25 U.S.C. § 5385 — Funding agreements

(a) Funding agreement required. The Secretary^* must negotiate and sign a written funding agreement with each Indian tribe^* participating in self-governance^*. The agreement must be consistent with the Federal Government’s trust responsibility, treaty duties, and government-to-government relationship with Indian tribes.

(b) Contents. (1) In general. As the tribe determines, the agreement must authorize the tribe to plan, conduct, combine, administer, and receive its full tribal share^* of funding. This includes the tribe’s share of discretionary Indian Health Service competitive grants, but not congressionally earmarked competitive grants. The authority covers all programs, services, functions, and activities, or parts of them, carried out for Indians because they are Indians, regardless of which Indian Health Service agency or office performs them. (2) Included programs. This includes all such programs, services, functions, and activities, including grants that may be added after they are awarded, for which Indian tribes or Indians are primary or significant beneficiaries. It includes programs administered through the Indian Health Service by the Department of Health and Human Services, and all local, field, service-unit, area, regional, central-headquarters, and national-office functions so administered under: (A) section 13 of this title; (B) the Act of April 16, 1934; (C) the Act of August 5, 1954; (D) the Indian Health Care Improvement Act; (E) the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986; (F) any other Act authorizing a Department of Health and Human Services agency to administer, carry out, or fund such an Indian-benefit program, service, function, or activity; or (G) any other Act authorizing such an Indian-benefit program, service, function, or activity for which Congress gives appropriations to an agency outside that Department, when the Secretary administers it.

(c) Inclusion in a compact or agreement. A program or part of a program may be included even if the authorizing statute does not identify an Indian tribe or Indians.

(d) Terms. Each agreement must state: (1) the programs, services, functions, and activities, or parts of them, to be performed or administered; and (2) for each item: (A) its general budget category; (B) the funds to be provided, including recurring funds; (C) when and how funds will be transferred; (D) the Secretary’s responsibilities; and (E) any other term the tribe and Secretary agree on.

(e) Later agreements. Unless the tribe says it is withdrawing or returning operation of an identified program, service, function, or activity, or the parties agree otherwise, the agreement remains fully effective until a later agreement is signed. The later agreement’s terms apply retroactively to the end of the earlier agreement’s term.

(f) Existing agreements. A tribe participating in the Tribal Self-Governance Demonstration Project on August 18, 2000, may later choose to: (1) keep all or part of its project agreement, except provisions directly contrary to this subchapter; or (2) negotiate a new agreement under this subchapter instead.

(g) Stable base funding. At a tribe’s option, an agreement may set a stable base budget identifying recurring funds, including funds under section 5325(a), to be transferred for the period stated in the agreement. The amount may be adjusted each year only for changes in congressional appropriations by sub-sub activity, excluding earmarks.