CFR > 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 F—Non-BIA Annual Self-Governance Compacts and Funding Agreements (§1000.120 to §1000.148) > 1000.129—Are there any programs that may not be included in an AFA?

1000.129—Are there any programs that may not be included in an AFA?

Yes, section 403(k) of the Act excludes from the program:
(a) Inherently Federal functions; and
(b) Programs where the statute establishing the existing program does not authorize the type of participation sought by the Tribe/Consortium, except as provided in § 1000.134.