Page:United States Statutes at Large Volume 108 Part 5.djvu/775

 • ''-'W PUBLIC LAW 103-413—OCT. 25, 1994 108 STAT. 4265 the Contractor nominate a third party who is not employed by or significantly involved with the Secretary of the Interior, the Secretary of Health and Human Services, or the Contractor, to serve as a third-party mediator to mediate disputes under this Contract. " '(B) ALTERNATIVE PROCEDURES.— In addition to, or as an alternative to, remedies and procedures prescribed by section 110 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450m-l), the parties to this Contract may jointly— "'(i) submit disputes under this Contract to thirdparty mediation; " '(ii) submit the dispute to the adjudicatory body of the Contractor, including the tribal court of the Contractor; "'(iii) submit the dispute to mediation processes provided for under the laws, policies, or procedures of the Contractor; or "*(iv) use the administrative dispute resolution processes authorized in subchapter IV of chapter 5 of title 5, United States Code. "'(C) EFFECT OF DECISIONS. —The Secretary shall be bound by decisions made pursuant to the processes set forth in subparagraph (B), except that the Secretary shall not be bound by any decision that significantly conflicts with the interests of Indians or the United States. "'(13) ADMINISTRATIVE PROCEDURES OF CONTRACTOR.— Pursuant to the Indian Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.), the laws, policies, and procedures of the Contractor shall provide for administrative due process (or the equivalent of administrative due process) with respect to programs, services, functions, and activities that are provided by the Contractor pursuant to this Contract. "'(14) SUCCESSOR ANNUAL FUNDING AGREEMENT. — " '(A) IN GENERAL. —Negotiations for a successor annual funding agreement, provided for in subsection (f)(2), shall begin not later than 120 days prior to the conclusion of the preceding annual funding agreement. Except as provided in section 105(c)(2) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j(c)(2)) the funding for each such successor annual funding agreement shall only be reduced pursuant to section 106(b) of such Act (25 U.S.C. 450j-l(b)). " '(B) INFORMATION.—The Secretary shall prepare and supply relevant information, and promptly comply with any request by the Contractor for information that the Contractor reasonably needs to determine the amount of funds that may be available for a successor annual funding agreement, as provided for in subsection (f)(2) of this Contract. "'(15) CONTRACT REQUIREMENTS; APPROVAL BY SEC- RETARY. — "'(A) IN GENERAL. —Except as provided in subparagraph (B), for the term of the Contract, section 2103 of the Revised Statutes (25 U.S.C. 81) and section 16 of the Act of June 18, 1934 (48 Stat. 987, chapter 576; 25 U.S.C.

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