and on behalf of the United States pursuant to title I of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) and by the authority of the tribal government or tribal organization (referred to in this agreement as the "Contractor"). The provisions of title I of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) are incorporated in this agreement. " '(2) PURPOSE. —Each provision of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) and each provision of this Contract shall be liberally construed for the benefit of the Contractor to transfer the funding and the following related functions, services, activities, and programs (or portions thereof), that are otherwise contractable under section 102(a) of such Act, including all related administrative functions, from the Federal Government to the Contractor: (List functions, services, activities, and programs). "'(b) TERMS, PROVISIONS, AND CONDITIONS.— "XD TERM. — Pursuant to section 105(c)(1) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j(c)(l)), the term of this contract shall be years. Pursuant to section 105(d)(1) of such Act (25 U.S.C. 450j(d)), upon the election by the Contractor, the period of this Contract shall be determined on the basis of a calendar year, unless the Secretary and the Contractor agree on a different period in the annual funding agreement incorporated by reference in subsection (f)(2). "'(2) EFFECTIVE DATE.— This Contract shall become effective upon the date of the approval and execution by the Contractor and the Secretary, unless the Contractor and the Secretary agree on an effective date other than the date specified in this paragraph.

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