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U.S. Code as of:
01/19/04
Section 458aaa-4. 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) Contents
(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
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(A) section 13 of this title;
(B) the Act of April 16, 1934 (48 Stat. 596; chapter 147; 25
U.S.C. 452 et seq.);
(C) the Act of August 5, 1954 (68 Stat. 674; chapter 658) [42
U.S.C. 2001 et seq.];
(D) the Indian Health Care Improvement Act (25 U.S.C. 1601 et
seq.);
(E) the Indian Alcohol and Substance Abuse Prevention and
Treatment Act of 1986 (25 U.S.C. 2401 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 part.
(d) Funding agreement terms
Each funding agreement under this part 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
Each Indian tribe participating in the Tribal Self-Governance
Demonstration Project established under title III (!1) on August
18, 2000, 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 part; 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 part.
(g) Stable base funding
At 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 section
450j-1(a) of this title) 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.
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