Page:United States Statutes at Large Volume 114 Part 1.djvu/756

 114 STAT. 720 PUBLIC LAW 106-260—AUG. 18, 2000 Deadline. "(1) HEALTH STATUS REPORTS. —Compacts or funding agreements negotiated between the Secretary and an Indian tribe shall include a provision that requires the Indian tribe to report on health status and service delivery— "(A) to the extent such data is not otherwise available to the Secretary and specific funds for this purpose are provided by the Secretary under the funding agreement; and "(B) if such reporting shall impose minimal burdens on the participating Indian tribe and such requirements are promulgated under section 517. "(2) REASSUMPTION.— "(A) IN GENERAL. —Compacts or funding agreements negotiated between the Secretary and an Indian tribe shall include a provision authorizing the Secretary to reassume operation of a program, service, function, or activity (or portions thereof) and associated funding if there is a specific finding relative to that program, service, function, or activity (or portion thereof) of— "(i) imminent endangerment of the public health caused by an act or omission of the Indian tribe, and the imminent endangerment arises out of a failure to carry out the compact or funding agreement; or "(ii) gross mismanagement with respect to funds transferred to a tribe by a compact or funding agreement, as determined by the Secretary in consultation with the Inspector General, as appropriate. "(B) PROHIBITION.— The Secretary shall not reassume operation of a program, service, function, or activity (or portions thereof) unless— "(i) the Secretary has first provided written notice and a hearing on the record to the Indian tribe; and "(ii) the Indian tribe has not taken corrective action to remedy the imminent endangerment to public health or gross mismanagement. " (C) EXCEPTION. — "(i) IN GENERAL. —Notwithstanding subparagraph (B), the Secretary may, upon written notification to the Indian tribe, immediately reassume operation of a program, service, function, or activity (or portion thereof) if— "(I) the Secretary makes a finding of imminent substantial and irreparable endangerment of the public health caused by an act or omission of the Indian tribe; and "(II) the endangerment arises out of a failure to carry out the compact or funding agreement. "(ii) REASSUMPTION. —I f the Secretary reassumes operation of a program, service, function, or activity (or portion thereof) under this subparagraph, the Secretary shall provide the Indian tribe with a hearing on the record not later than 10 days after such reassumption. "(D) HEARINGS.— In any hearing or appeal involving a decision to reassume operation of a program, service, function, or activity (or portion thereof), the Secretary shall have the burden of proof of demonstrating by clear and

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