§ 1000.610. What must be included in a funding agreement?
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/us/cfr/t25/s§ 1000.610·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Each funding agreement must:
(1)Specify the PSFAs that the Tribe/Consortium is authorized to plan, conduct, consolidate, and administer and the responsibilities of the Secretary as outlined in § 1000.650;
(2)Provide for the Secretary to monitor the performance of trust functions administered by the Tribe/Consortium through the annual trust evaluation as specified in subpart O of this part;
(3)Provide for annual or semi-annual installments of advance payment(s), at the option of the Tribe/Consortium;
(4)Provide for the incorporation of required provisions of title I of Public Law 93-638, as amended, pursuant to section 201(d) of the PROGRESS for Indian Tribes Act, and for the incorporation of other provisions of title I of Public Law 93-638, as amended, at the option of the Tribe/Consortium;
(5)Provide for a stable base budget as outlined in §§ 1000.745 through 1000.760, at the option of the Tribe/Consortium;
(6)Prohibit the Secretary from waiving, modifying, or diminishing the trust responsibility of the United States;
(7)Specify the funding agreement's effective date;
(8)Prohibit the Tribe/Consortium from contracting with the Secretary for duplicative funds and/or PSFAs under title I;
(9)Provide that the Tribe/Consortium shall be eligible for new programs and new funding on the same basis as other Indian Tribes; and shall be responsible for the administration of programs in accordance with the compact or funding agreement;
(10)Provide the funding amount(s); and
(11)Include as attachments and incorporate by reference additional documents agreed upon by the parties.
(b)Subject to 25 U.S.C. 5365, the following must be included in either a compact or funding agreement. The Tribe/Consortium may include the following in either a compact or funding agreement:
(1)Conflicts of Interest;
(2)Applicable Cost Principles and application of the Single Audit Act;
(3)Limitations on remedies relating to cost disallowances;
(4)For non-construction programs, authorization for the Tribe/Consortium to redesign or consolidate programs and to reallocate funds for such programs;
(5)Reassumption;
(6)Retrocession; and
(7)Recordkeeping.
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- Pub. L. 93-638
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