25 CFR Part 1000
PART 1000—ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT
- PART 1000—ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT
- Chapter VI—Office of the Assistant Secretary, Indian Affairs, Department of the Interior
- Subpart A—General Provisions
- § 1000.1 What is the authority of this part?
- § 1000.5 What key terms do I need to know?
- § 1000.10 What is the purpose and scope of this part?
- § 1000.15 What is the congressional policy statement of this part?
- § 1000.20 What is the Secretarial policy of this part?
- § 1000.25 What is the effect on existing Tribal rights?
- § 1000.30 What is the effect of these regulations on Federal program guidelines, manual, or policy directives?
- § 1000.35 What happens if a court holds any provisions of these regulations in this part invalid?
- Subpart B—Selection of Additional Tribes for Participation in Tribal Self-Governance
- Purpose and Definitions
- § 1000.101 What is the purpose of this subpart?
- § 1000.105 What is a “signatory”?
- § 1000.110 What is a “nonsignatory Tribe”?
- Eligibility
- § 1000.115 Who may participate in Tribal self-governance?
- § 1000.120 How many additional Tribes/Consortia may participate in self-governance per year?
- § 1000.125 What must a Tribe/Consortium submit to be selected to participate in Self-Governance?
- § 1000.130 What additional information may be submitted to the Secretary to facilitate negotiations?
- § 1000.135 May a Consortium member Tribe withdraw from the Consortium and be selected to participate in Self-Governance?
- § 1000.140 What is required during the “planning phase”?
- § 1000.145 When does a Tribe/Consortium have an uncorrected “significant and material audit exception”?
- § 1000.150 What are the consequences of having an uncorrected significant and material audit exception?
- § 1000.155 Is the Secretary required to provide technical assistance to improve a Tribe's/Consortium's internal controls?
- Selection To Participate in Self-Governance
- § 1000.160 How is a Tribe/Consortium selected to participate in Self-Governance?
- § 1000.165 When does OSG accept requests to participate in Self-Governance?
- § 1000.170 Are there any time frames to negotiate an initial compact or funding agreement for a Tribe not presently participating in self-governance?
- § 1000.175 How does a Tribe/Consortium withdraw its request to participate in Self-Governance?
- § 1000.180 What if more than 50 Tribes/Consortium apply to participate in Self-Governance?
- § 1000.185 What happens if a request is not complete?
- § 1000.190 What happens if a Tribe/Consortium is selected to participate but does not execute a compact and a funding agreement?
- § 1000.195 May a Tribe/Consortium be selected to negotiate a funding agreement under section 403(b)(2) of the Act without having or negotiating a funding agreement under 25 U.S.C. 5363(b)(1)?
- § 1000.200 May a Tribe/Consortium be selected to negotiate a funding agreement under section 403(c) (25 U.S.C. 5363(c)) without negotiating a funding agreement under 25 U.S.C. 5363(b)(1) and/or section 403(b)(2) (25 U.S.C. 5363(b)(2))?
- Withdrawal From a Consortium Funding Agreement
- § 1000.205 What happens when a Tribe wishes to withdraw from a Consortium funding agreement?
- § 1000.210 How are funds redistributed when a withdrawing Tribe fully or partially withdraws from a compact and funding agreement and enters a new contract or compact?
- § 1000.215 If the withdrawing Tribe elects to operate a program carried out under a compact and funding agreement under title IV through a contract under title I, is the resulting contract considered a mature contract under 25 U.S.C. 5304(h)?
- § 1000.220 How are funds distributed when a withdrawing Tribe fully or partially withdraws from a Consortium's compact and funding agreement and the withdrawing Tribe does not enter a new contract or compact?
- § 1000.225 What amount of funding is to be removed from the Consortium's funding agreement for the withdrawing Tribe?
- § 1000.230 What happens if there is a dispute between the Consortium and the withdrawing Tribe?
- § 1000.235 When a Tribe withdraws from a Consortium, is the Secretary required to award to the withdrawing Tribe a portion of funds associated with a construction project if the withdrawing Tribe so requests?
- Subpart C—Planning and Negotiation Grants for BIA Programs
- § 1000.301 What is the purpose of this subpart?
- § 1000.305 Are there grants available to assist Tribes/Consortia to meet the requirements to participate in self-governance?
- § 1000.310 What is required to request planning and negotiation grants?
- § 1000.315 Are planning and negotiation grants available?
- § 1000.320 Must a Tribe/Consortium receive a planning or negotiation grant to be eligible to participate in self-governance?
- § 1000.325 What happens if there are insufficient funds to award all of the requests for planning and negotiation grants in any given year?
- § 1000.330 May a Tribe/Consortium that has received a planning grant also receive a negotiation grant?
- § 1000.335 What are the Secretary's responsibilities upon a decision not to award a planning or negotiation grant?
- § 1000.340 May a Tribe/Consortium administratively appeal the Secretary's decision to not award a grant under this subpart?
- Subpart D—Financial Assistance for Planning and Negotiation Activities for Non-BIA Bureau Programs
- § 1000.401 What is the purpose of this subpart?
- § 1000.405 What funds are available to Tribes/Consortium for planning and negotiating activities with non-BIA bureaus?
- § 1000.410 What kinds of planning and negotiation activities for non-BIA programs does financial assistance from non-BIA bureaus support?
- § 1000.415 Who can apply to a non-BIA bureau for financial assistance to plan and negotiate non-BIA programs?
- § 1000.420 Under what circumstances may financial assistance for planning and negotiation activities with non-BIA bureaus be awarded to Tribes/Consortia?
- § 1000.425 How does the Tribe/Consortium know when and how to apply for financial assistance for planning and negotiation activities for a non-BIA program?
- § 1000.430 What must be included in the application for financial assistance for planning and negotiation activities for a non-BIA program?
- § 1000.435 How will the non-BIA bureau director/commissioner award financial assistance for planning and negotiation activities for a non-BIA program?
- § 1000.440 May non-BIA bureaus provide technical assistance to a Tribe/Consortium in drafting its application?
- § 1000.445 What are the non-BIA bureau director's/commissioner's responsibilities upon a decision to decline financial assistance?
- § 1000.450 Can an applicant administratively appeal a decision not to award financial assistance?
- § 1000.455 May a Tribe/Consortium reapply through a future planning and negotiation application if it has been previously denied?
- § 1000.460 Will the non-BIA bureau notify Tribes/Consortium of the results of the selection process?
- Subpart E—Compacts
- § 1000.501 What is a self-governance compact?
- § 1000.505 Which DOI office negotiates self-governance compacts?
- § 1000.510 What is included in a self-governance compact?
- § 1000.515 What provisions must be included in either a compact or funding agreement?
- § 1000.520 Is a compact required to participate in self-governance?
- § 1000.525 Can a Tribe/Consortium negotiate other terms and conditions?
- § 1000.530 What is the duration of a compact?
- § 1000.535 May a compact be amended?
- § 1000.540 Can a Tribe/Consortium have a funding agreement without having negotiated a compact?
- § 1000.545 May a participating Tribe/Consortium retain its existing compact which was executed prior to the enactment of Public Law 116-180?
- § 1000.550 What happens if the Tribe/Consortium and Secretary fail to reach an agreement on a compact?
- Subpart F—Funding Agreements for BIA Programs
- § 1000.601 What is the purpose of this subpart?
- § 1000.605 What is a funding agreement?
- Contents and Scope of Funding Agreements
- § 1000.610 What must be included in a funding agreement?
- § 1000.615 Can additional provisions be included in a funding agreement?
- § 1000.620 Does a Tribe/Consortium have the right to include provisions of title I of Public Law 93-638 in a funding agreement?
- § 1000.625 What is the term of a funding agreement?
- § 1000.630 Can a Tribe/Consortium negotiate a funding agreement with a term that exceeds one year?
- § 1000.635 Does a funding agreement remain in effect after the end of its term?
- § 1000.640 May a participating Tribe/Consortium retain its existing funding agreement which was executed prior to the enactment of Public Law 116-180?
- Determining What Programs May Be Included in a Funding Agreement
- § 1000.645 What PSFAs may be included in a funding agreement?
- § 1000.650 How does the funding agreement specify the services provided, functions performed, and responsibilities assumed by the Tribe/Consortium and those retained by the Secretary?
- § 1000.655 May a Tribe/Consortium redesign or consolidate the programs that are included in a funding agreement and reallocate funds for such programs?
- § 1000.660 Do Tribes/Consortium need Secretarial approval to redesign BIA programs that the Tribe/Consortium administers under a funding agreement?
- § 1000.665 Can the terms and conditions in a funding agreement be amended during the year it is in effect?
- Determining Funding Agreement Amounts
- § 1000.670 What funds must be transferred to a Tribe/Consortium under a funding agreement?
- § 1000.675 What funds may not be included in a funding agreement?
- § 1000.680 May the Secretary place any requirements on programs and funds that are otherwise available to Tribes/Consortium or Indians for which appropriations are made to agencies other than DOI?
- § 1000.685 What funds are used to carry out inherent Federal functions?
- § 1000.690 How does BIA determine the funding amount to carry out inherent Federal functions?
- § 1000.695 Is the amount of funds withheld by the Secretary to cover the cost of inherent Federal functions subject to negotiation?
- § 1000.700 May a Tribe/Consortium continue to negotiate a funding agreement pending an appeal of funding amounts associated with inherent Federal functions?
- § 1000.705 What is a Tribal share?
- § 1000.710 How does BIA determine a Tribe's/Consortium's share of funds to be included in a funding agreement?
- § 1000.715 Can a Tribe/Consortium negotiate a Tribal share for programs outside its region/agency?
- § 1000.720 May a Tribe/Consortium obtain discretionary or competitive funding that is distributed on a discretionary or competitive basis?
- § 1000.725 Are all funds identified as Tribal shares always paid to the Tribe/Consortium under a funding agreement?
- § 1000.730 How are savings that result from downsizing allocated?
- § 1000.735 Do Tribes/Consortium need Secretarial approval to reallocate funds between programs that the Tribe/Consortium administers under the funding agreement?
- § 1000.740 Can funding amounts negotiated in a funding agreement be adjusted during the year it is in effect?
- Establishing Self-Governance Stable Base Budgets
- § 1000.745 What are self-governance stable base budgets?
- § 1000.750 Once a Tribe/Consortium establishes a stable base budget, are funding amounts renegotiated each year?
- § 1000.755 How are self-governance stable base budgets established?
- § 1000.760 How are self-governance stable base budgets adjusted?
- Subpart G—Funding Agreements for Non-BIA Programs
- § 1000.801 What is the purpose of this subpart?
- § 1000.805 What is a funding agreement for a non-BIA program?
- § 1000.810 What non-BIA programs are eligible for inclusion in a funding agreement?
- § 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?
- § 1000.820 What programs are included under section 403(b)(2) (25 U.S.C. 5363(b)(2))?
- § 1000.825 What programs are included under section 403(c) (25 U.S.C. 5363(c))?
- § 1000.830 What does “special geographic, historical or cultural” mean?
- § 1000.835 Under section 403(b)(2) (25 U.S.C. 5363(b)(2)), when must programs be awarded non-competitively?
- § 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?
- § 1000.845 Are there any non-BIA programs that may not be included in a funding agreement?
- § 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?
- § 1000.855 Will Tribes/Consortia participate in the Secretary's determination of what is to be included on the annual list of available programs?
- § 1000.860 How will the Secretary consult with Tribes/Consortia in developing the list of available programs?
- § 1000.865 What else is on the list in addition to eligible programs?
- § 1000.870 May a bureau negotiate with a Tribe/Consortium for programs not specifically included on the annual list pursuant to 25 U.S.C. 5372(c)?
- § 1000.875 How will a bureau negotiate a funding agreement for a program of special geographic, historical, or cultural significance to more than one Tribe/Consortium?
- § 1000.880 When will this determination be made?
- § 1000.885 What funds are included in a non-BIA funding agreement?
- § 1000.890 How are indirect cost rates determined?
- § 1000.895 How does the Secretary determine the amount of indirect costs for a non-BIA funding agreement?
- § 1000.900 May the bureaus negotiate terms to be included in a funding agreement for non-BIA programs?
- § 1000.905 Can a Tribe/Consortium reallocate, consolidate, and redesign funds for a non-BIA program?
- § 1000.910 Do Tribes/Consortia need Secretarial approval to reallocate funds between title I eligible programs that the Tribe/Consortium administers under a non-BIA funding agreement?
- § 1000.915 Can a Tribe/Consortium negotiate a funding agreement with a non-BIA bureau for which the performance period exceeds one year?
- § 1000.920 Can the terms and conditions in a non-BIA funding agreement be amended during the year it is in effect?
- § 1000.925 What happens if a funding agreement expires before the effective date of the successor Funding Agreement?
- Subpart H—Negotiation Process
- § 1000.1001 What is the purpose of this subpart?
- § 1000.1005 What are the phases of the negotiation process?
- § 1000.1010 Who may initiate the information phase?
- § 1000.1015 Is it mandatory to go through the information phase before initiating the negotiation phase?
- § 1000.1020 How does a Tribe/Consortium initiate the information phase?
- § 1000.1025 What information is a Tribe/Consortium encouraged to include in a Request to Initiate the Information Phase?
- § 1000.1030 When should a Tribe/Consortium submit a Request to Initiate the Information Phase to the Secretary?
- § 1000.1035 What steps does the bureau take after a Request to Initiate the Information Phase is submitted by a Tribe/Consortium?
- § 1000.1040 How does a Tribe/Consortium initiate the negotiation phase?
- § 1000.1045 How and when does the Secretary respond to a request to negotiate a compact or BIA funding agreement?
- § 1000.1050 How and when does the Secretary respond to a request to negotiate a non-BIA funding agreement?
- § 1000.1055 What is the process for conducting the negotiation phase?
- § 1000.1060 What issues must the bureau and the Tribe/Consortium address at negotiation meetings?
- § 1000.1065 What happens when a compact or funding agreement is signed?
- § 1000.1070 What happens if the Tribe/Consortium and bureau negotiators fail to reach an agreement on a compact or funding agreement?
- § 1000.1075 When does the funding agreement become effective?
- § 1000.1080 What is a subsequent funding agreement?
- § 1000.1085 How is the negotiation of a subsequent funding agreement initiated?
- § 1000.1090 What is the process for negotiating a subsequent funding agreement?
- Subpart I—Final Offer
- § 1000.1101 What is the purpose of this subpart?
- § 1000.1105 When should a final offer be submitted?
- § 1000.1110 How does a Tribe/Consortium submit a final offer?
- § 1000.1115 What does a final offer contain?
- § 1000.1120 When does the 60-day review period begin?
- § 1000.1125 How does the Department acknowledge receipt of final offer?
- § 1000.1130 May the Secretary request and obtain an extension of time of the 60-day review period?
- § 1000.1135 What happens if the Secretary takes no action within the 60-day period (or any extensions thereof)?
- § 1000.1140 Once the Tribe/Consortium's final offer has been accepted or accepted by operation of law, what is the next step?
- § 1000.1145 On what basis may the Secretary reject a final offer?
- § 1000.1150 How does the Secretary reject a final offer?
- § 1000.1155 What is the “significant danger” or “risk” to the public health or safety, to natural resources, or to trust resources?
- § 1000.1160 Is technical assistance available to a Tribe/Consortium to overcome the objections stated in the Secretary's rejection of a final offer?
- § 1000.1165 If the Secretary rejects all or part of a final offer, is the Tribe/Consortium entitled to an appeal?
- § 1000.1170 Do those portions of the compact, funding agreement, or amendment not in dispute go into effect?
- § 1000.1175 Does appealing the final offer decision prevent the Secretary and the Tribe/Consortium from entering into any accepted compact, funding agreement or amendment provisions that are not in dispute?
- § 1000.1180 What is the burden of proof in an appeal of a rejection of a final offer?
- Subpart J—Waiver of Regulations
- § 1000.1201 What regulations apply to Tribes/Consortia?
- § 1000.1205 Can the Secretary grant a waiver of regulations to a Tribe/Consortium?
- § 1000.1210 When can a Tribe/Consortium request a waiver of a regulation?
- § 1000.1215 How does a Tribe/Consortium obtain a waiver?
- § 1000.1220 How does a Tribe/Consortium operating a Public Law 102-477 Plan obtain a waiver?
- § 1000.1225 May a Tribe/Consortium request an optional meeting or other informal discussion to discuss a waiver request?
- § 1000.1230 Is a bureau required to provide technical assistance to a Tribe/Consortium concerning waivers?
- § 1000.1235 How does the Secretary respond to a waiver request?
- § 1000.1240 When must the Secretary make a decision on a waiver request?
- § 1000.1245 How does the Secretary make a decision on the waiver request?
- § 1000.1250 What happens if the Secretary neither approves nor denies a waiver request within the time specified in § 1000.1240?
- § 1000.1255 May a Tribe/Consortium appeal the Secretary's decision to deny its request for a waiver of a regulation?
- § 1000.1260 What is the term of a waiver?
- § 1000.1265 May a Tribe/Consortium withdraw a waiver request?
- § 1000.1270 May a Tribe/Consortium have more than one waiver request pending before the Secretary at the same time?
- § 1000.1275 May a Tribe/Consortium continue to negotiate a funding agreement pending final decision on a waiver request?
- § 1000.1280 How is a waiver decision documented for the record?
- Subpart K—Construction
- Construction Definitions
- § 1000.1301 What key construction terms do I need to know?
- Purpose and Scope
- § 1000.1305 What construction projects and programs included in a funding agreement or construction project agreement are subject to this subpart?
- § 1000.1306 May a program or project-specific grant or contracting mechanism involving construction and related activities satisfy the requirements of this subpart?
- § 1000.1307 May the Secretary accept funds from another Department for a program or project involving construction and related activities for transfer to the Tribe/Consortium under its funding agreement or construction project agreement?
- § 1000.1310 What alternatives are available for a Tribe/Consortium to perform a construction program or project?
- § 1000.1315 Does this subpart create an agency relationship?
- Notification and Project Assumption
- § 1000.1320 Is the Secretary required to consult with affected Tribes/Consortia concerning construction projects and programs?
- § 1000.1325 When does the Secretary confer with a Tribe/Consortium concerning Tribal preferences as to size, location, type, and other characteristics of a project?
- § 1000.1330 What does a Tribe/Consortium do if it wants to perform a construction project or program under 25 U.S.C. 5367?
- § 1000.1335 What must a Tribal proposal for a construction program or project contain?
- § 1000.1340 May multiple projects be included in a single construction project agreement or funding agreement that includes a construction project?
- § 1000.1345 Must a construction project proposal incorporate provisions of Federal construction guidelines and manuals?
- § 1000.1350 What provisions relating to a construction project or program may be included in a funding agreement or construction project agreement?
- § 1000.1355 What provisions must a Tribe/Consortium include in a construction project agreement or funding agreement that contains a construction project or program?
- Requirements and Standards
- § 1000.1360 What codes, standards and architects and engineers must a Tribe/Consortium use when performing a construction project under this part?
- NEPA Process
- § 1000.1365 Are Tribes/Consortia required to carry out activities involving NEPA in order to enter into a construction project agreement?
- § 1000.1370 How may a Tribe/Consortium elect to assume some Federal responsibilities under NEPA?
- § 1000.1375 How may a Tribe/Consortium carry out activities involving NEPA without assuming some Federal responsibilities?
- § 1000.1379 Are Tribes/Consortia required to adopt a separate resolution or take equivalent Tribal action to assume some environmental responsibilities of the Secretary under NEPA, NHPA, and related laws and regulations for each construction project?
- § 1000.1380 What additional provisions of law are related to NEPA and NHPA?
- § 1000.1385 What is the typical environmental review process for construction projects?
- § 1000.1390 Is the Secretary required to take into account the Indigenous Knowledge of Tribes/Consortia when preparing environmental studies under NEPA, NHPA, and related provisions of other law and regulations?
- § 1000.1395 May a Tribe/Consortium act as a cooperating agency or joint lead agency for environmental review purposes regardless of whether it exercises its option under § 1000.1370(a)(1)?
- § 1000.1400 How does a Tribe/Consortium comply with NEPA and NHPA?
- § 1000.1405 If a Tribe/Consortium adopts the environmental review procedures of a Federal agency, is the Tribe/Consortium responsible for ensuring the agency's policies and procedures meet the requirements of NEPA, NHPA, and related environmental laws?
- § 1000.1410 Are Federal funds available to cover the cost of Tribes/Consortia carrying out environmental responsibilities?
- § 1000.1415 How are project and program environmental review costs identified?
- § 1000.1420 What costs may be included in the budget for a construction project or program?
- § 1000.1425 May the Secretary reject a Tribe's/Consortium's final offer of a construction project proposal submitted under subpart I of this part based on a determination of Tribal capacity or capability?
- § 1000.1430 On what basis may the Secretary reject a final offer of a construction project proposal made by a Tribe/Consortium?
- Role of the Secretary
- § 1000.1435 What is the Secretary's role in a construction project performed under this subpart?
- § 1000.1440 What constitutes a “significant change” in the original scope of work?
- § 1000.1445 May the Secretary suspend construction activities under the terms of a funding agreement or construction project agreement under title IV of the ISDEAA?
- § 1000.1450 How are property and funding returned if there is a reassumption for substantial failure to carry out a construction project?
- § 1000.1455 What happens when a Tribe/Consortium, suspended under § 1000.1445 for substantial failure to carry out the terms of a funding agreement that includes a construction project or program or a construction project agreement under title IV of the ISDEAA without good cause, does not correct the failure during the suspension?
- § 1000.1460 How does the Secretary make advance payments to a Tribe/Consortium under a funding agreement or construction project agreement?
- § 1000.1465 Is a facility built under this subpart eligible for annual operation and maintenance funding?
- Role of the Tribe/Consortium
- § 1000.1470 What is the Tribe's/Consortium's role in a construction project included in a funding agreement or construction project agreement under this subpart?
- § 1000.1475 Is a Tribe/Consortium required to submit construction project progress and financial reports for construction projects?
- Other
- § 1000.1480 May a Tribe/Consortium continue work with construction funds remaining in a funding agreement or construction project agreement at the end of the funding year?
- § 1000.1485 Must a construction project agreement or funding agreement that contains a construction project or activity incorporate provisions of Federal construction standards?
- § 1000.1490 May the Secretary require design provisions and other terms and conditions for construction projects or programs included in a funding agreement or construction project agreement under section 403(c) (25 U.S.C. 5363(c))?
- § 1000.1495 Do all provisions of other subparts apply to construction portions of a funding agreement or construction project agreement?
- § 1000.1500 When a Tribe withdraws from a Consortium, is the Secretary required to award to the withdrawing Tribe a portion of funds associated with a construction project if the withdrawing Tribe so requests?
- § 1000.1505 May a Tribe/Consortium reallocate funds from a construction program to a non-construction program?
- § 1000.1510 May a Tribe/Consortium reallocate funds among construction programs?
- § 1000.1515 Must the Secretary retain project funds to ensure proper health and safety standards in construction projects?
- § 1000.1520 What funding must the Secretary provide in a construction project agreement or funding agreement that includes a construction project or program?
- § 1000.1525 Must Federal funds from other DOI sources be incorporated into a construction project agreement or funding agreement that includes a construction project or program?
- § 1000.1530 May a Tribe/Consortium contribute funding to a project?
- Subpart L—Federal Tort Claims
- § 1000.1601 What is the purpose of this subpart?
- § 1000.1605 What other statutes and regulations apply to FTCA coverage?
- § 1000.1610 Do Tribes/Consortia need to be aware of areas which FTCA does not cover?
- § 1000.1615 Is there a deadline for filing FTCA claims?
- § 1000.1620 How long does the Federal Government have to process a FTCA claim after the claim is received by the Federal agency, before a lawsuit may be filed?
- § 1000.1625 Is it necessary for a compact or funding agreement to include any clauses about FTCA coverage?
- § 1000.1630 Does FTCA apply to a compact and funding agreement if FTCA is not referenced in the compact or funding agreement?
- § 1000.1635 To what extent shall the Tribe/Consortium cooperate with the Federal Government in connection with tort claims arising out of the Tribe's/Consortium's performance of a compact, funding agreement, or subcontract?
- § 1000.1640 Does this coverage extend to subcontractors of compacts and funding agreements?
- § 1000.1645 Is FTCA the exclusive remedy for a tort claim, including a claim concerning personal injury or death, resulting from the performance of a compact or funding agreement?
- § 1000.1650 What employees are covered by FTCA for claims arising out of a Tribe's/Consortia's performance of a compact or funding agreement?
- § 1000.1655 Does FTCA cover employees of the Tribe/Consortium who are paid by the Tribe/Consortium from funds other than those provided through the funding agreement?
- § 1000.1660 May persons who are not Indians or Alaska Natives assert claims under FTCA arising out of the performance of a compact or funding agreement by a Tribe/Consortium?
- § 1000.1665 If the Tribe/Consortium or Tribe's/Consortium's employee receives a summons and/or a complaint alleging a tort covered by FTCA and arising out of the performance of a compact or funding agreement, what should the Tribe/Consortium do?
- Subpart M—Reassumption
- § 1000.1701 What is the purpose of this subpart?
- § 1000.1705 What does reassumption mean?
- § 1000.1710 Under what circumstances may the Secretary reassume a program operated by a Tribe/Consortium under a funding agreement?
- § 1000.1715 What is “imminent jeopardy” to a trust asset?
- § 1000.1720 What is “imminent jeopardy” to natural resources?
- § 1000.1725 What is “imminent jeopardy” to public health and safety?
- § 1000.1730 What steps must the Secretary take prior to reassumption becoming effective?
- § 1000.1735 Does the Tribe/Consortium have a right to a hearing prior to a non-immediate reassumption becoming effective?
- § 1000.1740 What happens if the Secretary determines that the Tribe/Consortium has not corrected the conditions that the Secretary identified in the written notice?
- § 1000.1745 What is the earliest date on which a reassumption by the Secretary can be effective?
- § 1000.1750 Does the Secretary have the authority to immediately reassume a program?
- § 1000.1755 What must a Tribe/Consortium do when a program is reassumed?
- § 1000.1760 When must the Tribe/Consortium return funds to the Department?
- § 1000.1765 May the Tribe/Consortium be reimbursed for actual and reasonable “wind up costs” incurred after the effective date of retrocession?
- § 1000.1770 Is a Tribe's/Consortium's general right to negotiate a funding agreement adversely affected by a reassumption action?
- § 1000.1775 When will the Secretary return management of a reassumed program?
- Subpart N—Retrocession
- § 1000.1801 What is the purpose of this subpart?
- § 1000.1805 Is a decision by a Tribe/Consortium not to include a program in a successor agreement considered a retrocession?
- § 1000.1810 Who may retrocede a program in a funding agreement?
- § 1000.1815 How does a Tribe/Consortium retrocede a program?
- § 1000.1820 When will the retrocession become effective?
- § 1000.1825 How will retrocession affect the Tribe's/Consortium's existing and future funding agreements?
- § 1000.1830 Does the Tribe/Consortium have to return funds used in the operation of a retroceded program?
- § 1000.1835 Does the Tribe/Consortium have to return property used in the operation of a retroceded program?
- § 1000.1840 What happens to a Tribe's/Consortium's mature contract status if it has retroceded a program that is also available for self-determination contracting?
- § 1000.1845 How does retrocession affect a bureau's operation of the retroceded program?
- Subpart O—Trust Evaluation
- § 1000.1901 What is the purpose of this subpart?
- § 1000.1905 Does the Act alter the trust responsibility of the United States to Indian Tribes and individuals under self-governance?
- § 1000.1910 What are “trust resources” for the purposes of the trust evaluation process?
- § 1000.1915 What are “trust PSFAs” for the purposes of the trust evaluation process?
- § 1000.1920 Can a Tribe/Consortium request the Secretary to conduct an assessment of the status of the trust assets, resource, and PSFAs?
- Annual Trust Evaluation
- § 1000.1925 What is a trust evaluation?
- § 1000.1930 How are trust evaluations conducted?
- § 1000.1935 May the trust evaluation process be used for additional reviews?
- § 1000.1936 May the parties negotiate review methods for purposes of the trust evaluation?
- § 1000.1940 What are the responsibilities of the Secretary's designated representative(s) after the annual trust evaluation?
- § 1000.1945 Is the trust evaluation standard or process different when the trust resource or asset is held in trust for an individual Indian or Indian allottee?
- § 1000.1950 Does the annual trust review evaluation include a review of the Secretary's inherent Federal and retained operation trust PSFAs?
- § 1000.1955 What are the consequences of a finding of imminent jeopardy in the Secretary's annual trust evaluation?
- § 1000.1960 What if the Secretary's trust evaluation reveals problems that do not rise to the level of imminent jeopardy?
- § 1000.1965 Who is responsible for taking corrective action?
- § 1000.1970 What are the requirements of the Department's review team report?
- § 1000.1975 May the Department conduct more than one trust evaluation per Tribe per year?
- Subpart P—Reports
- § 1000.2001 What is the purpose of this subpart?
- § 1000.2005 Is the Secretary required to report on Self Governance?
- § 1000.2010 What will the Secretary's annual report to Congress contain?
- § 1000.2011 Is the Secretary required to review programs of the Department other than BIA, BIE, the Office of the Assistant Secretary for Indian Affairs, and the BTFA?
- § 1000.2012 Is the Secretary required to annually publish information under this subpart in the Federal Register?
- § 1000.2015 Must the Secretary seek comment on the report from Tribes/Consortia before submitting it to Congress?
- § 1000.2020 What may the Tribe's/Consortium's annual report on self-governance address?
- § 1000.2025 Are there other data submissions or reports that Tribes/Consortia may be requested to submit?
- § 1000.2030 Are Tribes/Consortia required to submit Single Audit Act reports?
- § 1000.2035 Is there an exemption available for the requirement to submit Single Audit Act reports?
- § 1000.2040 Are Tribes/Consortia required to maintain reports and records in accordance with 25 U.S.C. 5305?
- Subpart Q—Operational Provisions
- § 1000.2101 How can a Tribe/Consortium hire a Federal employee to help implement a funding agreement?
- § 1000.2105 Can a Tribe/Consortium employee be detailed to a Federal service position?
- § 1000.2110 How does the Freedom of Information Act apply?
- § 1000.2115 How does the Privacy Act apply?
- § 1000.2120 What audit requirements must a Tribe/Consortium follow?
- § 1000.2125 How do OMB circulars and the Act apply to funding agreements?
- § 1000.2130 How much time does the Federal Government have to make a claim against a Tribe/Consortium relating to any disallowance of costs, based on an audit?
- § 1000.2135 Does a Tribe/Consortium have additional ongoing requirements to maintain minimum standards for Tribe/Consortium management systems?
- § 1000.2140 Are there any restrictions on how funds awarded to a Tribe/Consortium under a funding agreement may be spent?
- § 1000.2145 What standard applies to a Tribe's/Consortium's management of funds awarded under a funding agreement?
- § 1000.2150 How may interest or investment income that accrues on funds awarded under a funding agreement be used?
- § 1000.2155 Can a Tribe/Consortium retain savings from programs?
- § 1000.2160 Can a Tribe/Consortium carry over funds not spent during the term of the funding agreement?
- § 1000.2165 After a non-BIA funding agreement has been executed and the funds transferred to a Tribe/Consortium, can a bureau request the return of unexpended funds?
- § 1000.2170 How can a person or group appeal a decision or contest an action related to a program operated by a Tribe/Consortium under a funding agreement?
- § 1000.2175 Must Tribes/Consortia comply with the Secretarial approval requirements of 25 U.S.C. 81; 82a; and 476 regarding professional and attorney contracts?
- § 1000.2180 Are funds awarded under a funding agreement non-Federal funds for the purpose of meeting matching or cost participation requirements?
- § 1000.2185 Does Indian preference apply to services, activities, programs, and functions performed under a funding agreement?
- § 1000.2190 Do the wage and labor standards in the Davis-Bacon Act apply to Tribes and Tribal Consortia?
- § 1000.2195 Can a Tribe/Consortium use Federal supply sources in the performance of a funding agreement?
- § 1000.2200 Does the Prompt Payment Act (31 U.S.C. 3901) apply to a BIA funding Agreement?
- § 1000.2205 Does the Prompt Payment Act (31 U.S.C. 3901) apply to a non-BIA program funding agreement?
- § 1000.2210 Is a Tribe/Consortium obligated to continue performance under a compact or funding agreement if the Secretary does not transfer sufficient funds?
- Subpart R—Appeals
- § 1000.2301 What is the purpose of this subpart?
- § 1000.2305 How must disputes be handled?
- § 1000.2310 Does a Tribe/Consortium have any options besides an appeal?
- § 1000.2315 What is the Secretary's burden of proof for appeals in this subpart?
- Informal Conference
- § 1000.2320 How does a Tribe/Consortium request an informal conference?
- § 1000.2325 How is an informal conference held?
- § 1000.2330 What happens after the informal conference?
- Post-Award Disputes
- § 1000.2335 How may a Tribe/Consortium appeal a decision made after the funding agreement or compact or an amendment to a funding agreement or compact has been signed?
- § 1000.2340 What statutes and regulations govern resolution of disputes concerning signed funding agreements or compacts (and any signed amendments) that are appealed to the CBCA?
- Pre-Award Disputes
- § 1000.2345 What decisions may a Tribe/Consortium appeal under §§ 1000.2345 through 1000.2395?
- § 1000.2350 What decisions may not be appealed under §§ 1000.2345 through 1000.2395?
- § 1000.2351 To Whom may a Tribe/Consortia appeal a decision under § 1000.2345?
- § 1000.2355 How does a Tribe/Consortium know where and when to file an appeal?
- § 1000.2357 Which officials is the appropriate bureau head or Assistant Secretary for purposes of subpart R?
- Appeals to Bureau Head/Assistant Secretary
- § 1000.2360 When and how must a Tribe/Consortium appeal an adverse pre-award decision to the bureau head/Assistant Secretary?
- § 1000.2365 When must the bureau head (or appropriate Assistant Secretary) issue a final decision in the pre-award appeal?
- § 1000.2370 When and how will the Assistant Secretary respond to an appeal by a Tribe/Consortium?
- Appeals to IBIA
- § 1000.2375 When and how must a Tribe/Consortium appeal an adverse pre-award decision to the IBIA?
- § 1000.2380 What happens after a Tribe/Consortium files an appeal?
- § 1000.2385 What procedures apply to Interior Board of Indian Appeals (IBIA) proceedings?
- § 1000.2386 What regulations govern resolution of disputes that are appealed to the IBIA?
- § 1000.2390 Will an appeal adversely affect the Tribe's/Consortium's rights in other compact, funding negotiations, or construction project agreement?
- § 1000.2395 Will the decision on appeal be available for the public to review?
- Appeals of an Immediate Reassumption of a Self-Governance Program
- § 1000.2405 What happens in the case of an immediate reassumption under 25 U.S.C. 5366(b)?
- § 1000.2410 Will there be a hearing?
- § 1000.2415 What happens after the hearing?
- § 1000.2420 Is the recommended decision always final?
- § 1000.2425 If a Tribe/Consortium objects to the recommended decision, what action will the IBIA take?
- § 1000.2430 Will an immediate reassumption appeal adversely affect the Tribe's/Consortium's rights in other self-governance negotiations?
- Equal Access to Justice Act
- § 1000.2435 Does the Equal Access to Justice Act (EAJA) apply to appeals under this subpart?
- Subpart S—Conflicts of Interest
- § 1000.2501 Is a Tribe/Consortium required to have policies in place to address conflicts of interest?
- § 1000.2505 What is an organizational conflict of interest?
- § 1000.2510 What must a Tribe/Consortium do if an organizational conflict of interest arises under a funding agreement?
- § 1000.2515 When must a Tribe/Consortium regulate its employees or subcontractors to avoid a personal conflict of interest?
- § 1000.2520 What types of personal conflicts of interest involving Tribal officers, employees, or subcontractors would have to be regulated by a Tribe/Consortium?
- § 1000.2525 What personal conflicts of interest must the standards of conduct regulate?
- Subpart T—Tribal Consultation Process
- § 1000.2601 What is the purpose of this subpart?
- § 1000.2605 When does the Secretary consult with Tribes and Consortia on matters related to self-governance?
- § 1000.2610 What principles should guide consultations with Tribes and Consortia?
- § 1000.2615 What notice must the Secretary provide to Tribes and Consortia of an upcoming consultation?
- § 1000.2620 Is the Secretary required to allow written comments by Tribes and Consortia following a consultation?
- § 1000.2625 What record must the Secretary maintain following a consultation with Tribes and Consortia?
- § 1000.2630 How must the Secretary handle confidential or sensitive information provided by Tribes and Consortia during a consultation?
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