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25 U.S.C. § 5395 — Funding agreements
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granulei
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Source file: Laws/federal/codes/united-states-code/title-25/section-5395-funding-agreements--5375220a36.md
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Source location: Title 25, Chapter 46, § 5395; chapter-046-indian-self-determination-and-education-assistance.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim);
(B) the Act of April 16, 1934 (48 Stat. 596; chapter 147; [25 U.S.C. 452](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section452&num=0&edition=prelim) et seq.); 11 See References in Text note below.
(C) the Act of August 5, 1954 (68 Stat. 674; chapter 658) [[42 U.S.C. 2001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2001&num=0&edition=prelim) et seq.];
(D) the Indian Health Care Improvement Act ([25 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1601&num=0&edition=prelim) et seq.);
(E) the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 ([25 U.S.C. 2401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2401&num=0&edition=prelim) 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 subchapter.
**(d) Funding agreement terms** Each funding agreement under this subchapter 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 subchapter; 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 subchapter.
**(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 5325(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5325/a&num=0&edition=prelim)) 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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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 450 was editorially reclassified as [section 5301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450f
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5301
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Federal law — U.S. Code and appendices · legal_authorities
The Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States for the following purposes:
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 13
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Federal law — U.S. Code and appendices · legal_authorities
$10,000,000 shall remain available until expended, for the establishment of an Indian Catastrophic Health Emergency Fund (hereinafter referred to as the “Fund”). On and after October 18, 1986, the Fund is to cover the Indian Health Service portion of the medical expenses of catastrophic illness falling within the responsibility of the Service and shall be administered by the Secretary of Health and Human Services, acting through the central office of the Indian Health Service. No part of the Fund or its administration shall be subject to contract or grant under the Indian Self-Determination and Education Assistance Act (Public Law 93–638) [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.]. There shall be deposited into the Fund all amounts recovered under the authority of the Federal Medical Care Recovery Act ([42 U.S.C. 2651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2651&num=0&edition=prelim) et seq.), which shall become available for obligation upon receipt and which shall remain available for obligation until expended. The Fund shall not be used to pay for health services provided to eligible Indians to the extent that alternate Federal, State, local, or private insurance resources for payment: (1) are available and accessible to the beneficiary; or (2) would be available and accessible if the beneficiary were to apply for them; or (3) would be available and accessible to other citizens similarly situated under Federal, State, or local law or regulation or private insurance program notwithstanding Indian Health Service eligibility or residency on or off a Federal Indian reservation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1601
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 450j was editorially reclassified as [section 5324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 452
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds and declares that—
(1) the Federal Government has a historical relationship and unique legal and moral responsibility to Indian tribes and their members,
(2) included in this responsibility is the treaty, statutory, and historical obligation to assist the Indian tribes in meeting the health and social needs of their members,
(3) alcoholism and alcohol and substance abuse is the most severe health and social problem facing Indian tribes and people today and nothing is more costly to Indian people than the consequences of alcohol and substance abuse measured in physical, mental, social, and economic terms,
(4) alcohol and substance abuse is the leading generic risk factor among Indians, and Indians die from alcoholism at over 4 times the age-adjusted rates for the United States population and alcohol and substance misuse results in a rate of years of potential life lost nearly 5 times that of the United States,
(5) 4 of the top 10 causes of death among Indians are alcohol and drug related injuries (18 percent of all deaths), chronic liver disease and cirrhosis (5 percent), suicide (3 percent), and homicide (3 percent),
(6) primarily because deaths from unintentional injuries and violence occur disproportionately among young people, the age-specific death rate for Indians is approximately double the United States rate for the 15 to 45 age group,
(7) Indians between the ages of 15 and 24 years of age are more than 2 times as likely to commit suicide as the general population and approximately 80 percent of those suicides are alcohol-related,
(8) Indians between the ages of 15 and 24 years of age are twice as likely as the general population to die in automobile accidents, 75 percent of which are alcohol-related,
(9) the Indian Health Service, whi
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2401
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** All functions, responsibilities, authorities, and duties of the Department of the Interior, the Bureau of Indian Affairs, Secretary of the Interior, and the Commissioner of Indian Affairs relating to the maintenance and operation of hospital and health facilities for Indians, and the conservation of the health of Indians, are transferred to, and shall be administered by, the Surgeon General of the United States Public Health Service, under the supervision and direction of the Secretary of Health and Human Services: Provided, That hospitals now in operation for a specific tribe or tribes of Indians shall not be closed prior to July 1, 1956, without the consent of the governing body of the tribe or its organized council.
**(b)** In carrying out his functions, responsibilities, authorities, and duties under this subchapter, the Secretary is authorized, with the consent of the Indian people served, to contract with private or other non-Federal health agencies or organizations for the provision of health services to such people on a fee-for-service basis or on a prepayment or other similar basis.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2001
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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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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458aaa–14 was editorially reclassified as [section 5395 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5395&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 458ccc–2
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Federal law — U.S. Code and appendices · legal_authorities
Page 240
TITLE 25—INDIANS
§ 1601
Sec.
1655.
Evaluations; renewals.
1656.
Other contract and grant requirements.
1657.
Reports and records.
1658.
Limitation on contract authority.
1659.
Facilities renovation.
1660.
Urban Health Programs Branch.
1660a.
Grants for alcohol and substance abuse re-
lated services.
1660b.
Treatment of certain demonstration projects.
1660c.
Urban NIAAA transferred programs.
1660d.
Conferring with urban Indian organizations.
1660e.
Expanded program authority for urban Indian
organizations.
1660f.
Community Health Representatives.
1660g.
Use of Federal Government facilities and
sources of supply.
1660h.
Health information technology.
1660i.
Deeming an Urban Indian organization and
employees thereof to be a part of the public
health service for the purposes of certain
claims for personal injury.
SUBCHAPTER V—ORGANIZATIONAL
IMPROVEMENTS
1661.
Establishment of the Indian Health Service
as an agency of the Public Health Service.
1662.
Automated management information system.
1663.
Office of Direct Service Tribes.
1663a.
Nevada Area Office.
SUBCHAPTER V–A—BEHAVIORAL HEALTH
PROGRAMS
PART A—GENERAL PROGRAMS
1665.
Definitions.
1665a.
Behavioral health prevention and treatment
services.
1665b.
Memoranda of agreement with the Depart-
ment of the Interior.
1665c.
Comprehensive behavioral health prevention
and treatment program.
1665d.
Mental health technician program.
1665e.
Licensing requirement for mental health care
workers.
1665f.
Indian women treatment programs.
1665g.
Indian youth program.
1665h.
Inpatient
and
community-based
mental
health facilities design, construction, and
staffing.
1665i.
Training and community education.
1665j.
Behavioral health program.
1665k.
Fetal
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 1601
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 1601. This identifies an authority to review, not proof of applicability.