; (B) collective bargaining agreement; or (C) employer policy. (2) Title 5 Nothing in this section shall be construed to affect the application of the provisions of sections 5343 or 5545 of title 5, United States Code, with respect to pay differentials for duty involving unusual physical hardship or hazard, or environmental differentials. (g) Applicability of Fair Labor Standards Act of 1938 to sovereign Tribal employers (1) In general The receipt of any funds under subsection (b), (c), or (d) by a sovereign Tribal employer shall not expand, constrict, or alter the application of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.) to such sovereign Tribal employer. (2) Definitions In this subsection— (A) the term Tribal employer means— (i) any Tribal government, a subdivision of a Tribal government (determined in accordance with section 7871(d) of the Internal Revenue Code), or an agency or instrumentality of a Tribal government or subdivision thereof; (ii) any Tribal organization (as the term tribal organization is defined in section 4(l) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(l) ); (iii) any corporation if more than 50 percent (determined by vote and value) of the outstanding stock of such corporation is owned, directly or indirectly, by any entity described in subparagraph (A) or (B); or (iv) any partnership if more than 50 percent of the value of the capital and profits interests of such partnership is owned, directly or indirectly, by any entity described in subparagraph (A) or (B); and (B) the term Trival government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ).