Page:United States Statutes at Large Volume 114 Part 1.djvu/757

 PUBLIC LAW 106-260—AUG. 18, 2000 114 STAT. 721 convincing evidence the validity of the grounds for the reassumption. "(b) FINAL OFFER. — In the event the Secretary and a participating Indian tribe are unable to agree, in whole or in part, on the terms of a compact or funding agreement (including funding levels), the Indian tribe may submit a final offer to the Secretary. Not more than 45 days after such submission, or within a longer Deadline, time agreed upon by the Indian tribe, the Secretary shall review and make a determination with respect to such offer. In the absence of a timely rejection of the offer, in whole or in part, made in compliance with subsection (c), the offer shall be deemed agreed to by the Secretary. " (c) REJECTION OF FINAL OFFERS.— "(1) IN GENERAL.— If the Secretary rejects an offer made under subsection (b) (or one or more provisions or funding levels in such offer), the Secretary shall provide— "(A) a timely written notification to the Indian tribe that contains a specific finding that clearly demonstrates, or that is supported by a controlling legal authority, that— "(i) the amount of funds proposed in the final offer exceeds the applicable funding level to which the Indian tribe is entitled under this title; "(ii) the program, function, service, or activity (or portion thereof) that is the subject of the final offer is an inherent Federal function that cannot legally be delegated to an Indian tribe; "(iii) the Indian tribe cannot carry out the program, function, service, or activity (or portion thereof) in a manner that would not result in significant danger or risk to the public health; or "(iv) the Indian tribe is not eligible to participate in self-governance under section 503; "(B) technical assistance to overcome the objections stated in the notification required by subparagraph (A); "(C) the Indian tribe with a hearing on the record with the right to engage in full discovery relevant to any issue raised in the matter and the opportunity for appeal on the objections raised, except that the Indian tribe may, in lieu of filing such appeal, directly proceed to initiate an action in a Federal district court pursuant to section 110(a); and "(D) the Indian tribe with the option of entering into the severable portions of a final proposed compact or funding agreement, or provision thereof, (including a lesser ' funding amount, if any), that the Secretary did not reject, subject to any additional alterations necessary to conform the compact or funding agreement to the severed provisions. "(2) EFFECT OF EXERCISING CERTAIN OPTION.—I f an Indian tribe exercises the option specified in paragraph (1)(D), that Indian tribe shall retain the right to appeal the Secretary's rejection under this section, and subparagraphs (A), (B), and (C) of that paragraph shall only apply to that portion of the proposed final compact, funding agreement, or provision thereof that was rejected by the Secretary. "(d) BURDEN OF PROOF.— With respect to any hearing or appeal or civil action conducted pursuant to this section, the Secretary

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