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25 U.S.C. § 458aaa–10 — Transferred
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458aaa was editorially reclassified as [section 5381 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5381&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 458aaa–10
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Stable record: federal_law:legal_authorities:record_usc_1cb08ce661842de717dad602
Source file: Laws/federal/codes/united-states-code/title-25/section-458aaa10-transferred--08ef5a2318.md
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Passage SHA-256: 0d1612d3167dfc6ec957adfc98bb3f54dfe6144350335064baa22b27a2dd06fe
Source location: Title 25, Chapter 14, § 458aaa–10; chapter-014-miscellaneous.md
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### Statutory Notes
#### Codification
Section 458aaa was editorially reclassified as [section 5381 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5381&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** At the request of the governing body of an Indian Tribe and under the terms of an applicable funding agreement, the Secretary shall provide funding to the Indian Tribe to carry out the funding agreement.
**(b) Advance annual payment** At the option of the Indian Tribe, a funding agreement shall provide for an advance annual payment to an Indian Tribe.
**(c) Amount**
(1) **In general** — Subject to subsection (e) and sections 5363 and 5365 of this title, the Secretary shall provide funds to the Indian Tribe under a funding agreement for programs in an amount that is equal to the amount that the Indian Tribe would have been entitled to receive under contracts and grants under this chapter (including amounts for direct program and contract support costs and, in addition, 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) without regard to the organization level within the Department at which the programs are carried out.
(2) **Savings clause** — Nothing in this section reduces programs, services, or funds of, or provided to, another Indian Tribe.
**(d) Timing**
(1) **In general** — Pursuant to the terms of any compact or funding agreement entered into under this subchapter, the Secretary shall transfer to the Indian Tribe all funds provided for in the funding agreement, pursuant to subsection (c), and provide funding for periods covered by joint resolution adopted by Congress making continuing appropriations, to the extent permitted by such resolution.
(2) **Transfers** — Not later than 1 year after October 21, 2020, in any instance in which a funding agreement requires an annual transfer of funding to be made at the beginning of a fiscal year or re
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5381
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** Subject to the requirements of this section, the Secretary shall establish and carry out a program to be known as the tribal transportation self-governance program. The Secretary may delegate responsibilities for administration of the program as the Secretary determines appropriate.
**(b) Eligibility.—**
(1) **In general.—** — Subject to paragraphs (2) and (3), an Indian tribe shall be eligible to participate in the program if the Indian tribe requests participation in the program by resolution or other official action by the governing body of the Indian tribe, and demonstrates, for the preceding 3 fiscal years, financial stability and financial management capability, and transportation program management capability.
(2) **Criteria for determining financial stability and financial management capacity.—** — For the purposes of paragraph (1), evidence that, during the preceding 3 fiscal years, an Indian tribe had no uncorrected significant and material audit exceptions in the required annual audit of the Indian tribe’s self-determination contracts or self-governance funding agreements with any Federal agency shall be conclusive evidence of the required financial stability and financial management capability.
(3) **Criteria for determining transportation program management capability.—** — The Secretary shall require an Indian tribe to demonstrate transportation program management capability, including the capability to manage and complete projects eligible under this title and projects eligible under chapter 53 of title 49, to gain eligibility for the program.
**(c) Compacts.—**
(1) **Compact required.—** — Upon the request of an eligible Indian tribe, and subject to the requirements of this section, the Secretary shall negotiate and enter in
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 207
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