42 CFR § 137.87 - May the Secretary reduce the amount of funds due under Title V in subsequent years?
---
identifier: "/us/cfr/t42/s137.87"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 137.87 - May the Secretary reduce the amount of funds due under Title V in subsequent years?"
title_number: 42
title_name: "Public Health"
section_number: "137.87"
section_name: "May the Secretary reduce the amount of funds due under Title V in subsequent years?"
chapter_name: "PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "M"
subchapter_name: "INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
part_number: "137"
part_name: "TRIBAL SELF-GOVERNANCE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "25 U.S.C. 458"
regulatory_source: "67 FR 35342, May 17, 2002, unless otherwise noted."
cfr_part: "137"
---
# 137.87 May the Secretary reduce the amount of funds due under Title V in subsequent years?
No, in accordance with section 508(d)(1)(C)(ii) of the Act [25 U.S.C. 458aaa-7(d)(1)(C)(ii)], the Secretary is prohibited from reducing the amount of funds required under Title V in subsequent years, except pursuant to:
(a) A reduction in appropriations from the previous fiscal year for the program or function to be included in a compact or funding agreement;
(b) A Congressional directive in legislation or accompanying report;
(c) A Tribal authorization;
(d) A change in the amount of pass-through funds subject to the terms of the funding agreement; or
(e) Completion of a project, activity, or program for which such funds were provided.