PUBLIC LAW 100-472—OCT. 5, 1988
102 STAT. 2293
"(3) Any savings in operation under a self-determination contract shall be utilized to provide additioned services or benefits under the contract or be expended in the succeeding fiscal year as provided in section 8 of this Act. "(b) The amount of funds required by subsection (a)-;"(1) shall not be reduced to make funding available for contract monitoring or administration by the Secretary; "(2) shall not be reduced by the Secretary in subsequent years except pursuant to— (A) a reduction in appropriations from the previous fiscal year for the program or function to be contracted; "(B) a directive in the statement of the managers accompanying a conference report on an appropriation bill or continuing resolution; "(C) a tribal authorization; "(D) a change in the amount of pass-through funds needed under a contract; or "(E) completion of a contracted project, activity, or program; "(3) shall not be reduced by the Secretary to pay for Federal functions, including, but not limited to. Federal pay costs. Federal employee retirement benefits, automated data processing, contract technical assistance or contract monitoring; "(4) shall not be reduced by the Secretary to pay for the costs of Federal personnel displaced by a selfHdetermination contract; and "(5) may, at the request of the tribal organization, be increased by the Secretary if necessary to carry out this Act or as provided in section 105(c). Notwithstanding any other provision in this Act, the provision of funds under this Act is subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe to make funds available to another tribe or tribal organization under this Act. "(c) The Secretary shall provide an annual report in writing on or Reports. before March 15 of each year to the Congress on the implementation of this Act. Such report shall include— "(1) an accounting of the total amounts of funds provided for each program and budget activity for direct program costs and indirect costs of tribal organizations under self-determination contracts during the previous fiscal year; "(2) an accounting of any deficiency of funds needed to provide required indirect costs to all contractors for the current fiscal year; "(3) the indirect costs rate and type of rate for each tribal organization negotiated with the appropriate Secretary;
- (4) the direct cost base and type of base from which the
indirect cost rate is determined for each tribal organization; and "(5) the indirect cost pool amounts and the types of costs included in the indirect cost pools. "(d)(1) Where a tribal organization's allowable indirect cost recoveries are below the level of indirect costs that the tribal organizations should have received for any given year pursuant to its approved indirect cost rate, and such shortfall is the result of lack of full indirect cost funding by any Federal, State, or other agency, such shortfall in recoveries shall not form the basis for any theoretical over-recovery or other adverse adjustment to any future
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