§1000.610. What must be included in a funding agreement?
25 C.F.R. § 1000.610
Each funding agreement must—
Specify the PSFAs that the Tribe/Consortium is authorized to plan, conduct, consolidate, and administer and the responsibilities of the Secretary as outlined in § 1000.650;
Provide for the Secretary to monitor the performance of trust functions administered by the Tribe/Consortium through the annual trust evaluation as specified in subpart O of this part;
Provide for annual or semi-annual installments of advance payment(s), at the option of the Tribe/Consortium;
Provide for the incorporation of required provisions of title I of Public Law 93-638, as amended, pursuant to section 201(d) of the PROGRESS for Indian Tribes Act, and for the incorporation of other provisions of title I of Public Law 93-638, as amended, at the option of the Tribe/Consortium;
Provide for a stable base budget as outlined in §§ 1000.745 through 1000.760, at the option of the Tribe/Consortium;
Prohibit the Secretary from waiving, modifying, or diminishing the trust responsibility of the United States;
Specify the funding agreement's effective date;
Prohibit the Tribe/Consortium from contracting with the Secretary for duplicative funds and/or PSFAs under title I;
Provide that the Tribe/Consortium shall be eligible for new programs and new funding on the same basis as other Indian Tribes; and shall be responsible for the administration of programs in accordance with the compact or funding agreement;
Provide the funding amount(s); and
Include as attachments and incorporate by reference additional documents agreed upon by the parties.
Subject to 25 U.S.C. 5365, the following must be included in either a compact or funding agreement. The Tribe/Consortium may include the following in either a compact or funding agreement:
Conflicts of Interest;
Applicable Cost Principles and application of the Single Audit Act;
Limitations on remedies relating to cost disallowances;
For non-construction programs, authorization for the Tribe/Consortium to redesign or consolidate programs and to reallocate funds for such programs;
Reassumption;
Retrocession; and
Recordkeeping.
Notes, amendments, and revision history
Authority
Authority: 25 U.S.C. 5373
Source
Source: 89 FR 100245, Dec. 11, 2024, unless otherwise noted.