---
kind: "section"
citation: "25 C.F.R. § 1000.845"
title: "25"
number: "1000.845"
heading: "Are there any non-BIA programs that may not be included in a funding agreement?"
url: "https://uscodex.org/cfr/25/1000.845"
---

# §1000.845. Are there any non-BIA programs that may not be included in a funding agreement?

- (a) Inherently Federal functions in accordance with 25 U.S.C. [5361(6)](/usc/25/5361.md?p=6) and [5363(k)](/usc/25/5363.md?p=k).
- (b) Programs where the statute establishing the existing program does not authorize the type of participation sought by the Tribe/Consortium. In determining whether a statute “does not authorize the type of participation sought by” the Tribe/Consortium within the meaning of [25 U.S.C. 5363(k)](/usc/25/5363.md?p=k), the Department shall take the following factors into consideration:
  - (1) Tribes need not be identified in an authorizing statute in order for a program, or element of a program, to be included in a funding agreement;
  - (2) The lack of specificity in a statute by itself does not create a blanket exclusion from inclusion of a program, or element of a program, in a funding agreement; and
  - (3) It is not an adequate ground to refuse to compact specific functions that are not inherently Federal in character, simply because an organic statute vests an agency with generic management authority over a broad category of land.
- (c) The Secretary shall interpret each Federal law and regulation in a manner that facilitates:
  - (1) The inclusion of programs in funding agreements; and
  - (2) **The implementation of funding agreements.**

## Notes

### Authority

Authority: 25 U.S.C. 5373

### Source

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