---
kind: "section"
citation: "25 C.F.R. § 1000.610"
title: "25"
number: "1000.610"
heading: "What must be included in a funding agreement?"
url: "https://uscodex.org/cfr/25/1000.610"
---

# §1000.610. What must be included in a funding agreement?

- (a) **Each funding agreement must—**
  - (1) 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](/cfr/25/1000.650.md);
  - (2) 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;
  - (3) Provide for annual or semi-annual installments of advance payment(s), at the option of the Tribe/Consortium;
  - (4) Provide for the incorporation of required provisions of title I of Public Law 93-638, as amended, pursuant to [section 201(d)](/cfr/25/201.md?p=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;
  - (5) Provide for a stable base budget as outlined in [§§ 1000.745 through 1000.760](/cfr/25/1000.745..1000.760.md), at the option of the Tribe/Consortium;
  - (6) Prohibit the Secretary from waiving, modifying, or diminishing the trust responsibility of the United States;
  - (7) Specify the funding agreement's effective date;
  - (8) Prohibit the Tribe/Consortium from contracting with the Secretary for duplicative funds and/or PSFAs under title I;
  - (9) 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;
  - (10) Provide the funding amount(s); and
  - (11) **Include as attachments and incorporate by reference additional documents agreed upon by the parties.**
- (b) Subject to [25 U.S.C. 5365](/usc/25/5365.md), 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:
  - (1) Conflicts of Interest;
  - (2) Applicable Cost Principles and application of the Single Audit Act;
  - (3) Limitations on remedies relating to cost disallowances;
  - (4) For non-construction programs, authorization for the Tribe/Consortium to redesign or consolidate programs and to reallocate funds for such programs;
  - (5) Reassumption;
  - (6) Retrocession; and
  - (7) **Recordkeeping.**

## Notes

### Authority

Authority: 25 U.S.C. 5373

### Source

Source: 89 FR 100245, Dec. 11, 2024, unless otherwise noted.