Page:United States Statutes at Large Volume 114 Part 1.djvu/762

 114 STAT. 726 PUBLIC LAW 106-260—AUG. 18, 2000 25 USC 458aaa-9. 25 USC 458aaa-10. 25 USC 458aaa-ll. Deadline. Deadline. procurement (including Executive orders) shall apply to any construction project conducted under this title. "SEC. 510. FEDERAL PROCUREMENT LAWS AND REGULATIONS. "Regarding construction programs or projects, the Secretary and Indian tribes may negotiate for the inclusion of specific provisions of the Office of Federal Procurement and Policy Act (41 U.S.C. 401 et seq.) and Federal acquisition regulations in any funding agreement entered into under this part. Absent a negotiated agreement, such provisions and regulatory requirements shall not apply. "SEC. 511. CIVIL ACTIONS. "(a) CoNTRAeT DEFINED. — For the purposes of section 110, the term 'contract' shall include compacts and funding agreements entered into under this title. "(b) APPLICABILITY OF CERTAIN LAWS. —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. 476), shall not apply to attorney and other professional contracts entered into by Indian tribes participating in self-governance under this title. "(c) REFERENCES. — All references in this Act to section 1 of the Act of June 26, 1936 (49 Stat. 1967; chapter 831) are hereby deemed to include the first section of the Act of July 3, 1952 (66 Stat. 323; chapter 549; 25 U.S.C. 82a). "SEC. 512. FACILITATION. "(a) SECRETARIAL INTERPRETATION. —Except as otherwise provided by law, the Secretary shall interpret all Federal laws. Executive orders, and regulations in a manner that will facilitate— "(1) the inclusion of programs, services, functions, and activities (or portions thereof) and funds associated therewith, in the agreements entered into under this section; "(2) the implementation of compacts and funding agreements entered into under this title; and "(3) the achievement of tribal health goals and objectives. "(b) REGULATION WAIVER.— "(1) IN GENERAL.— An Indian tribe may submit a written request to waive application of a regulation promulgated under section 517 or the authorities specified in section 505(b) for a compact or funding agreement entered into with the Indian Health Service under this title, to the Secretary identifying the applicable Federal regulation sought to be waived and the basis for the request. "(2) APPROVAL. —Not later than 90 days after receipt by the Secretary of a written request by an Indian tribe to waive application of a regulation for a compact or funding agreement entered into under this title, the Secretary shall either approve or deny the requested waiver in writing. A denial may be made only upon a specific finding by the Secretary that identified language in the regulation may not be waived because such waiver is prohibited by Federal law. A failure to approve or deny a waiver request not later than 90 days after receipt shall be deemed an approval of such request. The Secretary's decision shall be final for the Department. "(c) ACCESS TO FEDERAL PROPERTY. —In connection with any compact or funding agreement executed pursuant to this title or

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