
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC458aaa-4]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER II--INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
 
          Part E--Tribal Self-Governance--Indian Health Service
 
Sec. 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--
            (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\ See References in Text note below.
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        (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.

(Pub. L. 93-638, title V, Sec. 505, as added Pub. L. 106-260, Sec. 4, 
Aug. 18, 2000, 114 Stat. 716.)

                       References in Text

    Act of April 16, 1934, referred to in subsec. (b)(2)(B), is act Apr. 
16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the 
Johnson-O'Malley Act, which is classified generally to section 452 et 
seq. of this title. For complete classification of this Act to the Code, 
see Short Title note set out under section 452 of this title and Tables.
    Act of August 5, 1954, referred to in subsec. (b)(2)(C), is act Aug. 
5, 1954, ch. 658, 68 Stat. 674, as amended, which is classified 
generally to subchapter I (Sec. 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.
    The Indian Health Care Improvement Act, referred to in subsec. 
(b)(2)(D), is Pub. L. 94-437, Sept. 30, 1976, 90 Stat. 1400, as amended, 
which is classified principally to chapter 18 (Sec. 1601 et seq.) of 
this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 1601 of this title and Tables.
    The 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 
Pub. L. 99-570, Oct. 27, 1986, 100 Stat. 3207-137, as amended, which is 
classified generally to chapter 26 (Sec. 2401 et seq.) of this title. 
For complete classification of subtitle C to the Code, see Short Title 
note set out under section 2401 of this title and Tables.
    Title III, referred to in subsec. (f), means title III of Pub. L. 
93-638, as added by Pub. L. 100-472, title II, Sec. 209, Oct. 5, 1988, 
102 Stat. 2296, and amended, which was set out as a note under section 
450f of this title prior to repeal by Pub. L. 106-260, Sec. 10, Aug. 18, 
2000, 114 Stat. 734.

                  Section Referred to in Other Sections

    This section is referred to in sections 458aaa-5, 458aaa-11, 458aaa-
12 of this title.
