Page:United States Statutes at Large Volume 114 Part 1.djvu/759

 PUBLIC LAW 106-260—AUG. 18, 2000 114 STAT. 723 to receive under self-determination contracts under this Act, including amounts for direct program costs specified under section 106(a)(1) and amounts for contract support costs specified under section 106(a)(2), (3), (5), and (6), including any funds that are specifically or functionally related to the provision by the Secretary of services and benefits to the Indian tribe or its members, all without regard to the organizational level within the Department where such functions are carried out. "(d) PROHIBITIONS.— "(1) IN GENERAL.— Except as provided in paragraph (2), the Secretary is expressly prohibited from— "(A) failing or refusing to transfer to an Indian tribe its full share of any central, headquarters, regional, area, or service unit office or other funds due under this Act, except as required by Federal law; "(B) withholding portions of such funds for transfer over a period of years; and "(C) reducing the amount of funds required under this Act— "(i) to make funding available for self-governance monitoring or administration by the Secretary; "(ii) in subsequent years, except pursuant to— "(I) a reduction in appropriations from the previous fiscal year for the program or function to be included in a compact or funding agreement; "(II) a congressional directive in legislation or accompanying report; "(III) a tribal authorization; "(IV) a change in the amount of pass-through funds subject to the terms of the funding agreement; or "(V) completion of a project, activity, or program for which such funds were provided; "(iii) to pay for Federal functions, including Federal pay costs, Federal employee retirement benefits, automated data processing, technical assistance, and monitoring of activities under this Act; or "(iv) to pay for costs of Federal personnel displaced by self-determination contracts under this Act or self- governance; "(2) EXCEPTION. — The funds described in paragraph (1)(C) may be increased by the Secretary if necessary to carry out this Act or as provided in section 105(c)(2). "(e) OTHER RESOURCES.—In the event an Indian tribe elects to carry out a compact or funding agreement with the use of Federal personnel. Federal supplies (including supplies available from Federal warehouse facilities). Federal supply sources (including lodging, airline transportation, and other means of transportation including the use of interagency motor pool vehicles) or other Federal resources (including supplies, services, and resources available to the Secretary under any procurement contracts in which the Department is eligible to participate), the Secretary shall acquire and transfer such personnel, supplies, or resources to the Indian tribe. "(f) REIMBURSEMENT TO INDIAN HEALTH SERVICE.— With respect to functions transferred by the Indian Health Service to an Indian tribe, the Indian Health Service shall provide goods

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