; (II) the program that is the subject of the final offer is an inherent Federal function or is subject to the discretion of the Secretary under section 403(c); (III) the Indian Tribe cannot carry out the program in a manner that would not result in significant danger or risk to the public health or safety, to natural resources, or to trust resources; (IV) the Indian Tribe is not eligible to participate in self-governance under section 402(c); (V) the funding agreement would violate a Federal statute or regulation; or (VI) with respect to a program or portion of a program included in a final offer pursuant to section 403(b)(2), the program or the portion of the program is not otherwise available to Indian Tribes or Indians under section 102(a)(1)(E); (ii) provide technical assistance to overcome the objections stated in the notification required by clause (i); (iii) provide the Indian Tribe with a hearing on the record with the right to engage in full discovery relevant to any issue raised in the matter, and the opportunity for appeal on the objections raised, except that the Indian Tribe may, in lieu of filing such appeal, directly proceed to initiate an action in a United States district court under section 110(a); and (iv) provide the Indian Tribe the option of entering into the severable portions of a final proposed compact or funding agreement (including a lesser funding amount, if any), that the Secretary did not reject, subject to any additional alterations necessary to conform the compact or funding agreement to the severed provisions. (B) Effect of exercising certain option If an Indian Tribe exercises the option specified in subparagraph (A)(iv)— (i) the Indian Tribe shall retain the right to appeal the rejection by the Secretary under this section