Page:United States Statutes at Large Volume 114 Part 1.djvu/758

 114 STAT. 722 PUBLIC LAW 106-260—AUG. 18, 2000 shall have the burden of demonstrating by clear and convincing evidence the validity of the grounds for rejecting the offer (or a provision thereof) made under subsection (b). "(e) GOOD FAITH. — In the negotiation of compacts and funding agreements the Secretary shall at all times negotiate in good faith to maximize implementation of the self-governance policy. The Secretary shall carry out this title in a manner that maximizes the policy of tribal self-governance, in a manner consistent with the purposes specified in section 3 of the Tribal Self-Governance Amendments of 2000. "(f) SAVINGS.—To the extent that programs, functions, services, or activities (or portions thereof) carried out by Indian tribes under this title reduce the administrative or other responsibilities of the Secretary with respect to the operation of Indian programs and result in savings that have not otherwise been included in the amount of tribal shares and other funds determined under section 508(c), the Secretary shall make such savings available to the Indian tribes, inter-tribal consortia, or tribal organizations for the provision of additional services to program beneficiaries in a manner equitable to directly served, contracted, and compacted programs. "(g) TRUST RESPONSIBILITY. — The Secretary is prohibited from waiving, modifjang, 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, other laws, or court decisions. "(h) DECISIONMAKER. —^A decision that constitutes final agency action and relates to an appeal within the Department of Health and Human Services conducted under subsection (c) shall be made either— "(1) by an official of the Department who holds a position at a higher organizational level within the Department than the level of the departmental agency in which the decision that is the subject of the appeal was made; or "(2) by an administrative judge. 25 USC "SEC. 508. TRANSFER OF FUNDS. 458aaa—7 "(a) IN GENERAL. — Pursuant to the terms of any compact or funding agreement entered into under this title, the Secretary shall transfer to the Indian tribe all funds provided for in the funding agreement, pursuant to subsection (c), and provide funding for periods covered by joint resolution adopted by Congress making continuing appropriations, to the extent permitted by such resolutions. In any instance where a funding agreement requires an annual transfer of funding to be made at the beginning of a fiscal year, or requires semiannual or other periodic transfers of funding to be made commencing at the beginning of a fiscal year, the first such transfer shall be made not later than 10 days after the apportionment of such funds by the Office of Management and Budget to the Department, unless the funding agreement provides otherwise. "(b) MULTIYEAR FUNDING. —The Secretary is authorized to employ, upon tribal request, multiyear funding agreements. Ref- erences in this title to funding agreements shall include such multiyear funding agreements. "(c) AMOUNT OF FUNDING.— The Secretary shall provide funds under a funding agreement under this title in an amount equal to the amount that the Indian tribe would have been entitled

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