§ 1000.610 What must be included in a funding agreement?

(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.