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Notes

25 C.F.R. §§ 1000.745–1000.760

4 sections in range

§1000.745. What are self-governance stable base budgets?

25 C.F.R. § 1000.745

(a)
A Tribe/Consortium self-governance stable base budget is the amount of recurring funding to be transferred to the Tribe/Consortium, for a period specified in the funding agreement. This amount must be adjusted to reflect subsequent annual changes in Congressional appropriations. It includes amounts that are eligible to be base transferred or have been base transferred from BIA budget accounts to self-governance budget accounts. As allowed by Congress, self-governance stable base budgets are derived from:
(1)
A Tribe's/Consortium's Public Law 93-638 contract amounts;
(2)
Negotiated agency, regional, and central office amounts;
(3)
Other recurring funding;
(4)
Special Projects, if applicable;
(5)
Programmatic shortfall;
(6)
Tribal priority allocation increases and decreases;
(7)
Pay costs and retirement cost adjustments; and
(8)
Any other inflationary cost adjustments.
(b)
Self-governance stable base budgets must not include any non-recurring program funds, construction and wildland firefighting accounts, Congressional earmarks, or other funds specifically excluded by Congress. These funds are negotiated annually and may be included in the funding agreement but must not be included in the self-governance stable base budget.
(c)
Self-governance stable base budgets may not include other recurring type programs that are currently in Tribal priority allocations (TPA) such as general assistance, housing improvement program (HIP), road maintenance and contract support. Should these later four programs ever become base transferred to Tribes, then they may be included in a self-governance Tribe's stable base budget.
(d)
A funding agreement shall not specify the funding associated with a program described in 25 U.S.C. 5363(b)(2) or (c) without the Secretary's agreement.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 5373

Source

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

§1000.750. Once a Tribe/Consortium establishes a stable base budget, are funding amounts renegotiated each year?

25 C.F.R. § 1000.750

No, unless otherwise requested by the Tribe/Consortium, these amounts are not renegotiated each year. If a Tribe/Consortium renegotiates funding levels:
(a)
It must negotiate all funding levels in the funding agreement using the process for determining funds for BIA to carry out inherent Federal functions on the same basis as other Tribes; and
(b)
It is eligible for funding amounts of new programs or available programs not previously included in the funding agreement on the same basis as other Tribes.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 5373

Source

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

§1000.755. How are self-governance stable base budgets established?

25 C.F.R. § 1000.755

At the request of the Tribe/Consortium, a self-governance stable base budget identifying each Tribe's funding amount is included in BIA's budget justification for the following year, subject to Congressional appropriation.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 5373

Source

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

§1000.760. How are self-governance stable base budgets adjusted?

25 C.F.R. § 1000.760

Self-governance stable base budgets must be adjusted as follows:
(a)
Congressional action.
(1)
Increases/decreases as a result of Congressional appropriations and/or a directive in the statement of managers accompanying a conference report on an appropriations bill or continuing resolution.
(2)
General decreases due to Congressional action must be applied consistently to BIA, self-governance Tribes/Consortium, and Tribes/Consortium not participating in self-governance.
(3)
General increases due to Congressional appropriations must be applied consistently, except where used to achieve equitable distribution among regions and Tribes.
(4)
A Tribe/Consortium will be notified of any decrease and be provided an opportunity to reconcile.
(b)
Mistakes. If the Tribe/Consortium or the Secretary can identify and document substantive errors in calculations, the parties will renegotiate such amounts and make every effort to correct the errors.
(c)
Mutual agreement. Both the Tribe/Consortium and the Secretary may agree to renegotiate amounts at any time.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 5373

Source

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