# 25 C.F.R. § 1000.845 (2025): Are there any non-BIA programs that may not be included in a funding agreement?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_845

## Section

- **Citation:** 25 C.F.R. § 1000.845 (2025)
- **Heading:** Are there any non-BIA programs that may not be included in a funding agreement?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 25 CFR: 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 / § 1000.845: § 1000.845   Are there any non-BIA programs that may not be included in a funding agreement?

## Text

(a) Inherently Federal functions in accordance with 25 U.S.C. 5361(6) and 5363(k).
(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:
(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;
(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
(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.
(c) The Secretary shall interpret each Federal law and regulation in a manner that facilitates:
(1) The inclusion of programs in funding agreements; and
(2) The implementation of funding agreements.

## Nearby sections

- [25 C.F.R. § 1000.801 (2025) § 1000.801   What is the purpose of this subpart?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_801.md)
- [25 C.F.R. § 1000.805 (2025) § 1000.805   What is a funding agreement for a non-BIA program?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_805.md)
- [25 C.F.R. § 1000.810 (2025) § 1000.810   What non-BIA programs are eligible for inclusion in a funding agreement?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_810.md)
- [25 C.F.R. § 1000.815 (2025) § 1000.815   Are there non-BIA programs for which the Secretary must negotiate for inclusion in a funding agreement subject to such terms as the parties may negotiate?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_815.md)
- [25 C.F.R. § 1000.820 (2025) § 1000.820   What programs are included under section 403(b)(2) (25 U.S.C. 5363(b)(2))?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_820.md)
- [25 C.F.R. § 1000.825 (2025) § 1000.825   What programs are included under section 403(c) (25 U.S.C. 5363(c))?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_825.md)
- [25 C.F.R. § 1000.830 (2025) § 1000.830   What does “special geographic, historical or cultural” mean?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_830.md)
- [25 C.F.R. § 1000.835 (2025) § 1000.835   Under section 403(b)(2) (25 U.S.C. 5363(b)(2)), when must programs be awarded non-competitively?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_835.md)
- [25 C.F.R. § 1000.840 (2025) § 1000.840   May a non-BIA bureau include in a funding agreement, on a non-competitive basis, programs of special geographic, historical, or cultural significance?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_840.md)
- [25 C.F.R. § 1000.845 (2025) § 1000.845   Are there any non-BIA programs that may not be included in a funding agreement?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_845.md)
- [25 C.F.R. § 1000.850 (2025) § 1000.850   Does a Tribe/Consortium need to be identified in an authorizing statute in order for a program or element of a program to be included in a non-BIA funding agreement?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_850.md)
- [25 C.F.R. § 1000.855 (2025) § 1000.855   Will Tribes/Consortia participate in the Secretary's determination of what is to be included on the annual list of available programs?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_855.md)
- [25 C.F.R. § 1000.860 (2025) § 1000.860   How will the Secretary consult with Tribes/Consortia in developing the list of available programs?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_860.md)
- [25 C.F.R. § 1000.865 (2025) § 1000.865   What else is on the list in addition to eligible programs?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_865.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_845. Check the current official text before relying on it. Not legal advice.