{"data":{"id":"us/25-cfr-1000.845","jurisdiction":"us","citation":"25 CFR 1000.845","heading":"Are there any non-BIA programs that may not be included in a funding agreement?","body":"(a) Inherently Federal functions in accordance with 25 U.S.C. 5361(6) and 5363(k).\n(b) Programs where the statute establishing the existing program does not authorize the type of participation sought by the Tribe/Consortium. In determining whether a statute “does not authorize the type of participation sought by” the Tribe/Consortium within the meaning of 25 U.S.C. 5363(k), the Department shall take the following factors into consideration:\n(1) Tribes need not be identified in an authorizing statute in order for a program, or element of a program, to be included in a funding agreement;\n(2) The lack of specificity in a statute by itself does not create a blanket exclusion from inclusion of a program, or element of a program, in a funding agreement; and\n(3) It is not an adequate ground to refuse to compact specific functions that are not inherently Federal in character, simply because an organic statute vests an agency with generic management authority over a broad category of land.\n(c) The Secretary shall interpret each Federal law and regulation in a manner that facilitates:\n(1) The inclusion of programs in funding agreements; and\n(2) The implementation of funding agreements.","path":["Title 25—Indians","CHAPTER VI—OFFICE OF THE ASSISTANT SECRETARY, INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR","PART 1000—ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT","Subpart G—Funding Agreements for Non-BIA Programs"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-25.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:59Z","sha256":"3b0a8bf9d1faa0f287ea5d9025aaab359fd6b713b5da595d1b4d8b4e5d9b32ce","source_id":"us-cfr","stale":true,"prev":"us/25-cfr-1000.840","next":"us/25-cfr-1000.850"},"notice":"GroundRules: Original legal text. Not legal advice."}