‘‘(1) to retain its negotiated compact (in whole 
or in part) to the extent that the provisions of the 
compact are not directly contrary to any express 
provision of this title; or 
‘‘(2) to negotiate a new compact in a manner 
consistent with this title. 
‘‘SEC. 405. FUNDING AGREEMENTS. 
‘‘(a) IN GENERAL.—The Secretary shall negotiate 
and enter into a written funding agreement with the gov-
erning body of an Indian tribe or tribal organization in 
a manner consistent with the trust responsibility of the 
Federal Government, treaty obligations, and the govern-
ment-to-government relationship between Indian tribes 
and the United States. 
‘‘(b) INCLUDED PROGRAMS.— 
‘‘(1) BUREAU OF INDIAN AFFAIRS AND OFFICE 
OF SPECIAL TRUSTEE.— 
‘‘(A) IN GENERAL.—A funding agreement 
shall, as determined by the Indian tribe, au-
thorize the Indian tribe to plan, conduct, con-
solidate, administer, and receive full tribal 
share funding for all programs carried out by 
the Bureau of Indian Affairs and Office of Spe-
cial Trustee, without regard to the agency or 
office within which the program is performed 
VerDate Nov 24 2008 
21:20 Jan 19, 2010
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H4347.IH
H4347
jlentini on DSKJ8SOYB1PROD with BILLS
(including funding for agency, area, and central 
office functions in accordance with subsection 
409(c)), that— 
‘‘(i) are provided for in the Act of 
April 16, 1934 (25 U.S.C. 452 et seq.); 
‘‘(ii) the Secretary administers for the 
benefit of Indians under the Act of Novem-
ber 2, 1921 (25 U.S.C. 13), or any subse-
quent Act; 
‘‘(iii) the Secretary administers for 
the benefit of Indians with appropriations 
made to agencies other than the Depart-
ment of the Interior; or 
‘‘(iv) are provided for the benefit of 
Indians because of their status as Indians. 
‘‘(B) INCLUSIONS.—Programs described in 
subparagraph (A) shall include all programs 
with respect to which Indian tribes or Indians 
are primary or significant beneficiaries. 
‘‘(2) 
DEMONSTRATION
PROJECT.—The 
fol-
lowing programs, functions, services, and activities 
(or portions thereof) carried out by the Secretary or 
delegates of the Secretary shall be included in a con-
tract or compact under either title I or title IV of 
this Act at the Indian tribe’s option, on a dem-
VerDate Nov 24 2008 
21:20 Jan 19, 2010
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H4347.IH
H4347
jlentini on DSKJ8SOYB1PROD with BILLS
onstration basis for fiscal years 2011 through 2014, 
and only with respect to the particular Indian tribe 
identified in each subparagraph below: 
‘‘(A) HOOPA
VALLEY
TRIBE.—Programs, 
services, functions, and activities (or portions 
thereof) carried out under Public Law 102–575 
for the purpose of restoring the Trinity River 
fishery. 
‘‘(B) QUINAULT
INDIAN
NATION.—Pro-
grams, services, functions, and activities (or 
portions thereof) related to development, oper-
ation, and maintenance of the National Salmon 
Hatchery located on the Quinault Reservation. 
‘‘(C) LUMMI
NATION.—Notwithstanding 
any other provision of this title, programs, serv-
ices, functions, and activities (or portions there-
of) under the education provisions of Public 
Laws 95–561, 98–511, 99–99, and 100–297, 
and part 32 of title 25, Code of Federal Regu-
lations, excluding the formula developed pursu-
ant to section 1128 of the Education Amend-
ments of 1978 (25 U.S.C. 2008). 
‘‘(3) DISCRETIONARY
PROGRAMS.—A funding 
agreement under subsection (a) may, in accordance 
with such additional terms as the parties consider to 
VerDate Nov 24 2008 
21:20 Jan 19, 2010
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H4347.IH
H4347
jlentini on DSKJ8SOYB1PROD with BILLS
be appropriate, include programs, services, func-
tions, and activities (or portions thereof), adminis-
tered by the Secretary, in addition to programs de-
scribed in paragraphs (1) and (2), that are of special 
geographic, historical, or cultural significance to the 
Indian tribe. 
‘‘(4) COMPETITIVE BIDDING.—Nothing in this 
section— 
‘‘(A) supersedes any express statutory re-
quirement for competitive bidding; or 
‘‘(B) prohibits the inclusion in a funding 
agreement of a program in which non-Indians 
have an incidental or legally identifiable inter-
est. 
‘‘(5) EXCLUDED FUNDING.—A funding agree-
ment shall not authorize an Indian tribe to plan, 
conduct, administer, or receive tribal share funding 
under any program that— 
‘‘(A) is provided under the Tribally Con-
trolled College or University Assistance Act of 
1978 (25 U.S.C. 1801 et seq.); and 
‘‘(B) is provided for elementary and sec-
ondary schools under the formula developed 
under section 1127 of the Education Amend-
ments of 1978 (25 U.S.C. 2007). 
VerDate Nov 24 2008 
21:20 Jan 19, 2010
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H4347.IH
H4347
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(6) SERVICES, FUNCTIONS, AND RESPONSIBIL-
ITIES.—A funding agreement shall specify— 
‘‘(A) the services to be provided under the 
funding agreement; 
‘‘(B) the functions to be performed under 
the funding agreement; and 
‘‘(C) the responsibilities of the Indian tribe 
and the Secretary under the funding agreement. 
‘‘(7) BASE
BUDGET.—A funding agreement 
shall, at the option of the Indian tribe, provide for 
a stable base budget specifying the recurring funds 
(including funds available under section 106(a)) to 
be transferred to the Indian tribe, for such period as 
the Indian tribe specifies in the funding agreement, 
subject to annual adjustment only to reflect changes 
in congressional appropriations. 
‘‘(8) NO WAIVER OF TRUST RESPONSIBILITY.— 
A funding agreement shall prohibit the Secretary 
from waiving, modifying, or diminishing in any way 
the trust responsibility of the United States with re-
spect to Indian tribes and individual Indians that ex-
ists under treaties, Executive orders, court decisions, 
and other laws. 
‘‘(c) AMENDMENT.—The Secretary shall not revise, 
amend, or require additional terms in a new or subsequent 
VerDate Nov 24 2008 
21:20 Jan 19, 2010
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H4347.IH
H4347
jlentini on DSKJ8SOYB1PROD with BILLS