
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[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-7]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER II--INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
 
          Part E--Tribal Self-Governance--Indian Health Service
 
Sec. 458aaa-7. Transfer of funds


(a) In general

    Pursuant to the terms of any compact or funding agreement entered 
into under this part, the Secretary shall transfer to the Indian tribe 
all funds provided for in the funding agreement, pursuant to subsection 
(c) of this section, and provide funding for periods covered by joint 
resolution adopted by Congress making continuing appropriations, to the 
extent permitted by such resolutions. In any instance where a funding 
agreement requires an annual transfer of funding to be made at the 
beginning of a fiscal year, or requires semiannual or other periodic 
transfers of funding to be made commencing at the beginning of a fiscal 
year, the first such transfer shall be made not later than 10 days after 
the apportionment of such funds by the Office of Management and Budget 
to the Department, unless the funding agreement provides otherwise.

(b) Multiyear funding

    The Secretary is authorized to employ, upon tribal request, 
multiyear funding agreements. References in this part to funding 
agreements shall include such multiyear funding agreements.

(c) Amount of funding

    The Secretary shall provide funds under a funding agreement under 
this part in an amount equal to the amount that the Indian tribe would 
have been entitled to receive under self-determination contracts under 
this subchapter, including amounts for direct program costs specified 
under section 450j-1(a)(1) of this title and amounts for contract 
support costs specified under section 450j-1(a) (2), (3), (5), and (6) 
of this title, including any funds that are specifically or functionally 
related to the provision by the Secretary of services and benefits to 
the Indian tribe or its members, all without regard to the 
organizational level within the Department where such functions are 
carried out.

(d) Prohibitions

                           (1) In general

        Except as provided in paragraph (2), the Secretary is expressly 
    prohibited from--
            (A) failing or refusing to transfer to an Indian tribe its 
        full share of any central, headquarters, regional, area, or 
        service unit office or other funds due under this subchapter, 
        except as required by Federal law;
            (B) withholding portions of such funds for transfer over a 
        period of years; and
            (C) reducing the amount of funds required under this 
        subchapter--
                (i) to make funding available for self-governance 
            monitoring or administration by the Secretary;
                (ii) in subsequent years, except pursuant to--
                    (I) a reduction in appropriations from the previous 
                fiscal year for the program or function to be included 
                in a compact or funding agreement;
                    (II) a congressional directive in legislation or 
                accompanying report;
                    (III) a tribal authorization;
                    (IV) a change in the amount of pass-through funds 
                subject to the terms of the funding agreement; or
                    (V) completion of a project, activity, or program 
                for which such funds were provided;

                (iii) to pay for Federal functions, including Federal 
            pay costs, Federal employee retirement benefits, automated 
            data processing, technical assistance, and monitoring of 
            activities under this subchapter; or
                (iv) to pay for costs of Federal personnel displaced by 
            self-determination contracts under this subchapter or self-
            governance;

                            (2) Exception

        The funds described in paragraph (1)(C) may be increased by the 
    Secretary if necessary to carry out this subchapter or as provided 
    in section 450j(c)(2) of this title.

(e) Other resources

    In the event an Indian tribe elects to carry out a compact or 
funding agreement with the use of Federal personnel, Federal supplies 
(including supplies available from Federal warehouse facilities), 
Federal supply sources (including lodging, airline transportation, and 
other means of transportation including the use of interagency motor 
pool vehicles) or other Federal resources (including supplies, services, 
and resources available to the Secretary under any procurement contracts 
in which the Department is eligible to participate), the Secretary shall 
acquire and transfer such personnel, supplies, or resources to the 
Indian tribe.

(f) Reimbursement to Indian Health Service

    With respect to functions transferred by the Indian Health Service 
to an Indian tribe, the Indian Health Service shall provide goods and 
services to the Indian tribe, on a reimbursable basis, including payment 
in advance with subsequent adjustment. The reimbursements received from 
those goods and services, along with the funds received from the Indian 
tribe pursuant to this part, may be credited to the same or subsequent 
appropriation account which provided the funding, such amounts to remain 
available until expended.

(g) Prompt Payment Act

    Chapter 39 of title 31 shall apply to the transfer of funds due 
under a compact or funding agreement authorized under this part.

(h) Interest or other income on transfers

    An Indian tribe is entitled to retain interest earned on any funds 
paid under a compact or funding agreement to carry out governmental or 
health purposes and such interest shall not diminish the amount of funds 
the Indian tribe is authorized to receive under its funding agreement in 
the year the interest is earned or in any subsequent fiscal year. Funds 
transferred under this part shall be managed using the prudent 
investment standard.

(i) Carryover of funds

    All funds paid to an Indian tribe in accordance with a compact or 
funding agreement shall remain available until expended. In the event 
that an Indian tribe elects to carry over funding from 1 year to the 
next, such carryover shall not diminish the amount of funds the Indian 
tribe is authorized to receive under its funding agreement in that or 
any subsequent fiscal year.

(j) Program income

    All Medicare, Medicaid, or other program income earned by an Indian 
tribe shall be treated as supplemental funding to that negotiated in the 
funding agreement. The Indian 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 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 
Indian tribe is authorized to receive under its funding agreement in the 
year the program income is received or for any subsequent fiscal year.

(k) Limitation of costs

    An Indian tribe shall not be obligated to continue performance that 
requires an expenditure of funds in excess of the amount of funds 
transferred under a compact or funding agreement. If at any time the 
Indian tribe has reason to believe that the total amount provided for a 
specific activity in the compact or funding agreement is insufficient 
the Indian tribe shall provide reasonable notice of such insufficiency 
to the Secretary. If the Secretary does not increase the amount of funds 
transferred under the funding agreement, the Indian tribe may suspend 
performance of the activity until such time as additional funds are 
transferred.

(Pub. L. 93-638, title V, Sec. 508, as added Pub. L. 106-260, Sec. 4, 
Aug. 18, 2000, 114 Stat. 722.)

                       References in Text

    This subchapter, referred to in subsecs. (c) and (d), was in the 
original ``this Act'', meaning Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 
2203, as amended, known as the Indian Self-Determination and Education 
Assistance Act, which is classified principally to this subchapter 
(Sec. 450 et seq.). For complete classification of this Act to the Code, 
see Short Title note set out under section 450 of this title and Tables.
    The Indian Health Care Improvement Act, referred to in subsec. (j), 
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.

                  Section Referred to in Other Sections

    This section is referred to in section 458aaa-6 of this title.
