25 C.F.R. § 1000.34   What happens if there is a dispute between the Consortium and the withdrawing Tribe?


Title 25 - Indians


Title 25: Indians
PART 1000—ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT
Subpart B—Selection of Additional Tribes for Participation in Tribal Self-Governance
Withdrawal From a Consortium Annual Funding Agreement

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§ 1000.34   What happens if there is a dispute between the Consortium and the withdrawing Tribe?

(a) At least 15 days before the 90-day Congressional review period of the next AFA, the Consortium, OSG, bureau, and the withdrawing Tribe must reach an agreement on the amount of funding and other issues associated with the program or programs involved.

(b) If agreement is not reached:

(1) For BIA and OIEP programs, at least 5 days before the 90-day Congressional review, the Director must make a decision on the funding or other issues involved.

(2) For non-BIA programs, the bureau head will make a decision on the funding or other issues involved.

(c) A copy of the decision made under paragraph (b) of this section must be distributed in accordance with the following table.

 ------------------------------------------------------------------------                                           then a copy of the decision        If the program is . . .               must be sent to . . .------------------------------------------------------------------------(1) A BIA program......................  BIA regional director, the                                          Deputy Commissioner of Indian                                          Affairs, the withdrawing                                          Tribe, and the Consortium.(2) An OIEP program....................  the OIEP line officer, the                                          Director of OIEP, the                                          withdrawing Tribe, and the                                          Consortium.------------------------------------------------------------------------

(d) Any decision made under paragraph (b) of this section is appealable under subpart R of this part.

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