25 C.F.R. PART 1000--ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT
TITLE 25--Indians
CHAPTER VI--OFFICE OF THE ASSISTANT SECRETARY, INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
SUBCHAPTER I--[RESERVED]
PART 1000--ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT
Subpart A--GENERAL PROVISIONS
Subpart B--SELECTION OF ADDITIONAL TRIBES FOR PARTICIPATION IN TRIBAL SELF-GOVERNANCE
|
|
| What is the purpose of this subpart?
|
|
|
|
| What is the ''applicant pool''?
|
|
|
|
| What is a ''nonsignatory Tribe''?
|
|
|
|
| Who is eligible to participate in Tribal self-governance?
|
|
|
|
| How many additional Tribes/Consortia may participate in self-governance per year?
|
|
|
|
| What criteria must a Tribe/Consortium satisfy to be eligible for admission to the ''applicant pool''?
|
|
|
|
| What documents must a Tribe/Consortium submit to OSG to apply for admission to the applicant pool?
|
|
|
|
| May a Consortium member Tribe withdraw from the Consortium and become a member of the applicant pool?
|
|
|
|
| What is done during the ''planning phase''?
|
|
|
|
| What is required in a planning report?
|
|
|
|
| When does a Tribe/Consortium have a ''material audit exception''?
|
|
|
|
| What are the consequences of having a material audit exception?
|
|
|
|
| How is a Tribe/Consortium admitted to the applicant pool?
|
|
|
|
| When does OSG accept applications to become a member of the applicant pool?
|
|
|
|
| What are the deadlines for a Tribe/Consortium in the applicant pool to negotiate a compact and annual funding agreement (AFA)?
|
|
|
|
| Under what circumstances will a Tribe/Consortium be removed from the applicant pool?
|
|
|
|
| How does the Director select which Tribes in the applicant pool become self-governance Tribes?
|
|
|
|
| What happens if an application is not complete?
|
|
|
|
| What happens if a Tribe/Consortium is selected from the applicant pool but does not execute a compact and an AFA during the calendar year?
|
|
|
|
| May a Tribe/Consortium be selected to negotiate an AFA under section 403(b)(2) without having or negotiating an AFA under section 403(b)(1)?
|
|
|
|
| May a Tribe/Consortium be selected to negotiate an AFA under section 403(c) without negotiating an AFA under section 403(b)(1) and/or section 403(b)(2)?
|
|
|
|
| What happens when a Tribe wishes to withdraw from a Consortium annual funding agreement?
|
|
|
|
| What amount of funding is to be removed from the Consortium's AFA for the withdrawing Tribe?
|
|
|
|
| What happens if there is a dispute between the Consortium and the withdrawing Tribe?
|
|
|
|
| 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--SECTION 402(D) PLANNING AND NEGOTIATION GRANTS
|
|
| What is the purpose of this subpart?
|
|
|
|
| What types of grants are available?
|
|
|
|
| Will grants always be made available to meet the planning phase requirement as described in section 402(d) of the Act?
|
|
|
|
| May a Tribe/Consortium use its own resources to meet its self-governance planning and negotiation expenses?
|
|
|
|
| What happens if there are insufficient funds to meet the Tribal requests for planning/negotiation grants in any given year?
|
|
|
|
| How many grants will the Department make each year and what funding will be available?
|
|
|
|
| Which Tribes/Consortia may be selected to receive a negotiation grant?
|
|
|
|
| What must a Tribe/Consortium do to receive a negotiation grant?
|
|
|
|
| What must a Tribe do if it does not wish to receive a negotiation grant?
|
|
|
|
| Who can apply for an advance planning grant?
|
|
|
|
| What must a Tribe/Consortium seeking a planning grant submit in order to meet the planning phase requirements?
|
|
|
|
| How will Tribes/Consortia know when and how to apply for planning grants?
|
|
|
|
| What criteria will the Director use to award advance planning grants?
|
|
|
|
| Can Tribes/Consortia that receive advance planning grants also apply for a negotiation grant?
|
|
|
|
| How will a Tribe/Consortium know whether or not it has been selected to receive an advance planning grant?
|
|
|
|
| Can a Tribe/Consortium appeal within DOI the Director's decision not to award a grant under this subpart?
|
|
Subpart D--OTHER FINANCIAL ASSISTANCE FOR PLANNING AND NEGOTIATION GRANTS FOR NON-BIA PROGRAMS
|
|
| What is the purpose of this subpart?
|
|
|
|
| Are other funds available to self-governance Tribes/Consortia for planning and negotiating with non-BIA bureaus?
|
|
|
|
| Who can apply to OSG for grants to plan and negotiate non-BIA programs?
|
|
|
|
| Under what circumstances may planning and negotiation grants be awarded to Tribes/Consortia?
|
|
|
|
| How does the Tribe/Consortium know when and how to apply to OSG for a planning and negotiation grant?
|
|
|
|
| What kinds of activities do planning and negotiation grants support?
|
|
|
|
| What must be included in the application?
|
|
|
|
| How will the Director award planning and negotiation grants?
|
|
|
|
| May non-BIA bureaus provide technical assistance to a Tribe/Consortium in drafting its planning grant application?
|
|
|
|
| How can a Tribe/Consortium obtain comments or selection documents received or utilized after OSG has made a decision on a planning grant application?
|
|
|
|
| What criteria will the Director use to rank the applications and how many maximum points can be awarded for each criterion?
|
|
|
|
| Can an applicant appeal a decision not to award a grant?
|
|
|
|
| Will OSG notify Tribes/Consortia and affected non-BIA bureaus of the results of the selection process?
|
|
|
|
| Once a Tribe/Consortium has been awarded a grant, may the Tribe/Consortium obtain information from a non-BIA bureau?
|
|
Subpart E--ANNUAL FUNDING AGREEMENTS FOR BUREAU OF INDIAN AFFAIRS PROGRAMS
|
|
| What is the purpose of this subpart?
|
|
|
|
| What is an annual funding agreement (AFA)?
|
|
|
|
| What types of provisions must be included in a BIA AFA?
|
|
|
|
| Can additional provisions be included in an AFA?
|
|
|
|
| Does a Tribe/Consortium have the right to include provisions of Title I of Pub. L. 93-638 in an AFA?
|
|
|
|
| Can a Tribe/Consortium negotiate an AFA with a term that exceeds one year?
|
|
|
|
| What types of programs may be included in an AFA?
|
|
|
|
| How does the AFA specify the services provided, functions performed, and responsibilities assumed by the Tribe/Consortium and those retained by the Secretary?
|
|
|
|
| Do Tribes/Consortia need Secretarial approval to redesign BIA programs that the Tribe/Consortium administers under an AFA?
|
|
|
|
| Can the terms and conditions in an AFA be amended during the year it is in effect?
|
|
|
|
| What happens if an AFA expires before the effective date of the successor AFA?
|
|
|
|
| What funds must be transferred to a Tribe/Consortium under an AFA?
|
|
|
|
| What funds may not be included in an AFA?
|
|
|
|
| May the Secretary place any requirements on programs and funds that are otherwise available to Tribes/Consortia or Indians for which appropriations are made to agencies other than DOI?
|
|
|
|
| What are BIA residual funds?
|
|
|
|
| How is BIA's residual determined?
|
|
|
|
| May a Tribe/Consortium continue to negotiate an AFA pending an appeal of residual functions or amounts?
|
|
|
|
| How does BIA determine a Tribe's/Consortium's share of funds to be included in an AFA?
|
|
|
|
| Can a Tribe/Consortium negotiate a Tribal share for programs outside its region/agency?
|
|
|
|
| May a Tribe/Consortium obtain discretionary or competitive funding that is distributed on a discretionary or competitive basis?
|
|
|
|
| Are all funds identified as Tribal shares always paid to the Tribe/Consortium under an AFA?
|
|
|
|
| How are savings that result from downsizing allocated?
|
|
|
|
| Do Tribes/Consortia need Secretarial approval to reallocate funds between programs that the Tribe/Consortium administers under the AFA?
|
|
|
|
| Can funding amounts negotiated in an AFA be adjusted during the year it is in effect?
|
|
|
|
| What are self-governance base budgets?
|
|
|
|
| Once a Tribe/Consortium establishes a base budget, are funding amounts renegotiated each year?
|
|
|
|
| Must a Tribe/Consortium with a base budget or base budget-eligible program amounts negotiated before January 16, 2001 negotiate new Tribal shares and residual amounts?
|
|
|
|
| How are self-governance base budgets established?
|
|
|
|
| How are self-governance base budgets adjusted?
|
|
Subpart F--NON-BIA ANNUAL SELF-GOVERNANCE COMPACTS AND FUNDING AGREEMENTS
|
|
| What is the purpose of this subpart?
|
|
|
|
| What is an annual funding agreement for a non-BIA program?
|
|
|
|
| What non-BIA programs are eligible for inclusion in an annual funding agreement?
|
|
|
|
| Are there non-BIA programs for which the Secretary must negotiate for inclusion in an AFA subject to such terms as the parties may negotiate?
|
|
|
|
| What programs are included under Section 403(b)(2) of the Act?
|
|
|
|
| What programs are included under Section 403(c)?
|
|
|
|
| What does ''special geographic, historical or cultural'' mean?
|
|
|
|
| Under Section 403(b)(2), when must programs be awarded non-competitively?
|
|
|
|
| Is there a contracting preference for programs of special geographic, historical, or cultural significance?
|
|
|
|
| Are there any programs that may not be included in an AFA?
|
|
|
|
| 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 AFA?
|
|
|
|
| Will Tribes/Consortia participate in the Secretary's determination of what is to be included on the annual list of available programs?
|
|
|
|
| How will the Secretary consult with Tribes/Consortia in developing the list of available programs?
|
|
|
|
| What else is on the list in addition to eligible programs?
|
|
|
|
| May a bureau negotiate with a Tribe/Consortium for programs not specifically included on the annual section 405(c) list?
|
|
|
|
| How will a bureau negotiate an annual funding agreement for a program of special geographic, historical, or cultural significance to more than one Tribe?
|
|
|
|
| When will this determination be made?
|
|
|
|
| What funds are included in an AFA?
|
|
|
|
| How are indirect cost rates determined?
|
|
|
|
| Will the established indirect cost rates always apply to new AFAs?
|
|
|
|
| How does the Secretary determine the amount of indirect contract support costs?
|
|
|
|
| Is there a predetermined cap or limit on indirect cost rates or a fixed formula for calculating indirect cost rates?
|
|
|
|
| Instead of the negotiated indirect cost rate, is it possible to establish a fixed amount or another negotiated rate for indirect costs where funds are limited?
|
|
|
|
| May the bureaus negotiate terms to be included in an AFA for non-Indian programs?
|
|
|
|
| Can a Tribe reallocate funds for a non-BIA non-Indian program?
|
|
|
|
| Do Tribes/Consortia need Secretarial approval to reallocate funds between Title-I eligible programs that the Tribe/Consortium administers under a non-BIA AFA?
|
|
|
|
| Can a Tribe/Consortium negotiate an AFA with a non-BIA bureau for which the performance period exceeds one year?
|
|
|
|
| Can the terms and conditions in a non-BIA AFA be amended during the year it is in effect?
|
|
|
|
| What happens if an AFA expires before the effective date of the successor AFA?
|
|
Subpart G--NEGOTIATION PROCESS FOR ANNUAL FUNDING AGREEMENTS
|
|
| What is the purpose of this subpart?
|
|
|
|
| What is a self-governance compact?
|
|
|
|
| What is included in a self-governance compact?
|
|
|
|
| Can a Tribe/Consortium negotiate other terms and conditions not contained in the model compact?
|
|
|
|
| Can a Tribe/Consortium have an AFA without entering into a compact?
|
|
|
|
| Are provisions in compacts negotiated before January 16, 2001, effective after implementation?
|
|
|
|
| What are the phases of the negotiation process?
|
|
|
|
| Who may initiate the information phase?
|
|
|
|
| Is it mandatory to go through the information phase before initiating the negotiation phase?
|
|
|
|
| How does a Tribe/Consortium initiate the information phase?
|
|
|
|
| What is the letter of interest?
|
|
|
|
| When should a Tribe/Consortium submit a letter of interest?
|
|
|
|
| What steps does the bureau take after a letter of interest is submitted by a Tribe/Consortium?
|
|
|
|
| How does a newly selected Tribe/Consortium initiate the negotiation phase?
|
|
|
|
| How and when does the bureau respond to a request to negotiate?
|
|
|
|
| What is the process for conducting the negotiation phase?
|
|
|
|
| What issues must the bureau and the Tribe/Consortium address at negotiation meetings?
|
|
|
|
| What happens when the AFA is signed?
|
|
|
|
| When does the AFA become effective?
|
|
|
|
| What happens if the Tribe/Consortium and bureau negotiators fail to reach an agreement?
|
|
|
|
| How does the Tribe/Consortium initiate the negotiation of a successor AFA?
|
|
|
|
| What is the process for negotiating a successor AFA?
|
|
Subpart H--LIMITATION AND/OR REDUCTION OF BIA SERVICES, CONTRACTS, AND FUNDS
|
|
| What is the purpose of this subpart?
|
|
|
|
| To whom does this subpart apply?
|
|
|
|
| What services, contracts, or funds are protected under section 406(a)?
|
|
|
|
| Who may raise the issue of limitation or reduction of services, contracts, or funding?
|
|
|
|
| When must BIA raise the issue of limitation or reduction of services, contracts, or funding?
|
|
|
|
| When must an affected Tribe/Consortium or Tribal organization raise the issue of a limitation or reduction of services, contracts, or funding for which it is eligible?
|
|
|
|
| What must be included in a finding by BIA or in a claim by an affected Tribe/Consortium or Tribal organization regarding the issue of a limitation or reduction of services?
|
|
|
|
| How will BIA resolve a claim?
|
|
|
|
| How must a limitation or reduction in services, contracts, or funds be remedied?
|
|
Subpart I--PUBLIC CONSULTATION PROCESS
|
|
| When does a non-BIA bureau use a public consultation process related to the negotiation of an AFA?
|
|
|
|
| Will the bureau contact the Tribe/Consortium before initiating public consultation process for a non-BIA AFA under negotiation?
|
|
|
|
| What is the role of the Tribe/Consortium when a bureau initiates a public meeting?
|
|
|
|
| What should the bureau do if it is invited to attend a meeting with respect to the Tribe's/Consortium's proposed AFA?
|
|
|
|
| Will the bureau and the Tribe/Consortium share information concerning inquiries about the Tribes/Consortia and the AFA?
|
|
Subpart J--WAIVER OF REGULATIONS
|
|
| What regulations apply to self-governance Tribes?
|
|
|
|
| Can the Secretary grant a waiver of regulations to a Tribe/Consortium?
|
|
|
|
| How does a Tribe/Consortium obtain a waiver?
|
|
|
|
| When can a Tribe/Consortium request a waiver of a regulation?
|
|
|
|
| How can a Tribe/Consortium expedite the review of a regulation waiver request?
|
|
|
|
| Are meetings or discussions mandatory?
|
|
|
|
| On what basis may the Secretary deny a waiver request?
|
|
|
|
| What happens if the Secretary denies the waiver request?
|
|
|
|
| What are examples of waivers prohibited by law?
|
|
|
|
| May a Tribe/Consortium propose a substitute for a regulation it wishes to be waived?
|
|
|
|
| How is a waiver approval documented for the record?
|
|
|
|
| How does a Tribe/Consortium request reconsideration of the Secretary's denial of a waiver?
|
|
|
|
| When must DOI respond to a request for reconsideration?
|
|
Subpart K--CONSTRUCTION
|
|
| What construction programs included in an AFA are subject to this subpart?
|
|
|
|
| Does this subpart create an agency relationship?
|
|
|
|
| What provisions relating to a construction program may be included in an AFA?
|
|
|
|
| What special provisions must be included in an AFA that contains a construction program?
|
|
|
|
| May the Secretary suspend construction activities under an AFA?
|
|
|
|
| May a Tribe/Consortium continue work with construction funds remaining in an AFA at the end of the funding year?
|
|
|
|
| Must an AFA that contains a construction project or activity incorporate provisions of Federal construction standards?
|
|
|
|
| May the Secretary require design provisions and other terms and conditions for construction programs or activities included in an AFA under section 403(c) of the Act?
|
|
|
|
| What is the Tribe's/Consortium's role in a construction program included in an AFA?
|
|
|
|
| What is the Secretary's role in a construction program in an AFA?
|
|
|
|
| How are property and funding returned if there is a reassumption for substantial failure to carry out an AFA?
|
|
|
|
| What happens when a Tribe/Consortium is suspended for substantial failure to carry out the terms of an AFA without good cause and does not correct the failure during the suspension?
|
|
|
|
| Do all provisions of other subparts apply to construction portions of AFAs?
|
|
|
|
| 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?
|
|
|
|
| May a Tribe/Consortium reallocate funds from a construction program to a non-construction program?
|
|
|
|
| May a Tribe/Consortium reallocate funds among construction programs?
|
|
|
|
| Must the Secretary retain project funds to ensure proper health and safety standards in construction projects?
|
|
Subpart L--FEDERAL TORT CLAIMS
|
|
| What does this subpart cover?
|
|
|
|
| What other statutes and regulations apply to FTCA coverage?
|
|
|
|
| Do Tribes/Consortia need to be aware of areas which FTCA does not cover?
|
|
|
|
| Is there a deadline for filing FTCA claims?
|
|
|
|
| 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?
|
|
|
|
| Is it necessary for a self-governance AFA to include any clauses about FTCA coverage?
|
|
|
|
| Does FTCA apply to a self-governance AFA if FTCA is not referenced in the AFA?
|
|
|
|
| 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?
|
|
|
|
| Does this coverage extend to subcontractors of self-governance AFAs?
|
|
|
|
| Is FTCA the exclusive remedy for a tort claim, including a claim concerning personal injury or death, resulting from the performance of a self-governance AFA?
|
|
|
|
| What employees are covered by FTCA for medical-related claims?
|
|
|
|
| Does FTCA cover employees of the Tribe/Consortium who are paid by the Tribe/Consortium from funds other than those provided through the self-governance AFA?
|
|
|
|
| May persons who are not Indians or Alaska Natives assert claims under FTCA?
|
|
|
|
| If the Tribe/Consortium or Tribe's/Consortium's employee receives a summons and/or a complaint alleging a tort covered by FTCA, what should the Tribe/Consortium do?
|
|
Subpart M--REASSUMPTION
|
|
| What is the purpose of this subpart?
|
|
|
|
| When may the Secretary reassume a Federal program operated by a Tribe/Consortium under an AFA?
|
|
|
|
| ''What is imminent jeopardy'' to a trust asset?
|
|
|
|
| What is imminent jeopardy to natural resources?
|
|
|
|
| What is imminent jeopardy to public health and safety?
|
|
|
|
| In an imminent jeopardy situation, what must the Secretary do?
|
|
|
|
| Must the Secretary always reassume a program, upon a finding of imminent jeopardy?
|
|
|
|
| What happens if the Secretary's designated representative determines that the Tribe/Consortium cannot mitigate the conditions within 60 days?
|
|
|
|
| What will the notice of reassumption include?
|
|
|
|
| How much time will a Tribe/Consortium have to respond to a notice of imminent jeopardy?
|
|
|
|
| What information must the Tribe's/Consortium's response contain?
|
|
|
|
| How will the Secretary reply to the Tribe's/Consortium's response?
|
|
|
|
| What happens if the Secretary accepts the Tribe's/Consortium's proposed measures?
|
|
|
|
| What happens if the Secretary does not accept the Tribe's/Consortium's proposed measures?
|
|
|
|
| What must a Tribe/Consortium do when a program is reassumed?
|
|
|
|
| When must the Tribe/Consortium return funds to the Department?
|
|
|
|
| May the Tribe/Consortium be reimbursed for actual and reasonable ''wind up costs'' incurred after the effective date of retrocession?
|
|
|
|
| Is a Tribe's/Consortium's general right to negotiate an AFA adversely affected by a reassumption action?
|
|
|
|
| When will the Secretary return management of a reassumed program?
|
|
Subpart N--RETROCESSION
|
|
| What is the purpose of this subpart?
|
|
|
|
| Is a decision by a Tribe/Consortium not to include a program in a successor agreement considered a retrocession?
|
|
|
|
| Who may retrocede a program in an AFA?
|
|
|
|
| How does a Tribe/Consortium retrocede a program?
|
|
|
|
| When will the retrocession become effective?
|
|
|
|
| How will retrocession affect the Tribe's/Consortium's existing and future AFAs?
|
|
|
|
| Does the Tribe/Consortium have to return funds used in the operation of a retroceded program?
|
|
|
|
| Does the Tribe/Consortium have to return property used in the operation of a retroceded program?
|
|
|
|
| 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?
|
|
|
|
| How does retrocession affect a bureau's operation of the retroceded program?
|
|
Subpart O--TRUST EVALUATION REVIEW
|
|
| What is the purpose of this subpart?
|
|
|
|
| Does the Tribal Self-Governance Act of 1994 alter the trust responsibility of the United States to Indian Tribes and individuals under self-governance?
|
|
|
|
| What are ''trust resources'' for the purposes of the trust evaluation process?
|
|
|
|
| What are ''trust functions'' for the purposes of the trust evaluation process?
|
|
|
|
| What is a trust evaluation?
|
|
|
|
| How are trust evaluations conducted?
|
|
|
|
| May the trust evaluation process be used for additional reviews?
|
|
|
|
| May the parties negotiate standards of review for purposes of the trust evaluation?
|
|
|
|
| Can an initial review of the status of the trust asset be conducted?
|
|
|
|
| What are the responsibilities of the Secretary's designated representative(s) after the annual trust evaluation?
|
|
|
|
| Is the trust evaluation standard or process different when the trust asset is held in trust for an individual Indian or Indian allottee?
|
|
|
|
| Will the annual review include a review of the Secretary's residual trust functions?
|
|
|
|
| What are the consequences of a finding of imminent jeopardy in the annual trust evaluation?
|
|
|
|
| What if the trust evaluation reveals problems that do not rise to the level of imminent jeopardy?
|
|
|
|
| Who is responsible for corrective action?
|
|
|
|
| What are the requirements of the review team report?
|
|
|
|
| Can the Department conduct more than one trust evaluation per Tribe per year?
|
|
|
|
| Will the Department evaluate a Tribe's/Consortium's performance of non-trust related programs?
|
|
Subpart P--REPORTS
|
|
| What is the purpose of this subpart?
|
|
|
|
| How is information about self-governance developed and reported?
|
|
|
|
| What may the Tribe's/Consortium's annual report on self-governance address?
|
|
Subpart Q--MISCELLANEOUS PROVISIONS
|
|
| How can a Tribe/Consortium hire a Federal employee to help implement an AFA?
|
|
|
|
| Can a Tribe/Consortium employee be detailed to a Federal service position?
|
|
|
|
| How does the Freedom of Information Act apply?
|
|
|
|
| How does the Privacy Act apply?
|
|
|
|
| What audit requirements must a self-governance Tribe/Consortium follow?
|
|
|
|
| Do OMB circulars and revisions apply to self-governance funding agreements?
|
|
|
|
| Does a Tribe/Consortium have additional ongoing requirements to maintain minimum standards for Tribe/Consortium management systems?
|
|
|
|
| Are there any restrictions on how AFA funds may be spent?
|
|
|
|
| May a Tribe/Consortium invest funds received under a self-governance agreement?
|
|
|
|
| How may interest or investment income that accrues on AFAs be used?
|
|
|
|
| Can a Tribe/Consortium retain savings from programs?
|
|
|
|
| Can a Tribe/Consortium carry over funds not spent during the term of the AFA?
|
|
|
|
| After a non-BIA AFA has been executed and the funds transferred to a Tribe/Consortium, can a bureau request the return of funds?
|
|
|
|
| How can a person or group appeal a decision or contest an action related to a program operated by a Tribe/Consortium under an AFA?
|
|
|
|
| Must self-governance Tribes/Consortia comply with the Secretarial approval requirements of 25 U.S.C. 81; 82a; and 476 regarding professional and attorney contracts?
|
|
|
|
| Are AFA funds non-Federal funds for the purpose of meeting matching requirements?
|
|
|
|
| Does Indian preference apply to services, activities, programs, and functions performed under a self-governance AFA?
|
|
|
|
| Do the wage and labor standards in the Davis-Bacon Act apply to Tribes and Tribal Consortia?
|
|
|
|
| Can a Tribe/Consortium use Federal supply sources in the performance of an AFA?
|
|
|
|
| Does the Prompt Payment Act (31 U.S.C. 3901) apply to a non-BIA, non-Indian program AFA?
|
|
Subpart R--APPEALS
|
|
| What does ''Title-I eligible programs'' mean in this subpart?
|
|
|
|
| What is the purpose of this subpart?
|
|
|
|
| How must disputes be handled?
|
|
|
|
| Are there any decisions that are not administratively appealable under this subpart?
|
|
|
|
| Does a Tribe/Consortium have a right to an informal conference to resolve any disputes?
|
|
|
|
| How does a Tribe/Consortium request an informal conference?
|
|
|
|
| How is an informal conference held?
|
|
|
|
| What happens after the informal conference?
|
|
|
|
| How may a Tribe/Consortium appeal a decision made after the AFA or compact or amendment to an AFA or compact has been signed?
|
|
|
|
| What statutes and regulations govern resolution of disputes concerning signed AFAs or compacts that are appealed to IBCA?
|
|
|
|
| To whom are appeals directed regarding reassumption for imminent jeopardy?
|
|
|
|
| Does the Equal Access to Justice Act (EAJA) apply to appeals under this subpart?
|
|
|
|
| To whom may a Tribe appeal a decision made before the AFA or an amendment to the AFA or compact is signed?
|
|
|
|
| When and how must a Tribe/Consortium appeal an adverse pre-award decision?
|
|
|
|
| When must the bureau head (or appropriate Assistant Secretary) issue a final decision in the pre-award appeal?
|
|
|
|
| When and how will the Assistant Secretary respond to an appeal by a Tribe/Consortium?
|
|
|
|
| How may a Tribe/Consortium seek reconsideration of the Secretary's decision involving a self-governance compact?
|
|
|
|
| When will the Secretary respond to a request for reconsideration of a decision involving a self-governance compact?
|
|
|
|
| May Tribes/Consortia appeal Department decisions to a Federal court?
|
|
Subpart S--CONFLICTS OF INTEREST
|
|
| What is an organizational conflict of interest?
|
|
|
|
| What must a Tribe/Consortium do if an organizational conflict of interest arises under an AFA?
|
|
|
|
| When must a Tribe/Consortium regulate its employees or subcontractors to avoid a personal conflict of interest?
|
|
|
|
| What types of personal conflicts of interest involving tribal officers, employees or subcontractors would have to be regulated by a Tribe/Consortium?
|
|
|
|
| What personal conflicts of interest must the standards of conduct regulate?
|
|
|
|
| May a Tribe/Consortium negotiate AFA provisions on conflicts of interest to take the place of this subpart?
|
|
