25 USC 5368 - Payment

U.S Code last checked for updates: Feb 22, 2025

§ 5368.

Payment

(a)

In general

(b)

Advance annual payment

(c)

Amount

(1)

In general

(2)

Savings clause

(d)

Timing

(1)

In general

(2)

Transfers

(e)

Availability

(f)

Multiyear funding

(g)

Limitations on authority of the Secretary

The Secretary shall not—

(1)

fail to transfer to an Indian Tribe its full share of any central, headquarters, regional, area, or service unit office or other funds due under this subchapter for programs eligible under paragraph (1) or (2) of section 5363(b) of this title, except as required by Federal law;

(2)

withhold any portion of such funds for transfer over a period of years; or

(3)

reduce the amount of funds required under this subchapter—

(A)

to make funding available for self-governance monitoring or administration by the Secretary;

(B)

in subsequent years, except as necessary as a result of—

(i)

a reduction in appropriations from the previous fiscal year for the program to be included in a compact or funding agreement;

(ii)

a congressional directive in legislation or an accompanying report;

(iii)

a Tribal authorization;

(iv)

a change in the amount of pass-through funds subject to the terms of the funding agreement; or

(v)

completion of an activity under a program for which the funds were provided;

(C)

to pay for Federal functions, including—

(i)

Federal pay costs;

(ii)

Federal employee retirement benefits;

(iii)

automated data processing;

(iv)

technical assistance; and

(v)

monitoring of activities under this subchapter; or

(D)

to pay for costs of Federal personnel displaced by self-determination contracts under this chapter or self-governance under this subchapter.

(h)

Federal resources

(i)

Prompt Payment Act

(j)

Interest or other income

(1)

In general

(2)

No effect on other amounts

(3)

Investment standard

(k)

Carryover of funds

(1)

In general

(2)

Effect of carryover

(l)

Limitation of costs

(1)

In general

(2)

Notice of insufficiency

(3)

Suspension of performance

(4)

Savings clause

(m)

Distribution of funds

(n)

Applicability

(Pub. L. 93–638, title IV, § 408, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 872.)

cite as: 25 USC 5368