---
kind: "section"
citation: "42 C.F.R. § 137.110"
title: "42"
number: "137.110"
heading: "May a Self-Governance Tribe retain and expend any program income earned pursuant to a compact and funding agreement?"
url: "https://uscodex.org/cfr/42/137.110"
---

# §137.110. May a Self-Governance Tribe retain and expend any program income earned pursuant to a compact and funding agreement?


All Medicare, Medicaid, or other program income earned by a Self-Governance Tribe shall be treated as supplemental funding to that negotiated in the funding agreement. The Self-Governance Tribe may retain all such income and expend such funds in the current year or in future years except to the extent that the Indian Health Care Improvement Act ([25 U.S.C. 1601](/usc/25/1601.md) et seq.) provides otherwise for Medicare and Medicaid receipts. Such funds shall not result in any offset or reduction in the amount of funds the Self-Governance Tribe is authorized to receive under its funding agreement in the year the program income is received or for any subsequent fiscal year.


## Notes

### Authority

Authority: 25 U.S.C. 458 et seq.

### Source

Source: 67 FR 35342, May 17, 2002, unless otherwise noted.