49 CFR Part 29
PART 29—TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM
- PART 29—TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM
- Subtitle A—Office of the Secretary of Transportation
- Subpart A—General Provisions
- § 29.1 What is the purpose and authority for this part?
- § 29.2 What is the Department's policy for the Program?
- § 29.3 What is the effect of this part on existing Tribal rights?
- § 29.4 How do Departmental circulars, policies, manuals, guidance, or rules apply to a Tribe's performance under the Program?
- § 29.5 Who is responsible for carrying out the functions connected with the Program?
- § 29.6 Must the Department consult with Tribes regarding matters that affect the Program?
- § 29.7 What is the effect of this Program on existing Tribal Transportation Program agreements?
- § 29.8 What happens if more than one party purports to be the authorized representative of a Tribe?
- § 29.9 What definitions apply to this part?
- Subpart B—Eligibility and Negotiation Process
- Eligibility
- § 29.100 What are the criteria for eligibility to participate in the Program?
- Negotiations
- § 29.101 How does a Tribe commence negotiations for a compact, funding agreement, or amendment?
- § 29.102 What information should a Tribe provide to the Department when it expresses its interest in negotiating a compact, funding agreement, or amendment?
- § 29.103 How will the Department respond to a Tribe's written request?
- § 29.104 Must the Department and a Tribe follow a specific process when negotiating compacts, funding agreements, and amendments?
- § 29.105 Will negotiations commence or conclude within a specified time period?
- § 29.106 What are best practices to pursue negotiations?
- § 29.107 What recourse does the Department or the Tribe have if the negotiations reach an impasse?
- § 29.108 May the Department and the Tribe continue to negotiate after the Tribe submits a final offer?
- § 29.109 Who is responsible for drafting the compact or funding agreement?
- Subpart C—Final Offer Process
- § 29.200 What is covered by this subpart?
- § 29.201 In what circumstances should a Tribe submit a final offer?
- § 29.202 How does a Tribe submit a final offer?
- § 29.203 What must a final offer contain?
- § 29.204 How many days does the Department have to respond to a final offer?
- § 29.205 How does the Department acknowledge receipt of a final offer?
- § 29.206 May the Department request and obtain an extension of time of the 45-day review period?
- § 29.207 What happens if the Department takes no action within the 45-day review period (or any extensions thereof)?
- § 29.208 What happens once the Department accepts the Tribe's final offer or the final offer is accepted by operation of law?
- Rejection of Final Offers
- § 29.209 On what basis may the Department reject a Tribe's final offer?
- § 29.210 How does the Department reject a final offer?
- § 29.211 Is technical assistance available to a Tribe to overcome rejection of a final offer?
- § 29.212 May a Tribe appeal the rejection of a final offer?
- § 29.213 If a Tribe appeals a final offer, do the remaining provisions of the compact, funding agreement, or amendment not in dispute go into effect?
- Subpart D—Contents of Compacts and Funding Agreements
- Compacts
- § 29.300 What is included in a compact?
- § 29.301 Is a compact required to participate in the Program?
- § 29.302 What is the duration of a compact?
- § 29.303 May more than one Tribe enter into a single compact and funding agreement?
- § 29.304 May a compact be amended?
- Funding Agreements
- § 29.305 When can a Tribe initiate negotiation of a funding agreement?
- § 29.306 What is the duration of a funding agreement?
- § 29.307 What terms must a funding agreement include?
- § 29.308 May the funding agreement include additional terms from title I of the Indian Self-Determination and Education Assistance Act?
- § 29.309 Will a funding agreement include provisions pertaining to flexible or innovative financing?
- § 29.310 How is a funding agreement amended?
- § 29.311 Is a subsequent funding agreement retroactive to the end of the term of the preceding funding agreement?
- Subpart E—Rules and Procedures for Transfer and Use of Funds
- § 29.400 What funds may a Tribe elect to include in a funding agreement?
- § 29.401 What funds must the Department transfer to a Tribe in a funding agreement?
- § 29.402 Is the Tribe responsible for the funds included in a funding agreement?
- § 29.403 When must the Department transfer to a Tribe the funds identified in a funding agreement?
- § 29.404 When must the Department transfer funds that were not paid as part of the initial lump sum payment (or initial periodic payment)?
- § 29.405 When must the Department transfer funds for a discretionary or competitive grant?
- § 29.406 Does the award of funds for a discretionary or competitive grant entitle a Tribe to receive the same amount in subsequent years?
- § 29.407 Does the award of funds for discretionary or competitive grants entitle the Tribe to receive contract support costs?
- § 29.408 How may a Tribe use interest earned on funds included in a funding agreement?
- § 29.409 May a Tribe carry over from one fiscal year to the next any funds that remain at the end of the funding agreement?
- § 29.410 May a Tribe use remaining funds from a discretionary or competitive grant included in a funding agreement?
- § 29.411 Are funds included in a compact and funding agreement non-Federal funds for purposes of meeting matching or cost participation requirements under any other Federal or non-Federal program?
- § 29.412 May the Department increase the funds included in the funding agreement if necessary to carry out the Program?
- § 29.413 How will the Department assist a Tribe with its credit requests?
- § 29.414 What limitations apply to Department actions related to transfer of funds associated with PSFAs?
- § 29.415 Does the Prompt Payment Act apply to funds included in a funding agreement?
- § 29.416 What standard applies to a Tribe's management of funds included in a funding agreement?
- § 29.417 Must a Tribe continue performance of the Tribal Transportation Program or the Tribal Transit Program under a compact and funding agreement if the Department does not transfer sufficient funds?
- § 29.418 May a funding agreement include transfers of State funds?
- § 29.419 Does the award of formula funds entitle a Tribe to receipt of contract support costs?
- § 29.420 Is a Tribe entitled to enter into facility leases from the Department and to receive facility support costs?
- § 29.421 May a Tribe redesign, consolidate, reallocate, or redirect the funds included in a funding agreement?
- Subpart F—Program Operations
- Audits and Cost Principles
- § 29.500 Must a Tribe undertake an annual audit?
- § 29.501 Must a Tribe submit any required audits to the Federal Audit Clearinghouse and the Department?
- § 29.502 Who is responsible for compiling, copying, and paying for materials for any audit or examination?
- § 29.503 How may the Federal Government make a claim against a Tribe relating to any disallowance of costs based on an audit conducted under this part?
- § 29.504 What cost principles must a Tribe apply in compacts and funding agreements?
- Standards for Tribal Management Systems
- § 29.505 What are the financial management systems that a Tribe carrying out a compact and funding agreement must develop, implement, and maintain to ensure the proper expenditure and accounting of Federal funds?
- § 29.506 What standards apply to a Tribe's financial management systems when carrying out a compact and funding agreement?
- § 29.507 What minimum requirements must a Tribe's financial management system include to meet the standards set forth in § 29.506?
- § 29.508 What procurement standards apply to contracts carried out using funds included in a funding agreement?
- § 29.509 What property management systems and standards must a Tribe maintain?
- Records
- § 29.510 Must a Tribe maintain a recordkeeping system?
- § 29.511 Are Tribal records subject to the Freedom of Information Act and Federal Privacy Act?
- § 29.512 Must a Tribe make its records available to the Department?
- § 29.513 How long must a Tribe keep and make available records?
- Procurement
- § 29.514 When procuring property or services with funds included in a funding agreement, can a Tribe follow its own procurement standards?
- § 29.515 What are the minimum procurement standards that a Tribe must follow when procuring property or services with funds included in a funding agreement?
- § 29.516 Do Federal laws and regulations apply to a Tribe's contractors or subcontractors?
- § 29.517 Can a Tribe use Federal supply sources in the performance of a compact and funding agreement?
- Reporting
- § 29.518 What reporting must a Tribe provide?
- Property
- § 29.519 How may a Tribe use existing Department facilities, equipment, or property?
- § 29.520 How may a Tribe acquire surplus or excess Federal property for use under the Program?
- § 29.521 How must a Tribe use surplus or excess Federal property acquired under the Program?
- § 29.522 If a compact or funding agreement (or portion thereof) is retroceded, reassumed, terminated, or expires, may the Department reacquire title to property purchased with funds under any compact and funding agreement or excess or surplus Federal property that was donated to the Tribe under the Program?
- Technical Assistance
- § 29.523 What technical assistance is available to a Tribe from the Department?
- Prevailing Wages
- § 29.524 Do the wage and labor standards in the Davis-Bacon Act apply to employees of a Tribe?
- Tribal Preference
- § 29.525 Does Indian preference apply to PSFAs under the Program?
- § 29.526 When do Tribal employment law and contract preference laws govern?
- Environmental and Cultural Resource Compliance
- § 29.527 What compliance with environmental and cultural resource statutes is required?
- Federal Tort Claims Act
- § 29.528 Is the Federal Tort Claims Act applicable to a Tribe when carrying out a compact and funding agreement?
- § 29.529 What steps should a Tribe take after becoming aware of a Federal Tort Claim?
- § 29.530 Is it necessary for a compact or funding agreement to include any terms about FTCA coverage?
- § 29.531 Does FTCA cover employees of the Tribe who are paid by the Tribe from funds other than those provided through the compact and funding agreement?
- § 29.532 May persons who are not Indians assert claims under FTCA?
- § 29.533 Does the year PSFAs are funded affect FTCA coverage?
- Waiver of Program Regulations
- § 29.534 What is the process for regulation waivers under this part?
- Subpart G—Withdrawal
- § 29.600 May a Tribe withdraw from a consortium?
- § 29.601 When does a withdrawal from a consortium become effective?
- § 29.602 How are funds redistributed when a Tribe fully or partially withdraws from a compact and funding agreement administered by a consortium serving more than one Tribe and elects to enter into a compact and funding agreement with the Department?
- § 29.603 How are funds distributed when a Tribe fully or partially withdraws from a compact and funding agreement administered by a consortium serving more than one Tribe, and the withdrawing Tribe elects not to or is ineligible to enter into a compact and funding agreement?
- Subpart H—Retrocession
- § 29.700 May a Tribe retrocede a PSFA and the associated funds?
- § 29.701 How does a Tribe notify the Department of its intention to retrocede?
- § 29.702 What happens if the Department of the Interior determines that it provides the transportation services the Tribe intends to retrocede?
- § 29.703 What happens if the Department of the Interior determines that it does not provide the transportation services the Tribe intends to retrocede?
- § 29.704 When is the retrocession effective?
- § 29.705 What effect will a retrocession have on a Tribe's right to compact under the Program?
- § 29.706 Will retrocession adversely affect future funding available for the retroceded program?
- Subpart I—Termination and Reassumption
- § 29.800 When can the Department reassume a compact or funding agreement?
- § 29.801 Can the Department reassume a portion of a compact or funding agreement and the associated funds?
- § 29.802 What process must the Department follow before termination of a compact or funding agreement (or portion thereof)?
- § 29.803 What happens if the Department determines that the Tribe has not corrected the conditions that the Department identified in the notice?
- § 29.804 When may the Department reassume?
- § 29.805 When can the Department immediately terminate a compact or funding agreement (or portion thereof)?
- § 29.806 Upon termination, what happens to the funds associated with the terminated portions of the compact or funding agreement?
- Subpart J—Dispute Resolution and Appeals
- § 29.900 What is the purpose of this subpart?
- § 29.901 Can the Department and a Tribe resolve disputes using alternative dispute resolution processes?
- § 29.902 Does the Equal Access to Justice Act apply to the Program?
- § 29.903 What determinations may not be appealed under this subpart?
- Pre-Award Decisions
- § 29.904 What are pre-award decisions that a Tribe may appeal?
- § 29.905 To whom does a Tribe appeal a pre-award decision?
- § 29.906 Must a Tribe exhaust its administrative remedies before initiating a civil action against the Department in the U.S. District Courts for a pre-award decision?
- § 29.907 When and how must a Tribe appeal a pre-award decision?
- § 29.908 May a Tribe request an extension of time to file an administrative appeal?
- § 29.909 When and how must the hearing official respond to the Tribe's appeal?
- § 29.910 What is the Department's burden of proof for appeals of pre-award decisions?
- § 29.911 What is the effect of a pending appeal on negotiations?
- Post-Award Disputes
- § 29.912 What is a post-award dispute?
- § 29.913 What is a claim under the Contract Disputes Act?
- § 29.914 How does a Tribe file a Contract Disputes Act claim?
- § 29.915 Must a Tribe certify a Contract Disputes Act claim?
- § 29.916 Who bears the burden of proof in a Contract Disputes Act claim?
- § 29.917 What is the Department's role in processing a Contract Disputes Act claim?
- § 29.918 What information must the Self-Governance Official's decision contain?
- § 29.919 When must the Self-Governance Official issue a written decision on the claim?
- § 29.920 Is a decision of the Self-Governance Official final?
- § 29.921 Where may the Tribe appeal the Self-Governance Official's decision on a Contract Disputes Act claim?
- § 29.922 May a party appeal a Civilian Board of Contract Appeals decision?
- § 29.923 What is the effect of a pending appeal?
- Termination Appeals
- § 29.924 May a Tribe appeal the Department's decision to terminate a compact or funding agreement?
- § 29.925 Is a Tribe entitled to a hearing on the record?
- § 29.926 What rights do the Department and a Tribe have in an appeal of a termination decision?
- § 29.927 What notice and service must the Department and the Tribe provide?
- § 29.928 What is the Department's burden of proof for a termination decision?
- § 29.929 How will the Department communicate its decision following a hearing on a termination decision?
- § 29.930 May the Department or the Tribe appeal the decision of an administrative law judge?
- § 29.931 How can the Department or the Tribe obtain review of the recommended decision of an administrative law judge?
- § 29.932 May a Tribe appeal the decision of the Secretary?
- § 29.933 What is the effect of an appeal on negotiations?
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