25 CFR §1000.610

1. (a)Each funding agreement must:
   1. (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. (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. (3)Provide for annual or semi-annual installments of advance payment(s), at the option of the Tribe/Consortium;
   4. (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. (5)Provide for a stable base budget as outlined in §§ 1000.745 through 1000.760, at the option of the Tribe/Consortium;
   6. (6)Prohibit the Secretary from waiving, modifying, or diminishing the trust responsibility of the United States;
   7. (7)Specify the funding agreement's effective date;
   8. (8)Prohibit the Tribe/Consortium from contracting with the Secretary for duplicative funds and/or PSFAs under title I;
   9. (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. (10)Provide the funding amount(s); and
   11. (11)Include as attachments and incorporate by reference additional documents agreed upon by the parties.
2. (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. (1)Conflicts of Interest;
   2. (2)Applicable Cost Principles and application of the Single Audit Act;
   3. (3)Limitations on remedies relating to cost disallowances;
   4. (4)For non-construction programs, authorization for the Tribe/Consortium to redesign or consolidate programs and to reallocate funds for such programs;
   5. (5)Reassumption;
   6. (6)Retrocession; and
   7. (7)Recordkeeping.