within the period specified in paragraph (2), including any extension agreed to under paragraph (3), the Secretary shall be deemed to have agreed to the offer, except that with respect to any compact or funding agreement provision concerning a program described under section 403(c), the Secretary shall be deemed to have rejected the offer with respect to such provision and the terms of clauses (ii) through (iv) of paragraphs (6)(A) shall apply. (6) Rejection of final offer (A) In general If the Secretary rejects a final offer (or one or more provisions or funding levels in a final offer), the Secretary shall— (i) provide timely written notification to the Indian Tribe that contains a specific finding that clearly demonstrates, or that is supported by a controlling legal authority, that— (I) the amount of funds proposed in the final offer exceeds the applicable funding level as determined under section 106(a)(1)