Page:United States Statutes at Large Volume 114 Part 1.djvu/753

 PUBLIC LAW 106-260—AUG. 18, 2000 114 STAT. 717 that program, service, function, or activity (or portion thereof). "(c) INCLUSION IN COMPACT OR FUNDING AGREEMENT. —It shall not be a requirement that an Indian tribe or Indians be identified in the authorizing statute for a program or element of a program to be eligible for inclusion in a compact or funding agreement under this title. "(d) FUNDING AGREEMENT TERMS.— Each funding agreement under this title shall set forth— "(1) terms that generally identify the programs, services, functions, and activities (or portions thereof) to be performed or administered; and "(2) for the items identified in paragraph (1)— "(A) the general budget category assigned; "(B) the funds to be provided, including those funds to be provided on a recurring basis; "(C) the time and method of transfer of the funds; "(D) the responsibilities of the Secretary; and "(E) any other provision with respect to which the Indian tribe and the Secretary agree. "(e) SUBSEQUENT FUNDING AGREEMENTS. —Absent notification from an Indian tribe that is withdrawing or retroceding the operation of one or more programs, services, functions, or activities (or portions thereof) identified in a funding agreement, or unless otherwise agreed to by the parties, each funding agreement shall remain in full force and effect until a subsequent funding agreement is executed, and the terms of the subsequent funding agreement shall be retroactive to the end of the term of the preceding funding agreement. "(f) EXISTING FUNDING AGREEMENTS.— Each Indian tribe participating in the Tribal Self-Governance Demonstration Project established under title III on the date of the enactment of this title shall have the option at any time thereafter to— "(1) retain the Tribal Self-Governance Demonstration Project funding agreement of that Indian tribe (in whole or in part) to the extent that the provisions of that funding agreement are not directly contrary to any express provision of this title; or "(2) instead of retaining a funding agreement or portion thereof under paragraph (1), negotiate a new funding agreement in a manner consistent with the requirements of this title. "(g) STABLE BASE FUNDING. —At the option of an Indian tribe, a funding agreement may provide for a stable base budget specifying the recurring funds (including, for purposes of this provision, funds available under section 106(a)) to be transferred to such Indian tribe, for such period as may be specified in the funding agreement, subject to annual adjustment only to reflect changes in congressional appropriations by sub-sub activity excluding earmarks. "SEC. 506. GENERAL PROVISIONS. 25 USC "(a) APPLICABILITY.—The provisions of this section shall apply to compacts and funding agreements negotiated under this title and an Indian tribe may, at its option, include provisions that reflect such requirements in a compact or funding agreement. "(b) CONFLICTS OF INTEREST.— Indian tribes participating in self-governance under this title shall ensure that internal measures

�