Title 25--INDIANS
Chapter VI-- OFFICE OF THE ASSISTANT SECRETARY, INDIAN AFFAIRS,


Sec. 900.256 Will a reassumption adversely affect funding available for the reassumed program? No. The Secretary shall provide at least the same...
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Subpart A_General Provisions Sec. 1000.2 Definitions. 403(c) Program means a non-BIA program eligible under section 403(c) of the Indian...


Subpart A_General Provisions Sec. 1000.3 Purpose and scope. (a) General. This part codifies uniform and consistent rules for the Department of the Interior...


Subpart A_General Provisions Sec. 1000.4 Policy statement. (a) Congressional findings. In the Tribal Self-Governance Act of 1994, the Congress...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.10 What is the purpose of this subpart? ...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.11 What is the ``applicant pool''? The applicant pool...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.12 What is a ``signatory''? A signatory is a Tribe...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.13 What is a ``nonsignatory Tribe''? (a) A...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.14 Who is eligible to participate in...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.15 How many additional Tribes/Consortia may participate...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.16 What criteria must a Tribe/Consortium satisfy to be...


of Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.17 What documents must a Tribe/Consortium submit to OSG to...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.18 May a Consortium member Tribe withdraw from the...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.19 What is done during the ``planning phase''? The...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.20 What is required in a planning report? As...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.21 When does a Tribe/Consortium have a ``material...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.22 What are the consequences of having a material...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.23 How is a Tribe/Consortium admitted to the...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.24 When does OSG accept applications to become a member of...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.25 What are the deadlines for a Tribe/Consortium in...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.26 Under what circumstances will a Tribe/Consortium be...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.27 How does the Director select which Tribes in the...


of Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.28 What happens if an application is not complete? ...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.29 What happens if a Tribe/Consortium is selected from...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.30 May a Tribe/Consortium be selected to negotiate an AFA...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.31 May a Tribe/Consortium be selected to negotiate an...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.32 What happens when a Tribe wishes to withdraw from a...


of Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.33 What amount of funding is to be removed from the...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.34 What happens if there is a dispute between the Consortium...


Additional Tribes for Participation in Tribal Self-Governance Sec. 1000.35 When a Tribe withdraws from a Consortium, is the...


402(d) Planning and Negotiation Grants Sec. 1000.40 What is the purpose of this subpart? Purpose and Types of Grants ...


Subpart C_Section 402(d) Planning and Negotiation Grants Sec. 1000.41 What types of grants are available? Three categories of grants may be available: (a)...


402(d) Planning and Negotiation Grants Sec. 1000.42 Will grants always be made available to meet the planning phase requirement as described in section 402(d) of...


402(d) Planning and Negotiation Grants Sec. 1000.43 May a Tribe/Consortium use its own resources to meet its self-governance planning and negotiation...


402(d) Planning and Negotiation Grants Sec. 1000.44 What happens if there are insufficient funds to meet the Tribal requests for planning/negotiation grants in any...


402(d) Planning and Negotiation Grants Sec. 1000.45 How many grants will the Department make each year and what funding will be available? The number...


402(d) Planning and Negotiation Grants Sec. 1000.46 Which Tribes/Consortia may be selected to receive a negotiation grant? Any Tribe/Consortium that...


402(d) Planning and Negotiation Grants Sec. 1000.47 What must a Tribe/Consortium do to receive a negotiation grant? If funds are available, a grant will...


Subpart C_Section 402(d) Planning and Negotiation Grants Sec. 1000.48 What must a Tribe do if it does not wish to receive a negotiation grant? A...


402(d) Planning and Negotiation Grants Sec. 1000.49 Who can apply for an advance planning grant? Any Tribe/Consortium that is not a self-governance Tribe...


402(d) Planning and Negotiation Grants Sec. 1000.50 What must a Tribe/Consortium seeking a planning grant submit in order to meet the planning...


402(d) Planning and Negotiation Grants Sec. 1000.51 How will Tribes/Consortia know when and how to apply for planning grants? The number and size of...


402(d) Planning and Negotiation Grants Sec. 1000.52 What criteria will the Director use to award advance planning grants? Advance planning grants...


402(d) Planning and Negotiation Grants Sec. 1000.53 Can Tribes/Consortia that receive advance planning grants also apply for a negotiation grant? ...


402(d) Planning and Negotiation Grants Sec. 1000.54 How will a Tribe/Consortium know whether or not it has been selected to receive an advance planning grant? ...


402(d) Planning and Negotiation Grants Sec. 1000.55 Can a Tribe/Consortium appeal within DOI the Director's decision not to award a grant under this subpart? ...


Assistance for Planning and Negotiation Grants for Non-BIA Programs Sec. 1000.60 What is the purpose of this subpart? ...


Assistance for Planning and Negotiation Grants for Non-BIA Programs Sec. 1000.61 Are other funds available to self-governance...


Assistance for Planning and Negotiation Grants for Non-BIA Programs Sec. 1000.62 Who can apply to OSG for grants to plan and...


Assistance for Planning and Negotiation Grants for Non-BIA Programs Sec. 1000.63 Under what circumstances may planning and negotiation...


Assistance for Planning and Negotiation Grants for Non-BIA Programs Sec. 1000.64 How does the Tribe/Consortium know when and how to apply...


Assistance for Planning and Negotiation Grants for Non-BIA Programs Sec. 1000.65 What kinds of activities do planning and negotiation...


Assistance for Planning and Negotiation Grants for Non-BIA Programs Sec. 1000.66 What must be included in the application? ...


Assistance for Planning and Negotiation Grants for Non-BIA Programs Sec. 1000.67 How will the Director award planning and...


Financial Assistance for Planning and Negotiation Grants for Non-BIA Programs Sec. 1000.68 May non-BIA bureaus provide technical assistance to...


Assistance for Planning and Negotiation Grants for Non-BIA Programs Sec. 1000.69 How can a Tribe/Consortium obtain comments or...


Assistance for Planning and Negotiation Grants for Non-BIA Programs Sec. 1000.70 What criteria will the Director use to rank the...


Assistance for Planning and Negotiation Grants for Non-BIA Programs Sec. 1000.71 Can an applicant appeal a decision not to award...


Assistance for Planning and Negotiation Grants for Non-BIA Programs Sec. 1000.72 Will OSG notify Tribes/Consortia and affected...


Assistance for Planning and Negotiation Grants for Non-BIA Programs Sec. 1000.73 Once a Tribe/Consortium has been awarded a grant, may...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.80 What is the purpose of this subpart? This...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.81 What is an annual funding agreement (AFA)? Annual...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.82 What types of provisions must be included in a BIA AFA? ...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.83 Can additional provisions be included in an AFA? Yes,...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.84 Does a Tribe/Consortium have the right to include provisions...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.85 Can a Tribe/Consortium negotiate an AFA with a term...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.86 What types of programs may be included in an AFA? ...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.87 How does the AFA specify the services provided,...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.88 Do Tribes/Consortia need Secretarial approval to redesign...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.89 Can the terms and conditions in an AFA be amended during the...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.90 What happens if an AFA expires before the effective date of...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.91 What funds must be transferred to a Tribe/Consortium under...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.92 What funds may not be included in an AFA? Funds...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.93 May the Secretary place any requirements on programs and...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.94 What are BIA residual funds? BIA residual funds are...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.95 How is BIA's residual determined? (a)...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.96 May a Tribe/Consortium continue to negotiate an AFA pending...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.97 What is a Tribal share? A Tribal share is the...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.98 How does BIA determine a Tribe's/Consortium's share of funds to...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.99 Can a Tribe/Consortium negotiate a Tribal share for...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.100 May a Tribe/Consortium obtain discretionary or...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.101 Are all funds identified as Tribal shares always paid to...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.102 How are savings that result from downsizing allocated? ...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.103 Do Tribes/Consortia need Secretarial approval to reallocate...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.104 Can funding amounts negotiated in an AFA be adjusted during...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.105 What are self-governance base budgets? (a)...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.106 Once a Tribe/Consortium establishes a base budget,...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.107 Must a Tribe/Consortium with a base budget or...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.108 How are self-governance base budgets established? At...


Funding Agreements for Bureau of Indian Affairs Programs Sec. 1000.109 How are self-governance base budgets adjusted? ...


Self-Governance Compacts and Funding Agreements Sec. 1000.120 What is the purpose of this subpart? Purpose ...


Annual Self-Governance Compacts and Funding Agreements Sec. 1000.121 What is an annual funding agreement for a non-BIA program? Annual funding agreements...


Self-Governance Compacts and Funding Agreements Sec. 1000.122 What non-BIA programs are eligible for inclusion in an annual funding agreement? ...


Self-Governance Compacts and Funding Agreements Sec. 1000.123 Are there non-BIA programs for which the Secretary must negotiate for inclusion in an AFA subject...


Self-Governance Compacts and Funding Agreements Sec. 1000.124 What programs are included under Section 403(b)(2) of the Act? Those programs, or...


Self-Governance Compacts and Funding Agreements Sec. 1000.125 What programs are included under Section 403(c)? Department of the Interior programs of...


Self-Governance Compacts and Funding Agreements Sec. 1000.126 What does ``special geographic, historical or cultural'' mean? (a) Geographic generally...


Self-Governance Compacts and Funding Agreements Sec. 1000.127 Under Section 403(b)(2), when must programs be awarded non-competitively? Programs...


Self-Governance Compacts and Funding Agreements Sec. 1000.128 Is there a contracting preference for programs of special geographic, historical, or...


Self-Governance Compacts and Funding Agreements Sec. 1000.129 Are there any programs that may not be included in an AFA? Yes, section 403(k) of the Act...


Self-Governance Compacts and Funding Agreements Sec. 1000.130 Does a Tribe/Consortium need to be identified in an authorizing statute in order for a program...


Self-Governance Compacts and Funding Agreements Sec. 1000.131 Will Tribes/Consortia participate in the Secretary's determination of what is to be included on...


Self-Governance Compacts and Funding Agreements Sec. 1000.132 How will the Secretary consult with Tribes/Consortia in developing the list of...


Self-Governance Compacts and Funding Agreements Sec. 1000.133 What else is on the list in addition to eligible programs? The list will also include...


Self-Governance Compacts and Funding Agreements Sec. 1000.134 May a bureau negotiate with a Tribe/Consortium for programs not specifically included on the annual...


Self-Governance Compacts and Funding Agreements Sec. 1000.135 How will a bureau negotiate an annual funding agreement for a program of special...


Self-Governance Compacts and Funding Agreements Sec. 1000.136 When will this determination be made? It will occur during the pre-negotiation process, subject...


Annual Self-Governance Compacts and Funding Agreements Sec. 1000.137 What funds are included in an AFA? Bureaus determine the amount of funding to be included...


Self-Governance Compacts and Funding Agreements Sec. 1000.138 How are indirect cost rates determined? The Department's Office of the Inspector General (OIG)...


Self-Governance Compacts and Funding Agreements Sec. 1000.139 Will the established indirect cost rates always apply to new AFAs? No, the...


Self-Governance Compacts and Funding Agreements Sec. 1000.140 How does the Secretary determine the amount of indirect contract support costs? The...


Self-Governance Compacts and Funding Agreements Sec. 1000.141 Is there a predetermined cap or limit on indirect cost rates or a fixed formula for calculating...


Annual Self-Governance Compacts and Funding Agreements Sec. 1000.142 Instead of the negotiated indirect cost rate, is it possible to establish a fixed amount...


Self-Governance Compacts and Funding Agreements Sec. 1000.143 May the bureaus negotiate terms to be included in an AFA for non-Indian programs? Yes,...


Self-Governance Compacts and Funding Agreements Sec. 1000.144 Can a Tribe reallocate funds for a non-BIA non-Indian program? Yes, section 403(b)...


Self-Governance Compacts and Funding Agreements Sec. 1000.145 Do Tribes/Consortia need Secretarial approval to reallocate funds between Title-I eligible...


Self-Governance Compacts and Funding Agreements Sec. 1000.146 Can a Tribe/Consortium negotiate an AFA with a non-BIA bureau for which the performance period exceeds...


Self-Governance Compacts and Funding Agreements Sec. 1000.147 Can the terms and conditions in a non-BIA AFA be amended during the year it is in effect? ...


Self-Governance Compacts and Funding Agreements Sec. 1000.148 What happens if an AFA expires before the effective date of the successor AFA? If...


Subpart G_Negotiation Process for Annual Funding Agreements Sec. 1000.160 What is the purpose of this subpart? Purpose ...


Process for Annual Funding Agreements Sec. 1000.161 What is a self-governance compact? A self-governance compact is an executed document that affirms...


Process for Annual Funding Agreements Sec. 1000.162 What is included in a self-governance compact? A model format for self-governance compacts appears...


Process for Annual Funding Agreements Sec. 1000.163 Can a Tribe/Consortium negotiate other terms and conditions not contained in the model compact? ...


Process for Annual Funding Agreements Sec. 1000.164 Can a Tribe/Consortium have an AFA without entering into a compact? Yes, at the...


Process for Annual Funding Agreements Sec. 1000.165 Are provisions in compacts negotiated before January 16, 2001, effective after implementation? ...


Process for Annual Funding Agreements Sec. 1000.166 What are the phases of the negotiation process? There are two phases of the negotiation process: ...


Process for Annual Funding Agreements Sec. 1000.167 Who may initiate the information phase? Any Tribe/Consortium that has been admitted to the program or...


Process for Annual Funding Agreements Sec. 1000.168 Is it mandatory to go through the information phase before initiating the negotiation phase? No,...


Subpart G_Negotiation Process for Annual Funding Agreements Sec. 1000.169 How does a Tribe/Consortium initiate the information phase? A Tribe/Consortium initiates...


Process for Annual Funding Agreements Sec. 1000.170 What is the letter of interest? A letter of interest is the initial indication of interest...


Process for Annual Funding Agreements Sec. 1000.171 When should a Tribe/Consortium submit a letter of interest? A letter of interest may be submitted at...


Subpart G_Negotiation Process for Annual Funding Agreements Sec. 1000.172 What steps does the bureau take after a letter of interest is submitted by a Tribe/Consortium? ...


Process for Annual Funding Agreements Sec. 1000.173 How does a newly selected Tribe/Consortium initiate the negotiation phase? (a) To initiate...


Process for Annual Funding Agreements Sec. 1000.174 How and when does the bureau respond to a request to negotiate? (a) Within 15 days of receiving...


Process for Annual Funding Agreements Sec. 1000.175 What is the process for conducting the negotiation phase? (a) Within 30 days of receiving a...


Process for Annual Funding Agreements Sec. 1000.176 What issues must the bureau and the Tribe/Consortium address at negotiation meetings? ...


Process for Annual Funding Agreements Sec. 1000.177 What happens when the AFA is signed? (a) After all parties have signed the AFA, a copy is sent to...


Process for Annual Funding Agreements Sec. 1000.178 When does the AFA become effective? The effective date is not earlier than 90 days after the AFA...


Process for Annual Funding Agreements Sec. 1000.179 What happens if the Tribe/Consortium and bureau negotiators fail to reach an agreement? (a) If...


Process for Annual Funding Agreements Sec. 1000.180 What is a successor AFA? A successor AFA is a funding agreement negotiated after...


Subpart G_Negotiation Process for Annual Funding Agreements Sec. 1000.181 How does the Tribe/Consortium initiate the negotiation of a successor AFA? Although a...


Process for Annual Funding Agreements Sec. 1000.182 What is the process for negotiating a successor AFA? The Tribe/Consortium and the bureau use...


Reduction of BIA Services, Contracts, and Funds Sec. 1000.190 What is the purpose of this subpart? This...


Reduction of BIA Services, Contracts, and Funds Sec. 1000.191 To whom does this subpart apply? Participating...


Reduction of BIA Services, Contracts, and Funds Sec. 1000.192 What services, contracts, or funds are protected under...


Reduction of BIA Services, Contracts, and Funds Sec. 1000.193 Who may raise the issue of limitation or reduction of...


Reduction of BIA Services, Contracts, and Funds Sec. 1000.194 When must BIA raise the issue of limitation or reduction...


Reduction of BIA Services, Contracts, and Funds Sec. 1000.195 When must an affected Tribe/Consortium or Tribal...


Reduction of BIA Services, Contracts, and Funds Sec. 1000.196 What must be included in a finding by BIA or in a claim...


Reduction of BIA Services, Contracts, and Funds Sec. 1000.197 How will BIA resolve a claim? All findings and...


Reduction of BIA Services, Contracts, and Funds Sec. 1000.198 How must a limitation or reduction in services, contracts,...


Subpart I_Public Consultation Process Sec. 1000.210 When does a non-BIA bureau use a public consultation process related to the negotiation of an AFA? ...


Subpart I_Public Consultation Process Sec. 1000.211 Will the bureau contact the Tribe/Consortium before initiating public consultation process for a non-BIA AFA...


Subpart I_Public Consultation Process Sec. 1000.212 What is the role of the Tribe/Consortium when a bureau initiates a public meeting? When a bureau...


Subpart I_Public Consultation Process Sec. 1000.213 What should the bureau do if it is invited to attend a meeting with respect to the Tribe's/Consortium's...


Subpart I_Public Consultation Process Sec. 1000.214 Will the bureau and the Tribe/Consortium share information concerning inquiries about the Tribes/Consortia and...


Subpart J_Waiver of Regulations Sec. 1000.220 What regulations apply to self-governance Tribes? All regulations that govern the operation of programs...


Subpart J_Waiver of Regulations Sec. 1000.221 Can the Secretary grant a waiver of regulations to a Tribe/Consortium? Yes, a Tribe/Consortium may ask...


Subpart J_Waiver of Regulations Sec. 1000.222 How does a Tribe/Consortium obtain a waiver? To obtain a waiver, the Tribe/Consortium must: (a) Submit...


Subpart J_Waiver of Regulations Sec. 1000.223 When can a Tribe/Consortium request a waiver of a regulation? A Tribe/Consortium may request a waiver of...


Subpart J_Waiver of Regulations Sec. 1000.224 How can a Tribe/Consortium expedite the review of a regulation waiver request? A Tribe/Consortium may request...


Subpart J_Waiver of Regulations Sec. 1000.225 Are meetings or discussions mandatory? No, a meeting with the bureau officials is not necessary to submit a...


Subpart J_Waiver of Regulations Sec. 1000.226 On what basis may the Secretary deny a waiver request? The Secretary may deny a waiver request if: (a) For...


Subpart J_Waiver of Regulations Sec. 1000.227 What happens if the Secretary denies the waiver request? If the Secretary denies a waiver request, the Secretary...


Subpart J_Waiver of Regulations Sec. 1000.228 What are examples of waivers prohibited by law? Examples of when a waiver is prohibited by Federal law include: ...


Subpart J_Waiver of Regulations Sec. 1000.229 May a Tribe/Consortium propose a substitute for a regulation it wishes to be waived? Yes, where a...


Subpart J_Waiver of Regulations Sec. 1000.230 How is a waiver approval documented for the record? The waiver decision is made part of the AFA by attaching a copy...


Subpart J_Waiver of Regulations Sec. 1000.231 How does a Tribe/Consortium request reconsideration of the Secretary's denial of a waiver? (a)...


Subpart J_Waiver of Regulations Sec. 1000.232 When must DOI respond to a request for reconsideration? The Secretary must issue a written decision within 30 days...


Subpart K_Construction Sec. 1000.240 What construction programs included in an AFA are subject to this subpart? (a) All BIA and...


Subpart K_Construction Sec. 1000.241 Does this subpart create an agency relationship? No, a BIA or non-BIA construction program does not...


Subpart K_Construction Sec. 1000.242 What provisions relating to a construction program may be included in an AFA? The Secretary and the...


Subpart K_Construction Sec. 1000.243 What special provisions must be included in an AFA that contains a construction program? An AFA that contains...


Subpart K_Construction Sec. 1000.244 May the Secretary suspend construction activities under an AFA? (a) The Secretary may require a...


Subpart K_Construction Sec. 1000.245 May a Tribe/Consortium continue work with construction funds remaining in an AFA at the end of the funding year? ...


Subpart K_Construction Sec. 1000.246 Must an AFA that contains a construction project or activity incorporate provisions of Federal construction standards? ...


Subpart K_Construction Sec. 1000.247 May the Secretary require design provisions and other terms and conditions for construction programs or activities...


Subpart K_Construction Sec. 1000.248 What is the Tribe's/Consortium's role in a construction program included in an AFA? The Tribe/Consortium has...


Subpart K_Construction Sec. 1000.249 What is the Secretary's role in a construction program in an AFA? The Secretary has the following role regarding...


Subpart K_Construction Sec. 1000.250 How are property and funding returned if there is a reassumption for substantial failure to carry out an AFA? If...


Subpart K_Construction Sec. 1000.251 What happens when a Tribe/Consortium is suspended for substantial failure to carry out the terms of an AFA without good...


Subpart K_Construction Sec. 1000.252 Do all provisions of other subparts apply to construction portions of AFAs? Yes, all provisions of other subparts...


Subpart K_Construction Sec. 1000.253 When a Tribe withdraws from a Consortium, is the Secretary required to award to the withdrawing Tribe a portion of...


Subpart K_Construction Sec. 1000.254 May a Tribe/Consortium reallocate funds from a construction program to a non-construction program? No,...


Subpart K_Construction Sec. 1000.255 May a Tribe/Consortium reallocate funds among construction programs? Yes, a Tribe/Consortium may reallocate funds...


Subpart K_Construction Sec. 1000.256 Must the Secretary retain project funds to ensure proper health and safety standards in construction projects? ...


Subpart L_Federal Tort Claims Sec. 1000.270 What does this subpart cover? This subpart explains the applicability of the Federal Tort Claims Act...


Subpart L_Federal Tort Claims Sec. 1000.271 What other statutes and regulations apply to FTCA coverage? A number of other statutes and regulations apply to...


Subpart L_Federal Tort Claims Sec. 1000.272 Do Tribes/Consortia need to be aware of areas which FTCA does not cover? Yes, there are claims...


Subpart L_Federal Tort Claims Sec. 1000.273 Is there a deadline for filing FTCA claims? Yes, claims shall be filed within 2 years of the date of accrual....


Subpart L_Federal Tort Claims Sec. 1000.274 How long does the Federal government have to process a FTCA claim after the claim is received by the Federal agency,...


Subpart L_Federal Tort Claims Sec. 1000.275 Is it necessary for a self-governance AFA to include any clauses about FTCA coverage? No, clauses about...


Subpart L_Federal Tort Claims Sec. 1000.276 Does FTCA apply to a self-governance AFA if FTCA is not referenced in the AFA? Yes, FTCA applies even if the...


Subpart L_Federal Tort Claims Sec. 1000.277 To what extent shall the Tribe/Consortium cooperate with the Federal government in connection with tort claims arising...


Subpart L_Federal Tort Claims Sec. 1000.278 Does this coverage extend to subcontractors of self-governance AFAs? No, subcontractors or subgrantees...


Subpart L_Federal Tort Claims Sec. 1000.279 Is FTCA the exclusive remedy for a tort claim, including a claim concerning personal injury or death, resulting...


Subpart L_Federal Tort Claims Sec. 1000.280 What employees are covered by FTCA for medical-related claims? The following employees are covered by FTCA...


Subpart L_Federal Tort Claims Sec. 1000.281 Does FTCA cover employees of the Tribe/Consortium who are paid by the Tribe/Consortium from funds other than those...


Subpart L_Federal Tort Claims Sec. 1000.282 May persons who are not Indians or Alaska Natives assert claims under FTCA? Yes, non-Indian individuals...


Subpart L_Federal Tort Claims Sec. 1000.283 If the Tribe/Consortium or Tribe's/Consortium's employee receives a summons and/or a complaint alleging a tort covered...


Subpart M_Reassumption Sec. 1000.300 What is the purpose of this subpart? This subpart explains when the Secretary can reassume a program without...


Subpart M_Reassumption Sec. 1000.301 When may the Secretary reassume a Federal program operated by a Tribe/Consortium under an AFA? The Secretary...


Subpart M_Reassumption Sec. 1000.302 ``What is imminent jeopardy'' to a trust asset? Imminent jeopardy means an immediate threat and likelihood...


Subpart M_Reassumption Sec. 1000.303 What is imminent jeopardy to natural resources? The standard for natural resources is the same as for a physical...


Subpart M_Reassumption Sec. 1000.304 What is imminent jeopardy to public health and safety? Imminent jeopardy to public health and safety means an...


Subpart M_Reassumption Sec. 1000.305 In an imminent jeopardy situation, what must the Secretary do? In an imminent jeopardy situation, the Secretary must: ...


Subpart M_Reassumption Sec. 1000.306 Must the Secretary always reassume a program, upon a finding of imminent jeopardy? Yes, the Secretary must reassume...


Subpart M_Reassumption Sec. 1000.307 What happens if the Secretary's designated representative determines that the Tribe/Consortium cannot mitigate the conditions...


Subpart M_Reassumption Sec. 1000.308 What will the notice of reassumption include? The notice of reassumption under Sec. 1000.307 will include all of...


Subpart M_Reassumption Sec. 1000.309 How much time will a Tribe/Consortium have to respond to a notice of imminent jeopardy? The Tribe/Consortium will...


Subpart M_Reassumption Sec. 1000.310 What information must the Tribe's/Consortium's response contain? (a) The Tribe's/Consortium's response must...


Subpart M_Reassumption Sec. 1000.311 How will the Secretary reply to the Tribe's/Consortium's response? The Secretary will make a written...


Subpart M_Reassumption Sec. 1000.312 What happens if the Secretary accepts the Tribe's/Consortium's proposed measures? The Secretary must notify...


Subpart M_Reassumption Sec. 1000.313 What happens if the Secretary does not accept the Tribe's/Consortium's proposed measures? (a) If the Secretary...


Subpart M_Reassumption Sec. 1000.314 What must a Tribe/Consortium do when a program is reassumed? On the effective date of reassumption, the...


Subpart M_Reassumption Sec. 1000.315 When must the Tribe/Consortium return funds to the Department? The Tribe/Consortium must repay funds to the Department...


Subpart M_Reassumption Sec. 1000.316 May the Tribe/Consortium be reimbursed for actual and reasonable ``wind up costs'' incurred after the effective date...


Subpart M_Reassumption Sec. 1000.317 Is a Tribe's/Consortium's general right to negotiate an AFA adversely affected by a reassumption action? A...


Subpart M_Reassumption Sec. 1000.318 When will the Secretary return management of a reassumed program? A reassumed program may be included in future...


Subpart N_Retrocession Sec. 1000.330 What is the purpose of this subpart? This subpart explains what happens when a Tribe/Consortium...


Subpart N_Retrocession Sec. 1000.331 Is a decision by a Tribe/Consortium not to include a program in a successor agreement considered a retrocession? No,...


Subpart N_Retrocession Sec. 1000.332 Who may retrocede a program in an AFA? A Tribe/Consortium may retrocede a program. However, the right of a...


Subpart N_Retrocession Sec. 1000.333 How does a Tribe/Consortium retrocede a program? The Tribe/Consortium must submit: (a) A written notice to: ...


Subpart N_Retrocession Sec. 1000.334 When will the retrocession become effective? Unless subsequently rescinded by the Tribe/Consortium, a retrocession...


Subpart N_Retrocession Sec. 1000.335 How will retrocession affect the Tribe's/Consortium's existing and future AFAs? Retrocession does not affect...


Subpart N_Retrocession Sec. 1000.336 Does the Tribe/Consortium have to return funds used in the operation of a retroceded program? The Tribe/Consortium...


Subpart N_Retrocession Sec. 1000.337 Does the Tribe/Consortium have to return property used in the operation of a retroceded program? On the effective...


Subpart N_Retrocession Sec. 1000.338 What happens to a Tribe's/Consortium's mature contract status if it has retroceded a program that is also available...


Subpart N_Retrocession Sec. 1000.339 How does retrocession affect a bureau's operation of the retroceded program? The level of operation of the program...


Subpart O_Trust Evaluation Review Sec. 1000.350 What is the purpose of this subpart? This subpart describes how the trust responsibility of the...


Subpart O_Trust Evaluation Review Sec. 1000.351 Does the Tribal Self-Governance Act of 1994 alter the trust responsibility of the United States to Indian Tribes...


Subpart O_Trust Evaluation Review Sec. 1000.352 What are ``trust resources'' for the purposes of the trust evaluation process? (a) Trust resources...


Subpart O_Trust Evaluation Review Sec. 1000.353 What are ``trust functions'' for the purposes of the trust evaluation process? Trust functions are those...


Subpart O_Trust Evaluation Review Sec. 1000.354 What is a trust evaluation? A trust evaluation is an annual review and evaluation of trust functions performed...


Subpart O_Trust Evaluation Review Sec. 1000.355 How are trust evaluations conducted? (a) Each year the Secretary's designated representative(s) will...


Subpart O_Trust Evaluation Review Sec. 1000.356 May the trust evaluation process be used for additional reviews? Yes, if the...


Subpart O_Trust Evaluation Review Sec. 1000.357 May the parties negotiate standards of review for purposes of the trust evaluation? Yes, unless standards...


Subpart O_Trust Evaluation Review Sec. 1000.358 Can an initial review of the status of the trust asset be conducted? If the parties agree and it is...


Subpart O_Trust Evaluation Review Sec. 1000.359 What are the responsibilities of the Secretary's designated representative(s) after the annual trust evaluation? ...


Subpart O_Trust Evaluation Review Sec. 1000.360 Is the trust evaluation standard or process different when the trust asset is held in trust for an individual Indian or...


Subpart O_Trust Evaluation Review Sec. 1000.361 Will the annual review include a review of the Secretary's residual trust functions? Yes, if the...


Subpart O_Trust Evaluation Review Sec. 1000.362 What are the consequences of a finding of imminent jeopardy in the annual trust evaluation? (a) A finding...


Subpart O_Trust Evaluation Review Sec. 1000.363 What if the trust evaluation reveals problems that do not rise to the level of imminent jeopardy? Where...


Subpart O_Trust Evaluation Review Sec. 1000.364 Who is responsible for corrective action? The Tribe/Consortium is primarily responsible for identifying...


Subpart O_Trust Evaluation Review Sec. 1000.365 What are the requirements of the review team report? A report summarizing the results of the trust evaluation will...


Subpart O_Trust Evaluation Review Sec. 1000.366 Can the Department conduct more than one trust evaluation per Tribe per year? Trust evaluations are...


Subpart O_Trust Evaluation Review Sec. 1000.367 Will the Department evaluate a Tribe's/Consortium's performance of non-trust related programs? This depends...


Subpart P_Reports Sec. 1000.380 What is the purpose of this subpart? This subpart describes what reports are developed...


Subpart P_Reports Sec. 1000.381 How is information about self-governance developed and reported? Annually, the Secretary will compile a report...


Subpart P_Reports Sec. 1000.382 What may the Tribe's/Consortium's annual report on self-governance address? (a) The Tribe's/Consortium's...


Subpart Q_Miscellaneous Provisions Sec. 1000.390 How can a Tribe/Consortium hire a Federal employee to help implement an AFA? If a...


Subpart Q_Miscellaneous Provisions Sec. 1000.391 Can a Tribe/Consortium employee be detailed to a Federal service position? Yes, under the...


Subpart Q_Miscellaneous Provisions Sec. 1000.392 How does the Freedom of Information Act apply? (a) Access to records maintained by the Secretary is governed by...


Subpart Q_Miscellaneous Provisions Sec. 1000.393 How does the Privacy Act apply? At the option of the Tribe/Consortium, section 108(b) of Pub. L. 93- 638,...


Subpart Q_Miscellaneous Provisions Sec. 1000.394 What audit requirements must a self-governance Tribe/Consortium follow? The Tribe/Consortium must provide to...


Subpart Q_Miscellaneous Provisions Sec. 1000.395 Do OMB circulars and revisions apply to self-governance funding agreements? Yes, OMB circulars and...


Subpart Q_Miscellaneous Provisions Sec. 1000.396 Does a Tribe/Consortium have additional ongoing requirements to maintain minimum standards for Tribe/Consortium...


Subpart Q_Miscellaneous Provisions Sec. 1000.397 Are there any restrictions on how AFA funds may be spent? Yes, funds may be spent only for costs associated...


Subpart Q_Miscellaneous Provisions Sec. 1000.398 May a Tribe/Consortium invest funds received under a self-governance agreement? Yes, self-governance funds may...


Subpart Q_Miscellaneous Provisions Sec. 1000.399 How may interest or investment income that accrues on AFAs be used? Unless restricted by the AFA,...


Subpart Q_Miscellaneous Provisions Sec. 1000.400 Can a Tribe/Consortium retain savings from programs? Yes, for BIA programs, the Tribe/Consortium may retain...


Subpart Q_Miscellaneous Provisions Sec. 1000.401 Can a Tribe/Consortium carry over funds not spent during the term of the AFA? This section applies to...


Subpart Q_Miscellaneous Provisions Sec. 1000.402 After a non-BIA AFA has been executed and the funds transferred to a Tribe/Consortium, can a bureau request the...


Subpart Q_Miscellaneous Provisions Sec. 1000.403 How can a person or group appeal a decision or contest an action related to a program operated by a Tribe/Consortium under...


Subpart Q_Miscellaneous Provisions Sec. 1000.404 Must self-governance Tribes/Consortia comply with the Secretarial approval requirements of 25 U.S.C. 81; 82a; and...


Subpart Q_Miscellaneous Provisions Sec. 1000.405 Are AFA funds non-Federal funds for the purpose of meeting matching requirements? Yes, self-governance AFA...


Subpart Q_Miscellaneous Provisions Sec. 1000.406 Does Indian preference apply to services, activities, programs, and functions performed under a self-governance...


Subpart Q_Miscellaneous Provisions Sec. 1000.407 Do the wage and labor standards in the Davis-Bacon Act apply to Tribes and Tribal Consortia? No, wage...


Subpart Q_Miscellaneous Provisions Sec. 1000.408 Can a Tribe/Consortium use Federal supply sources in the performance of an AFA? A Tribe/Consortium and...


Subpart Q_Miscellaneous Provisions Sec. 1000.409 Does the Prompt Payment Act (31 U.S.C. 3901) apply to a non-BIA, non-Indian program AFA? Yes, upon...


Subpart R_Appeals Sec. 1000.420 What does ``Title-I eligible programs'' mean in this subpart? Throughout this subpart, the phrase ``Title...


Subpart R_Appeals Sec. 1000.421 What is the purpose of this subpart? This subpart prescribes the process Tribes/Consortia may use to resolve...


Subpart R_Appeals Sec. 1000.422 How must disputes be handled? (a) The Department encourages its Bureaus to seek all means of dispute resolution...


Subpart R_Appeals Sec. 1000.423 Are there any decisions that are not administratively appealable under this subpart? Yes, the following types...


Subpart R_Appeals Sec. 1000.424 Does a Tribe/Consortium have a right to an informal conference to resolve any disputes? Yes, the Tribe/Consortium...


Subpart R_Appeals Sec. 1000.425 How does a Tribe/Consortium request an informal conference? The Tribe/Consortium shall file its request for an...


Subpart R_Appeals Sec. 1000.426 How is an informal conference held? For all purposes relating to these informal conference procedures, the parties...


Subpart R_Appeals Sec. 1000.427 What happens after the informal conference? (a) Within 10 business days of the informal conference, the person...


Subpart R_Appeals Sec. 1000.428 How may a Tribe/Consortium appeal a decision made after the AFA or compact or amendment to an AFA or compact has...


Subpart R_Appeals Sec. 1000.429 What statutes and regulations govern resolution of disputes concerning signed AFAs or compacts that are appealed to IBCA? ...


Subpart R_Appeals Sec. 1000.430 To whom are appeals directed regarding reassumption for imminent jeopardy? Appeals regarding reassumption of...


Subpart R_Appeals Sec. 1000.431 Does the Equal Access to Justice Act (EAJA) apply to appeals under this subpart? Yes, EAJA claims against the DOI will...


Subpart R_Appeals Sec. 1000.432 To whom may a Tribe appeal a decision made before the AFA or an amendment to the AFA or compact is signed? (a)...


Subpart R_Appeals Sec. 1000.433 When and how must a Tribe/Consortium appeal an adverse pre-award decision? (a) If a Tribe/Consortium wishes...


Subpart R_Appeals Sec. 1000.434 When must the bureau head (or appropriate Assistant Secretary) issue a final decision in the pre-award appeal? Within...


Subpart R_Appeals Sec. 1000.435 When and how will the Assistant Secretary respond to an appeal by a Tribe/Consortium? The appropriate Assistant...


Subpart R_Appeals Sec. 1000.436 How may a Tribe/Consortium seek reconsideration of the Secretary's decision involving a self-governance compact? ...


Subpart R_Appeals Sec. 1000.437 When will the Secretary respond to a request for reconsideration of a decision involving a self-governance compact? ...


Subpart R_Appeals Sec. 1000.438 May Tribes/Consortia appeal Department decisions to a Federal court? Yes, Tribes/Consortia may appeal decisions...


Subpart S_Conflicts of Interest Sec. 1000.460 What is an organizational conflict of interest? (a) An organizational conflict of interest arises when there is...


Subpart S_Conflicts of Interest Sec. 1000.461 What must a Tribe/Consortium do if an organizational conflict of interest arises under an AFA? This section...


Subpart S_Conflicts of Interest Sec. 1000.462 When must a Tribe/Consortium regulate its employees or subcontractors to avoid a personal conflict of interest? ...


Subpart S_Conflicts of Interest Sec. 1000.463 What types of personal conflicts of interest involving tribal officers, employees or subcontractors would have to...


Subpart S_Conflicts of Interest Sec. 1000.464 What personal conflicts of interest must the standards of conduct regulate? The personal conflicts of...


Subpart S_Conflicts of Interest Sec. 1000.465 May a Tribe/Consortium negotiate AFA provisions on conflicts of interest to take the place of this subpart? ...


for negotiations. 1001.4 Application review and approval. 1001.5 Application review and selection process for negotiations for funding...


meet the following eligibility criteria: (a) Be a federally recognized tribe or a consortium of federally recognized tribes as defined in Public Law 93-638. ...


tribe or consortium of tribes seeking priority ranking for negotiations must submit a description of the efforts of the tribe or consortium to seek to enter negotiations...


determine whether or not it is complete. Upon determination that it is complete, the name of the tribe or consortium will be included in the official applicant pool....


the applicant pool, the OSG will assign to each tribe or consortium a ranking relative to other applicants based upon the date the OSG receives the complete...


an on-going basis. (b) Applications may be mailed or hand-delivered. (c) Applications for negotiations in 1996 that are mailed must be postmarked no later than May...


of this section? This section describes how to apply for planning and negotiation grants authorized by section 402(d) of the Act to help meet tribal costs incurred: (1)...


receive a negotiation grant? Any tribe/ consortium that has been accepted into the applicant pool in accordance with Sec. 1001.5 and has been selected to negotiate...


is eligible to apply for a planning grant that will be awarded before a tribe/consortium is admitted into the applicant pool? Any tribe/consortium that is not a self-governance...


the purpose of this section? This section describes how to apply for other financial assistance for planning and negotiating of a DOI non-BIA program, service, function or...




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