25 U.S.C. § 5385 | Funding agreements

(a)

Funding agreement required

The Secretary shall negotiate and enter into a written funding agreement with each Indian tribe participating in self-governance in a manner consistent with the Federal Government’s trust responsibility, treaty obligations, and the government-to-government relationship between Indian tribes and the United States.

(b)

(1)

In general

Each funding agreement required under subsection (a) of this section shall, as determined by the Indian tribe, authorize the Indian tribe to plan, conduct, consolidate, administer, and receive full tribal share funding, including tribal shares of discretionary Indian Health Service competitive grants (excluding congressionally earmarked competitive grants), for all programs, services, functions, and activities (or portions thereof), that are carried out for the benefit of Indians because of their status as Indians without regard to the agency or office of the Indian Health Service within which the program, service, function, or activity (or portion thereof) is performed.

(2)

Inclusion of certain programs, services, functions, and activities

Such programs, services, functions, or activities (or portions thereof) include all programs, services, functions, activities (or portions thereof), including grants (which may be added to a funding agreement after an award of such grants), with respect to which Indian tribes or Indians are primary or significant beneficiaries, administered by the Department of Health and Human Services through the Indian Health Service and all local, field, service unit, area, regional, and central headquarters or national office functions so administered under the authority of—

(A)

section 13 of this title ;

(B)

April 16, 193448 Stat. 596 25 U.S.C. 452 1

1 See References in Text note below.

the Act of (; chapter 147; et seq.); 

(C)

August 5, 195468 Stat. 674 42 U.S.C. 2001 the Act of (; chapter 658) [ et seq.];

(D)

25 U.S.C. 1601 the Indian Health Care Improvement Act ( et seq.);

(E)

25 U.S.C. 2401 the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 ( et seq.);

(F)

any other Act of Congress authorizing any agency of the Department of Health and Human Services to administer, carry out, or provide financial assistance to such a program, service, function or activity (or portions thereof) described in this section that is carried out for the benefit of Indians because of their status as Indians; or

(G)

any other Act of Congress authorizing such a program, service, function, or activity (or portions thereof) carried out for the benefit of Indians under which appropriations are made available to any agency other than an agency within the Department of Health and Human Services, in any case in which the Secretary administers that program, service, function, or activity (or portion thereof).

(c)

Inclusion in compact or funding agreement

It shall not be a requirement that an Indian tribe or Indians be identified in the authorizing statute for a program or element of a program to be eligible for inclusion in a compact or funding agreement under this subchapter.

(d)

Funding agreement terms

Each funding agreement under this subchapter shall set forth—

(1)

terms that generally identify the programs, services, functions, and activities (or portions thereof) to be performed or administered; and

(2)

for the items identified in paragraph (1)—

(A)

the general budget category assigned;

(B)

the funds to be provided, including those funds to be provided on a recurring basis;

(C)

the time and method of transfer of the funds;

(D)

the responsibilities of the Secretary; and

(E)

any other provision with respect to which the Indian tribe and the Secretary agree.

(e)

Subsequent funding agreements

Absent notification from an Indian tribe that is withdrawing or retroceding the operation of one or more programs, services, functions, or activities (or portions thereof) identified in a funding agreement, or unless otherwise agreed to by the parties, each funding agreement shall remain in full force and effect until a subsequent funding agreement is executed, and the terms of the subsequent funding agreement shall be retroactive to the end of the term of the preceding funding agreement.

(f)

Existing funding agreements

¹August 18, 2000Each Indian tribe participating in the Tribal Self-Governance Demonstration Project established under title III  on , shall have the option at any time thereafter to—

(1)

retain the Tribal Self-Governance Demonstration Project funding agreement of that Indian tribe (in whole or in part) to the extent that the provisions of that funding agreement are not directly contrary to any express provision of this subchapter; or

(2)

instead of retaining a funding agreement or portion thereof under paragraph (1), negotiate a new funding agreement in a manner consistent with the requirements of this subchapter.

(g)

Stable base funding

section 5325(a) of this titleAt the option of an Indian tribe, a funding agreement may provide for a stable base budget specifying the recurring funds (including, for purposes of this provision, funds available under ) to be transferred to such Indian tribe, for such period as may be specified in the funding agreement, subject to annual adjustment only to reflect changes in congressional appropriations by sub-sub activity excluding earmarks.

Pub. L. 93–638, title V, § 505 Pub. L. 106–260, § 4Aug. 18, 2000114 Stat. 716(, as added , , .)

Editorial Notes

References in Text

April 16, 1934act Apr. 16, 1934, ch. 147 48 Stat. 596 section 5301 of this titleAct of , referred to in subsec. (b)(2)(B), is , , popularly known as the Johnson-O’Malley Act, which was classified generally to section 452 et seq. of this title prior to editorial reclassification as section 5342 et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

August 5, 1954act Aug. 5, 1954, ch. 658 68 Stat. 674Act of , referred to in subsec. (b)(2)(C), is , , which is classified generally to subchapter I (§ 2001 et seq.) of chapter 22 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables.

Pub. L. 94–437Sept. 30, 197690 Stat. 1400 section 1601 of this titleThe Indian Health Care Improvement Act, referred to in subsec. (b)(2)(D), is , , , which is classified principally to chapter 18 (§ 1601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 99–570Oct. 27, 1986100 Stat. 3207–137 section 2401 of this titleThe Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986, referred to in subsec. (b)(2)(E), is subtitle C of title IV of , , , which is classified generally to chapter 26 (§ 2401 et seq.) of this title. For complete classification of subtitle C to the Code, see Short Title note set out under and Tables.

Pub. L. 93–638 Pub. L. 100–472, title II, § 209Oct. 5, 1988102 Stat. 2296 section 450f of this title Pub. L. 106–260, § 10Aug. 18, 2000114 Stat. 734Title III, referred to in subsec. (f), means title III of , as added by , , , which was set out as a note under former prior to repeal by , , .

Codification

section 458aaa–4 of this titleSection was formerly classified to prior to editorial reclassification and renumbering as this section.