DOCUMENT: TRAVERSE.TXT COMPACT OF SELF-GOVERNANCE BETWEEN THE GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS AND THE UNITED STATES OF AMERICA May 1992 ARTICLE I - AUTHORITY AND PURPOSE SECTION 1 - Authority This agreement, denoted a Compact of Self-Governance (herein after referred to as the "Compact"), is entered into by the Secretary of the Interior (hereinafter referred to as the "Secretary"), for and on behalf of the United States of America pursuant to the authority granted by Title III of P.L. 100-472, and by the Grand Traverse Band of Ottawa and Chippewa Indians Tribal Council, under the authority of the Grand Traverse Band of Ottawa and Chippewa Indians Constitution, Article IV. SECTION 2 - Purpose. This Compact shall be liberally construed to achieve its purposes: (a) This Compact is to carry out an unprecedented Self- Governance Demonstration Project, authorized by Title III, P.L. 100-472, which is intended as an experiment in the areas of planning, funding, and program operations within the Government-to-Government relationship between Indian Tribes and the United States. The Demonstration Project encourages experimentation in order to determine how to improve this Government-to-Government relationship and promote the perpetuation of the Tribe. The outcome of these experiments cannot be known in advance and each experiment, as reflected in each specific Compact, binds no party beyond the terms of each specific Compact. (b) This Compact is to enable the Tribe to redesign programs, activities, functions, and services of the Bureau of Indian Affairs; to reallocate funds for such programs, activities, functions, or services according to its Tribal priorities; to provide such programs, activities, functions, and services, as determined by its Tribal priorities; to enhance the effectiveness and long term financial stability of its Tribal government; and to reduce the Federal- Indian service bureaucracy. (c) This Compact is to enable the United States to maintain and improve it's unique and continuing relationship with, and responsibility to, the Tribe through the establishment of a meaningful demonstration policy and project for Tribal self- governance as proposed by this Tribe which will allow the Grand Traverse Band of Ottawa and Chippewa Indians to: Take it's rightful place in the family of governments in the federal constitutional system; remove federal obstacles to effective self- governance; reorganize Tribal government programs and services; and provide a documented example for the development of future Federal-Indian policy. This policy of Tribal self-governance shall permit an orderly transition from federal domination of programs and services to allow Indian Tribes meaningful authority to plan, conduct, and administer those programs and services to meet the needs of their people. To implement the Self-Governance Project, the Department of the Interior is also expected to reorganize to provide the same level of service to other Tribal Governments and demonstrate new policies and methods to provide improved service delivery to address Tribal needs. In fulfilling it's responsibilities under the Compact, the Secretary hereby pledges that the Department will conduct all relations with the Tribe on a government-to- government basis. (d) The Tribe enters into this Compact as one of it's efforts to promote the perpetuation of the Tribe. SECTION 3 - Tribal Law and Forums The duly-enacted laws of the Tribe shall be applied in the execution of this Compact and the powers and decisions of the Tribe's Court shall be respected, to the extent that federal law, construed in accordance with the applicable canons of construction and Title III of P.L. 100-472, is not inconsistent. ARTICLE II - TERMS, PROVISIONS, AND CONDITIONS SECTION 1 - Term The term of this Compact begins October 1, 1992 and shall extend thereafter throughout the time period authorized by Title III of P.L. 100-472, and any subsequent amendments thereto. SECTION 2 - Effective Date Once this compact is approved and signed by the Tribe and the Secretary, it shall be forthwith submitted by the Secretary or an authorized representative and the Tribe to the Select Committee on Indian Affairs of the United States Senate, the Committee on Interior and Insular Affairs of the United States House of Representatives and to each Tribe served by the Michigan Agency Office, and shall be effective ninety days after such submission, unless otherwise provided by law. Successor Annual Agreements shall be likewise submitted. SECTION 3 - Funding Amount Subject only to the appropriation of funds by the Congress of the United States, and to adjustments pursuant to Section 106(b) of P.L. 100-472, the Secretary or his authorized representative shall provide to the Tribe the total amount of funds specified in the Annual Agreement incorporated by reference in Article VI, Section 2. SECTION 4 - Payment Payments shall be made as expeditiously as possible in compliance with applicable Treasury Department regulations and shall include financial arrangements to cover funding during periods under continuing resolutions to the extent permitted by such resolutions. To the extent authorized by law, for each fiscal year covered by the Compact, the Secretary or his authorized representative will make available the funds specified for that fiscal year under the Annual Agreement by paying to the Tribe on a quarterly basis one-quarter of the total amount provided for in the Annual Agreement for that fiscal year, or by using an instrument such as a letter of credit, or other method authorized by law, or a combination thereof, as may be specified in the Annual Agreement. To the extent applicable, each quarterly payment shall be made on the first day of each quarter of the fiscal year except for the first quarter, for which the quarterly payment shall be made on or before ten calendar days of the date on which the Office of Management and Budget apportions the appropriations for that fiscal year for the programs, activities, functions and services subject to the Compact. SECTION 5 - Reports to Congress In order to implement Section 305 of Title III of P.L. 100472, on each January 1, and July 1, throughout the period of the Compact, the United States shall make a written report to the Congress, which shall separately include the views of the Tribe, concerning the relative costs and benefits of carrying out this Compact, based on mutually determined baseline measurements jointly developed by the parties pursuant to Section 17 of this Article. SECTION 6 - Audits (a) The Tribe shall provide to the Designated Official an annual single organization-wide audit as prescribed by the Single Audit Act of 1984, 31 U.S.C. s 7501. et seq., and shall adhere to generally accepted accounting principles and Circular A-128 of the Office of Management and Budget as follows: i. The costs of this Compact consist of the direct and support costs, including indirect costs actually incurred in the performance of this Compact, determined in accordance with the costs principles set forth in the OMB Circular A-87 in effect as of October 1, 1992, provided, however, that if the office of Management and Budget revises any provisions of such Circular: 1. The revisions shall not apply to the Compact unless agreed to by the Tribe until the Secretary determines their applicability as provided below. 2. The Secretary shall immediately review the revisions in consultation with the Tribe to determine if the revisions are detrimental to the self-governance project or inconsistent with the intent of the Act. 3. If it is determined that the revisions are neither detrimental nor inconsistent with the intent of the Act, the Secretary will amend this Compact to include those revisions. ii. The Secretary has received the concurrence of the Office of Management and Budget for the term of the Demonstration Project authorized by Title III of P.L. 100-472 that allowable costs shall include: 1. Depreciation and Use Allowances. The computation of allowances or depreciation shall be based on the acquisition cost of the assets involved. Where actual cost records have not been maintained, a reasonable estimate of the original acquisition cost may be used in the computation. 2. Publication and printing costs. Publication costs include the costs of printing or other reproduction through the information media (including processes of composition, plate making, press work, binding, and the end products produced thereby, including books, newspapers and newsletters, as well as radio, television and the production of video tapes) for any purpose in support of the compact program, including, but not limited to, providing program-related information to the Indian community, if such costs are charged directly to the Demonstration Project. 3. Automatic Data Processing Equipment (ADP). The costs of ADP equipment are allowable direct charges to the Demonstration Project whether or not owned by the Tribe subject to any statutory limitations and to the extent that they are reasonable in light of such factors as rental cost of comparable property; market conditions in the area; alternatives available; and the type, life expectancy, condition, and value of the property leased. 4. Supplemental Funding Costs incurred to obtain supplemental funds are allowable as direct charges to the extent that funds generated are used to further the contract goals and objectives. Funds generated are treated as program income. Costs of investment counsel and staff and similar costs incurred to enhance income from fund raising efforts are allowable. 5. Investment Management. Investment management costs associated with pension plans and self- insurance funds are considered to be an allowable cost under the cost principles and are normally handled as a part of the indirect cost or fringe benefit rates that are charged on a consistent basis to all funding sources. 6. Idle Facilities and Idle Capacity. These costs, exclusive of repairs and maintenance, are unallowable, except to the extent they are necessary to accommodate for fluctuation in workload, or they were necessary when acquired but are now idle because of changes in program requirements or other causes which could not have been reasonably foreseen. 7. Lobbying. Lobbying costs of contractors are unallowable to the extent prohibited by applicable statutory restrictions. 8. Professional Service and Litigation Costs. Costs of legal, accounting, consulting and related costs in connection with the prosecution or defense of claims against the Federal Government in court are unallowable. The cost of such services in connection with contract disputes or other matters related to the performance of the contract until a final administrative decision is reached is allowable. iii. With the concurrence of the Office of Management and Budget, the Secretary will continue to seek approval of the following costs as allowable. 1. Rental/Lease Costs. The building, space and related facility costs of space, land and personal property whether or not owned by an Indian Tribe are allowable subject to any statutory limitations and to the extent that they are reasonable in light of such factors as rental cost of comparable property; market conditions in the area; alternatives available; and the type, life expectancy, condition, and value of the property leased. 2. Interest. Except for interest pertaining to charges incurred for new buildings, other interest remains unallowable. OMB is still studying whether or not interest expense should be allowable for major building reconstruction and remodeling or fabrication of capital equipment. (b) No other audit or accounting standards, except as specified in Article IV, Section 2, shall be required by the Secretary or an authorized representative of the Tribe. To the extent that Tribal law is not inconsistent, small and minority business audit firms shall be afforded maximum practical opportunity to participate in fulfilling the requirements herein. The preference requirements of the Indian Self- Determination and Education Assistance Act, as amended, 25 U.S.C. s 450e(b), shall apply to such audits pursuant to Section 2 of Article V of this Compact. SECTION 7 - Records. The following provisions will supplement Tribal law on document disclosure and will govern record keeping associated with this Compact. (a) Tribal records which the Secretary or an authorized representative demonstrates are clearly required by law to be maintained as part of the Department of the Interior's record keeping system, shall be deemed federal records, and shall be subject to the Privacy Act, 5 U.S.C. s 552 and Freedom of Information Act, 5 U.S.C. 552. All other Tribal records shall not be subject to the Privacy Act, 5 U.S.C. 552a and the Freedom of Information Act, 5 U.S.C. 552. (b) The Tribe shall maintain a record keeping system, and provide reasonable access to records to the Secretary or his authorized representative, which permits the Department to meet it's minimum legal record keeping program requirements under the Federal Records Act, 44 U.S.C. s 3101, et seq., and which will allow for retrocession of this Compact in whole or in part pursuant to Section 14 of this Article. (c) The Tribe shall maintain in it's record keeping system all documents necessary for the annual audit requirement in Section 6 of this Article, and shall provide reasonable access to records to the Secretary or his authorized representative. SECTION 8 - Property. (a) At the request of the Tribe, the Secretary or his authorized representative shall make available to the Tribe reasonable divisible real property, facilities, equipment, and personal property the Department previously utilized to provide the programs, activities, functions and services now consolidated by the Tribe pursuant to Article III of this Compact. A mutually agreed upon list specifying the property, facilities, and equipment to be utilized shall also be prepared and periodically revised so that such property can be properly recorded in the Bureau of Indian Affairs Property Inventory. (b) Subject to the agreement of the General Services Administration, the Secretary hereby delegates to the Tribe the authority to acquire such excess or surplus Government property as may be appropriate in the judgement of the Tribe to support the programs, activities, functions, and services designated under Article III of this Compact. The Secretary or his authorized representative agrees to make best efforts to assist the Tribe in obtaining such confiscated or excess property as may become available to Tribes or local governments. Upon the request of the Tribe, the Designated Official shall assist the Tribe in securing a Screener Identification Card (General Administration Form 2946). (c) The Tribe shall determine what capital equipment, leases, rentals, property or services, it shall require to perform its obligations under Title III of this Compact, and shall acquire and maintain records of such capital equipment, property rentals, leases, property or services through Tribal procurement procedures. SECTION 9 - Savings. If it becomes apparent that funds allocated by the Tribe pursuant to its budget process, to any activity as defined in the Annual Agreement are in excess of that needed for such activity, the Tribe may reallocate that excess to any other activity under this Compact. Any funds not expended during the term of any of the Fiscal years of this Compact may be carried over to the succeeding Fiscal year, but such carry-over shall not diminish the amount of funds that Tribe is authorized to receive in that succeeding fiscal year or in any subsequent fiscal year. SECTION 10 - Use of Motor Vehicles. Subject to the agreement of the General Services Administration, the Secretary hereby authorizes the Tribe to obtain Inter-agency Motor Pool Vehicles and related services, if available, for performance of any activities under this Compact. SECTION 11 - Regulatory Authority. The Secretary and the Tribe agree to utilize the following procedures governing the establishment and application of regulations under this Compact: (a) Program Guidelines. The Tribe is not required to abide by federal program guidelines, manuals, policy directives, etc. except for those which it specifically agrees to or which have been published in the Federal Register. (b) Federal Regulations. The Tribe agrees to abide by all existing federal regulations as published in the Federal Register. In order to put to good use the Secretary's waiver authority as authorized by Section 303(e) of P.L. 100-472, the Secretary will seek to expedite the waiver of any federal regulations which the Secretary or the Tribe determine presents an obstacle to the carrying out of the Compact, its purpose, and the programs, activities, functions, and services pursuant to the Compact, under the following procedures: i. Prior to the effective date of the Compact, the Secretary or his authorized representative and the Tribe will seek to identify any federal regulations that either may wish to waive in order to more effectively carry out the compact; ii. If at any time the Tribe determines that it wishes to waive one or more specific federal regulations in order to more effectively carry out its obligations under the Compact, the Tribe may submit a written request for waiver to the Designated Official and the Secretary shall render a written decision to the Tribe within sixty days of receipt of the request. iii. The Secretary shall act in the best interest of the affected Indians and shall grant the requested waiver unless he determines that the applicable statutes cannot reasonably be interpreted as permitting the requested waiver. SECTION 12 - Disputes. (a) Section 110 of the Indian Self-Determination and Education Assistance Act Amendments of 1988 (P.L. 100472) shall apply to disputes under this Compact. (b) In addition or as an alternative to remedies and procedures prescribed by Section 110 of the Indian Self-Determination and Education Assistance Act Amendments of 1988, P.L. 100-472, the parties jointly may: i. Submit the disputes under this Compact to third- party mediation, which for purposes of this Section means that the Secretary or his authorized representative and the Tribe nominate third- parties who together choose a third-party mediator ("third-party" means a person not employed by or significantly involved with either the Tribe or Secretary or the Department of the Interior): or ii. Submit the dispute to the Tribe's court; or iii. Submit the dispute to any mediation processes provided for under the Tribe's law. iv. The Secretary shall be expected to accept decisions reached by mediation processes or the Tribal court, but he shall not be bound by any decision which might be in conflict with the interests of the Indians or the United States. SECTION 13 - Retrocession. The retrocession provisions of Section 105(c) of P.L. 100-472, and any regulations thereunder, are herein adopted. The Tribe and the Secretary may under mutual agreement allow for retrocession with a timeframe less than one year. SECTION 14 - Tribal Administrative Procedures. Tribal law and Tribal forums shall provide administrative due process rights pursuant to the Indian Civil Rights Act of 1968, 25 U.S.C. s 1301, et seq., that persons, or groups of persons, may have with respect to programs, activities, services and functions that are provided by the Tribe pursuant to this Compact. SECTION 15 - Successor Annual Agreement. Negotiations for a successor Annual Agreement, as provided for in Article VI, Section 2, shall begin no later than 120 days in advance of the conclusion of the preceding Annual Agreement. Pursuant to Section 301 and Section 303(a) of P.L. 100-472, the Secretary shall make best efforts to continue and to promote this demonstration project in preparing budgets for subsequent years. The Tribe is hereby assured that future funding of successor Annual Agreements shall only be reduced pursuant to the provisions of Section 106(b) of the Indian Self-Determination and Education Assistance Act Amendments of 1988, P.L. 100-472. This is a demonstration project, as such, errors in calculations or mistakes regarding the funding may be made and will need to be renegotiated in subsequent years. Nothing in this compact shall prevent such negotiations. Both parties agree to take action to correct such errors. The Secretary or his authorized representative agrees to prepare and supply relevant information, and promptly to comply with the Tribe's requests for information reasonably needed to determine the funds that may be available for a successor Annual Agreement as provided for in Article VI, Section 2 of this Compact. SECTION 16 - Secretarial Approval. (a) Every contract entered into by the Tribe in connection with a program, activity, function, or service encompassed by this Compact shall be in writing and shall identify the interested parties, their authorities and purposes, state the work to be performed, the basis for any claim, the payments to be made, and the term of the contract which shall be fixed. Contracts which comport with the requirements of this section but which might be void without Secretarial approval under 25 U.S.C. s 81, shall be expeditiously reviewed by the Secretary under the following procedures: i. If at any time the Tribe determines that a contract may be subject to 25 U.S.C. s 81, the Tribe may submit a written request for approval to the Designated Official and the Secretary or his authorized representative shall render a written decision to the Tribe within sixty days of receipt of the request. ii. If the Secretary or his authorized representative determines that 25 U.S.C. s 81 does not apply, he shall proceed to review the contract and shall make a determination indicating that he would not wish his view of 25 U.S.C. s 81 to subject the contract to an assertion it is null and void and, not wishing to disrupt the Tribe's legitimate contracting activity, has accommodated the Tribe by reviewing and approving (or disapproving) the contract. iii. For the term of the Compact, the provisions of section 2103 or the Revised Statutes of the United States (25 U.S.C. 81) and section 16 of the Act of June 18, 1934 (25 U.S.C. 476), shall not apply to attorney and other professional contracts of participating Indian Tribal governments operating under the provisions of this title. (b) If any power or act of the Tribe, including amendments to the Tribe's Constitution relevant to this Compact, is subject to the approval of the United States, under the Tribe's Constitution and Bylaws, and a written request for such approval is neither granted nor denied within sixty days following the making of such request, such approval shall be deemed to have been granted. SECTION 17 - Establishment of Baseline Measures. Baseline measures for programs, activities, functions and services previously performed by the Tribe under the authority of P.L. 93-638 or other legal authority shall be established upon performance of the Tribe up to and including fiscal year 1992. Baseline measures for programs, activities, functions and services previously performed or not performed by the Bureau of Indian Affairs shall be established upon performance of the Bureau of Indian Affairs up to and including fiscal year 1992. A task force shall be established within 45 days of the signing of this Compact by the designated officials (Article V), Section I) to develop the mutually accepted baseline measures. The task force shall consist of academic representatives, and an equal number of representatives of the Tribe and the Secretary unless otherwise mutually agreed. The inclusion of academic representative shall be dependent upon the availability of financial resources. The task force recommendation for the establishment of baseline measures shall be completed by December 15, 1993, ratified by the Designated Officials by December 31, 1993 and shall become an attachment to this Compact. The task force shall also establish baseline measures for those programs, services, functions, and activities, for the Grand Traverse Band of Ottawa and Chippewa Indians retained by the Secretary or an authorized representative, and the Bureau of Indian Affairs shall report to the Secretary or an authorized representative and the Grand Traverse Band of Ottawa and Chippewa Indians. ARTICLE III - OBLIGATIONS OF THE TRIBE SECTION 1 - Consolidation. With the exception of the specific responsibilities of the United States identified and retained in Article IV, Section 3, and the programs, activities, functions, and services pursuant to either P.L. 95-471 or Title XI of P.L. 95-561, the Tribe will perform the programs, activities, functions, and services as provided in the Annual Agreement, as provided for in Article VI, Section 2 of this Compact. To the extent a program, activity, function, or service included within such Annual Agreement is included within a contract or grant entered into pursuant to P.L. 93-638, or is subject to any obligation arising from such contract or grant, that contract or grant is terminated and the parties' obligations shall be governed by this Compact. SECTION 2 - Amount of Funds. The total amount of funds covered by the consolidation and redesign provided for in Section 1 of this Article that the Secretary or his authorized representative shall make available to the Tribe shall be determined in an Annual Agreement between the Secretary and the Tribe, which shall be incorporated in its entirety to this Compact and attached hereto as provided in Article VI, Section 2. SECTION 3 - Tribal Programs. The Tribe agrees to provide such programs, activities, functions, and services identified in the Annual Agreement. The Tribe pledges to practice utmost good faith in upholding it's responsibility to provide such programs, activities, functions and services. SECTION 4 - Trust Services for Individual Indians. To the extent that the Annual Agreement endeavors to provide trust services to individual Indians that were previously provided by the Secretary or an authorized representative, the Tribe will maintain at least the same level of trust services for individual Indians as was previously provided by the Secretary or an authorized representative. The Tribe pledges to practice utmost good faith in upholding it's responsibility to provide such services. Trust services for individual Indians means only services that pertain to land or financial management connected to individually-held allotments. SECTION 5 - Reallocation. Reallocation of funds from one program, activity, function, or service to another within, General Budget Category, or from one General Budget Category to another shall be governed only by Tribal law and procedure and reallocation involves 30% or more, on a cumulative annual basis, of funds for a physical resource trust or trust fund management function performed by the Tribe, the Tribe shall provide notice to the Secretary's Designated Official, together with an explanation of how the Tribe's responsibility will continue to be fulfilled. ARTICLE IV - OBLIGATIONS OF THE UNITED STATES SECTION 1 - Trust Responsibility. The United States reaffirms it's trust responsibility to the Grand Traverse Band of Ottawa and Chippewa Indians to protect and conserve the trust resources of the Tribe and of individual Indian members of the Tribe. Nothing in this Compact is intended to, nor should it be interpreted to, terminate, waive, modify, reduce or diminish in any way the trust responsibility of the United States to the Tribe or individual Indians. The Secretary pledges to practice utmost good faith in upholding said trust responsibility. SECTION 2 - Trust Evaluations. The United States shall require in accordance with this Compact an annual trust evaluation of any physical resource trust management function being performed by the Tribe pursuant to Article III and the Annual Agreement. Evaluations shall not be burdensome and shall be conducted on a cost effective basis. Without prejudicing the Secretary's statutory authorities, such Trust evaluations are intended to enable the United States to exercise its necessary supervision or oversight relative to its trust obligations to the Tribe and individual Indians, provided that the Tribe may specially impose on itself additional requirements pursuant to the Annual Agreement. (a) For purposes of this section a trust evaluation means a program outcome evaluation to determine whether the responsibility of the United States as reflected in federal law or in Section 1 of this Article, is being met. (b) Information and analysis obtained in the performance of such evaluations shall be immediately provided to the Tribe's designated representative. The Tribe agrees to cooperate in Trust evaluations. (c) If the United States' Designated Official determines from such evaluation, or from any other source, that the Tribe's trust resources are endangered by the Tribe's action or inaction, the United States' Designated Official shall immediately notify the Tribe of It's specific concerns relative to the specific, identified, physical trust asset. (d) Unless a physical trust asset is in imminent jeopardy, which for purposes of this Compact shall mean either significant devaluation or loss of an asset, or significant loss or devaluation of the income from such asset caused by the Tribe's action or inaction, which would occur within 60 days, the United States shall not take back the responsibility for management of that endangered trust resource, but to the extent resources are available, shall provide sufficient and appropriate assistance to the Tribe to enable the protection and conservation of Trust assets. If a physical trust asset is in imminent jeopardy, as defined in this subsection, the United States shall, upon two (2) days advance written notice to the Tribe, immediately take over the responsibility for the management of such endangered physical trust asset, and may use a reasonable portion of funds remaining available for such program for that purpose, notwithstanding any other provisions of this Compact. SECTION 3 - Programs Retained. As specified in the Annual Agreement, the United States hereby retains the programs, activities, functions, and services with respect to the Tribe that are not specially assumed by the Tribe in the Annual Agreement. The Secretary agrees that an program outcome evaluation shall be performed by a Compact Evaluation Team, which shall consist of one representative of the Secretary, and one representative of the Tribe, annually as to each program, activity, function, or service which is retained by the United States pursuant to this Section. Evaluations shall not be burdensome and shall be conducted on a cost effective basis. The findings and recommendations of the Evaluation Team shall be reported to the Tribe and the Secretary or an authorized representative. SECTION 4 - Financial and Other Information. The Tribe shall be eligible for new programs, activities, functions and services on the same basis as other Tribes and the Secretary or his authorized representative shall advise the Tribe of the funding available for such programs. To assist the Tribe in monitoring compliance with Section 303(a) (6) of P.L. 100-472, the United States shall provide to the Tribe the following information unless mutually agreed otherwise: (a) Monthly copies of Bureau of Indian Affairs' Status of Obligations reports of the Central Office concerning the Minneapolis Area Office obligations; (b) Monthly Status of Obligations reports by the Area Office concerning programs, activities, functions, and services performed in the Minneapolis Area which are comparable to those performed by the Tribe under this Compact; and (c) Revisions in such program plans, guidelines or budgets as they are made. Responses providing other information which may be requested by the Tribe shall be made within ten working days. ARTICLE V - OTHER PROVISIONS SECTION 1 - Designated Officials. On or before the effective date of this Compact, both the United States and the Tribe shall provide each other with a written designation of a senior official as it's representative or liaison official for notices, proposed amendments to the Compact and other purposes for this Compact. SECTION 2 - Indian Preference in Employment, Contracting and Subcontracting. Tribal law shall govern the provision of Indian preference in employment, contracting, and subcontracting pursuant to this Compact. Section 104 of P.L. 100-472 shall apply to individuals who leave federal employment for Tribal employment. SECTION 3 - Insurance. The Tribe shall be fully covered by such liability insurance or equivalent coverage that the Secretary or his authorized representative provides or obtains pursuant to section 102(c) of the Indian Self Determination and Education Assistance Act Amendments of 1988, P.L. 100-472. Additionally, the Tribe shall be fully covered by all liability coverage under the Federal Tort Claims Act which is made available by the Secretary to P.L. 93-638 Indian Self Determination contractors and their employees under federal law, as the same may be amended from time to time, and shall be responsible in the same manner as P.L. 93-638 contractors. SECTION 4 - Compact Modifications. To be effective, any modifications to this Compact shall be in the form of a written amendment to the Compact, and shall require the written consent of the Tribe and the United States. SECTION 5 - Construction. In the implementation of this Compact, the Secretary, to the extent feasible, shall interpret federal laws and regulations in a manner that facilitates this Compact in accordance with Section 303(e) of P.L. 100-472. SECTION 6 - Officials Not To Benefit. No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of any contract executed pursuant to this Compact, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to any contract under this Compact if made with a corporation for it's general benefit. SECTION 7 - Covenant Against Contingent Fees. The parties warrant that no person or selling agency has been employed or retained to solicit or secure any contract executed pursuant to this Compact upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul any contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. SECTION 8 - Penalties. The parties agree that the criminal penalties set forth in 25 U.S.C. 450d apply to all activities conducted pursuant to this compact. ARTICLE VI - ATTACHMENTS SECTION 1 - Annual Agreement. The first Annual Agreement identifying those programs, activities, functions, and services to be performed, the General Budget Category e assigned, the funds to be provided, and the budget year to which it applies, is hereby incorporated in its entirety in this Compact and attached hereto as Attachment 1. Each successor Annual Agreement shall be likewise incorporated, attached, and identified as Attachment 1 for the relevant budget year to which it applies. SECTION 2 - Approval of Compact. The resolution of the Grand Traverse Band of Ottawa and Chippewa Indians approving this Compact is attached hereto as Attachment 2. SECTION 3 - Approval of Annual Agreement. The resolution of the Grand Traverse Band of Ottawa and Chippewa Indians approving the first Annual Agreement is attached hereto as Attachment 3. Each successor Annual Agreement shall likewise require an authorizing resolution by the Grand Traverse Band of Ottawa and Chippewa Indians, which shall be attached and identified as Attachment 3 for the relevant budget year to which it applies. SECTION 4 - Inconsistent Terms. To the extent that any attachment is inconsistent with the terms of this Compact, the Compact shall govern. THE FOREGOING PROVISIONS OF THIS COMPACT OF SELF-GOVERNANCE ARE HEREBY AGREED TO ON THIS 2ND DAY OF JULY, 1992. UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR BY: ___________________________________________ Acting Assistant Secretary - Indian Affairs GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS BY: ___________________________________________ Joseph C. Raphael Tribal Chairman -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :: -= THE FOURTH WORLD DOCUMENTATION PROJECT =- :: :: A service provided by :: :: The Center For World Indigenous Studies :: :: www.cwis.org :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Originating at the Center for World Indigenous Studies, Olympia, Washington USA www.cwis.org © 1999 Center for World Indigenous Studies (All Rights Reserved. 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