§ 1000.225 What amount of funding is to be removed from the Consortium's funding agreement for the withdrawing Tribe?

When a Tribe withdraws from a Consortium, the Consortium's funding agreement must be reduced by the portion of funds attributable to the withdrawing Tribe. The Consortium must reduce the funding agreement on the same basis or methodology upon which the funds were included in the Consortium's funding agreement. (a) If there is not a clear identifiable methodology upon which to base the reduction for a particular program, the parties to the compact and funding agreement must negotiate an appropriate amount on a case-by-case basis. (b) If a Tribe withdraws in the middle of a funding year, the Consortium agreement must be amended to reflect: (1) A reduction based on the amount of funds passed directly to the Tribe, or already spent or obligated by the Consortium on behalf of the Tribe; and (2) That the Consortium is no longer providing those programs associated with the withdrawn funds. (c) Unexpended funds from a previous fiscal year may be factored into the amount by which the Consortium agreement is reduced if: (1) The parties to the compact and funding agreement and the withdrawing Tribe agree it is appropriate; and (2) The funds are clearly identifiable.