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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 25 - Indians |
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Chapter VI - Office of the Assistant Secretary, Indian Affairs, Department of the Interior |
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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
| Subpart A - General Provisions |
| § 1000.1 - Authority. |
| § 1000.2 - Definitions. |
| § 1000.3 - Purpose and scope. |
| § 1000.4 - Policy statement. |
| Subpart B - Selection of Additional Tribes for Participation in Tribal Self-Governance |
| Purpose and Definitions |
| § 1000.10 - What is the purpose of this subpart? |
| § 1000.11 - What is the “applicant pool”? |
| § 1000.12 - What is a “signatory”? |
| § 1000.13 - What is a “nonsignatory Tribe”? |
| Admission Into the Applicant Pool |
| § 1000.23 - How is a Tribe/Consortium admitted to the applicant pool? |
| § 1000.24 - When does OSG accept applications to become a member of the applicant pool? |
| § 1000.25 - What are the deadlines for a Tribe/Consortium in the applicant pool to negotiate a compact and annual funding agreement (AFA)? |
| § 1000.26 - Under what circumstances will a Tribe/Consortium be removed from the applicant pool? |
| § 1000.27 - How does the Director select which Tribes in the applicant pool become self-governance Tribes? |
| § 1000.28 - What happens if an application is not complete? |
| § 1000.29 - 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? |
| § 1000.30 - 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)? |
| § 1000.31 - 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)? |
| Withdrawal from a Consortium Annual Funding Agreement |
| § 1000.32 - What happens when a Tribe wishes to withdraw from a Consortium annual funding agreement? |
| § 1000.33 - What amount of funding is to be removed from the Consortium's AFA for the withdrawing Tribe? |
| § 1000.34 - What happens if there is a dispute between the Consortium and the withdrawing Tribe? |
| Eligibility |
| § 1000.14 - Who is eligible to participate in Tribal self-governance? |
| § 1000.15 - How many additional Tribes/Consortia may participate in self-governance per year? |
| § 1000.16 - What criteria must a Tribe/Consortium satisfy to be eligible for admission to the “applicant pool”? |
| § 1000.17 - What documents must a Tribe/Consortium submit to OSG to apply for admission to the applicant pool? |
| § 1000.18 - May a Consortium member Tribe withdraw from the Consortium and become a member of the applicant pool? |
| § 1000.19 - What is done during the “planning phase”? |
| § 1000.20 - What is required in a planning report? |
| § 1000.21 - When does a Tribe/Consortium have a “material audit exception”? |
| § 1000.22 - What are the consequences of having a material audit exception? |
| Subpart C - Section 402(d) Planning and Negotiation Grants |
| Advance Planning Grant Funding |
| § 1000.49 - Who can apply for an advance planning grant? |
| § 1000.50 - What must a Tribe/Consortium seeking a planning grant submit in order to meet the planning phase requirements? |
| § 1000.51 - How will Tribes/Consortia know when and how to apply for planning grants? |
| § 1000.52 - What criteria will the Director use to award advance planning grants? |
| § 1000.53 - Can Tribes/Consortia that receive advance planning grants also apply for a negotiation grant? |
| § 1000.54 - How will a Tribe/Consortium know whether or not it has been selected to receive an advance planning grant? |
| § 1000.55 - Can a Tribe/Consortium appeal within DOI the Director's decision not to award a grant under this subpart? |
| Availability, Amount, and Number of Grants |
| § 1000.42 - Will grants always be made available to meet the planning phase requirement as described in section 402(d) of the Act? |
| § 1000.43 - May a Tribe/Consortium use its own resources to meet its self-governance planning and negotiation expenses? |
| § 1000.44 - What happens if there are insufficient funds to meet the Tribal requests for planning/negotiation grants in any given year? |
| § 1000.45 - How many grants will the Department make each year and what funding will be available? |
| Purpose and Types of Grants |
| § 1000.40 - What is the purpose of this subpart? |
| § 1000.41 - What types of grants are available? |
| Selection Criteria |
| § 1000.46 - Which Tribes/Consortia may be selected to receive a negotiation grant? |
| § 1000.47 - What must a Tribe/Consortium do to receive a negotiation grant? |
| § 1000.48 - What must a Tribe do if it does not wish to receive a negotiation grant? |
| Subpart D - Other Financial Assistance for Planning and Negotiation Grants for Non-BIA Programs |
| Eligibility and Application Process |
| § 1000.62 - Who can apply to OSG for grants to plan and negotiate non-BIA programs? |
| § 1000.63 - Under what circumstances may planning and negotiation grants be awarded to Tribes/Consortia? |
| § 1000.64 - How does the Tribe/Consortium know when and how to apply to OSG for a planning and negotiation grant? |
| § 1000.65 - What kinds of activities do planning and negotiation grants support? |
| § 1000.66 - What must be included in the application? |
| § 1000.67 - How will the Director award planning and negotiation grants? |
| § 1000.68 - May non-BIA bureaus provide technical assistance to a Tribe/Consortium in drafting its planning grant application? |
| § 1000.69 - How can a Tribe/Consortium obtain comments or selection documents received or utilized after OSG has made a decision on a planning grant application? |
| § 1000.70 - What criteria will the Director use to rank the applications and how many maximum points can be awarded for each criterion? |
| § 1000.71 - Can an applicant appeal a decision not to award a grant? |
| § 1000.72 - Will OSG notify Tribes/Consortia and affected non-BIA bureaus of the results of the selection process? |
| § 1000.73 - Once a Tribe/Consortium has been awarded a grant, may the Tribe/Consortium obtain information from a non-BIA bureau? |
| Purpose and Eligibility |
| § 1000.60 - What is the purpose of this subpart? |
| § 1000.61 - Are other funds available to self-governance Tribes/Consortia for planning and negotiating with non-BIA bureaus? |
| Subpart E - Annual Funding Agreements for Bureau of Indian Affairs Programs |
| § 1000.80 - What is the purpose of this subpart? |
| § 1000.81 - What is an annual funding agreement (AFA)? |
| Determining What Programs May Be Included in an AFA |
| § 1000.86 - What types of programs may be included in an AFA? |
| § 1000.87 - How does the AFA specify the services provided, functions performed, and responsibilities assumed by the Tribe/Consortium and those retained by the Secretary? |
| § 1000.88 - Do Tribes/Consortia need Secretarial approval to redesign BIA programs that the Tribe/Consortium administers under an AFA? |
| § 1000.89 - Can the terms and conditions in an AFA be amended during the year it is in effect? |
| § 1000.90 - What happens if an AFA expires before the effective date of the successor AFA? |
| Establishing Self-Governance Base Budgets |
| § 1000.105 - What are self-governance base budgets? |
| § 1000.106 - Once a Tribe/Consortium establishes a base budget, are funding amounts renegotiated each year? |
| § 1000.107 - 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? |
| § 1000.108 - How are self-governance base budgets established? |
| § 1000.109 - How are self-governance base budgets adjusted? |
| Contents and Scope of Annual Funding Agreements |
| § 1000.82 - What types of provisions must be included in a BIA AFA? |
| § 1000.83 - Can additional provisions be included in an AFA? |
| § 1000.84 - Does a Tribe/Consortium have the right to include provisions of Title I of Pub. L. 93-638 in an AFA? |
| § 1000.85 - Can a Tribe/Consortium negotiate an AFA with a term that exceeds one year? |
| Determining AFA Amounts |
| § 1000.91 - What funds must be transferred to a Tribe/Consortium under an AFA? |
| § 1000.92 - What funds may not be included in an AFA? |
| § 1000.93 - 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? |
| § 1000.94 - What are BIA residual funds? |
| § 1000.95 - How is BIA's residual determined? |
| § 1000.96 - May a Tribe/Consortium continue to negotiate an AFA pending an appeal of residual functions or amounts? |
| § 1000.97 - What is a Tribal share? |
| § 1000.98 - How does BIA determine a Tribe's/Consortium's share of funds to be included in an AFA? |
| § 1000.99 - Can a Tribe/Consortium negotiate a Tribal share for programs outside its region/agency? |
| § 1000.100 - May a Tribe/Consortium obtain discretionary or competitive funding that is distributed on a discretionary or competitive basis? |
| § 1000.101 - Are all funds identified as Tribal shares always paid to the Tribe/Consortium under an AFA? |
| § 1000.102 - How are savings that result from downsizing allocated? |
| § 1000.103 - Do Tribes/Consortia need Secretarial approval to reallocate funds between programs that the Tribe/Consortium administers under the AFA? |
| § 1000.104 - Can funding amounts negotiated in an AFA be adjusted during the year it is in effect? |
| Subpart F - Non-BIA Annual Self-Governance Compacts and Funding Agreements |
| Other Terms and Conditions |
| § 1000.143 - May the bureaus negotiate terms to be included in an AFA for non-Indian programs? |
| Funding |
| § 1000.137 - What funds are included in an AFA? |
| § 1000.138 - How are indirect cost rates determined? |
| § 1000.139 - Will the established indirect cost rates always apply to new AFAs? |
| § 1000.140 - How does the Secretary determine the amount of indirect contract support costs? |
| § 1000.141 - Is there a predetermined cap or limit on indirect cost rates or a fixed formula for calculating indirect cost rates? |
| § 1000.142 - 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? |
| Purpose |
| § 1000.120 - What is the purpose of this subpart? |
| § 1000.121 - What is an annual funding agreement for a non-BIA program? |
| Eligibility |
| § 1000.122 - What non-BIA programs are eligible for inclusion in an annual funding agreement? |
| § 1000.123 - 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? |
| § 1000.124 - What programs are included under Section 403(b)(2) of the Act? |
| § 1000.125 - What programs are included under Section 403(c)? |
| § 1000.126 - What does “special geographic, historical or cultural” mean? |
| § 1000.127 - Under Section 403(b)(2), when must programs be awarded non-competitively? |
| § 1000.128 - Is there a contracting preference for programs of special geographic, historical, or cultural significance? |
| § 1000.129 - Are there any programs that may not be included in an AFA? |
| § 1000.130 - 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? |
| § 1000.131 - Will Tribes/Consortia participate in the Secretary's determination of what is to be included on the annual list of available programs? |
| § 1000.132 - How will the Secretary consult with Tribes/Consortia in developing the list of available programs? |
| § 1000.133 - What else is on the list in addition to eligible programs? |
| § 1000.134 - May a bureau negotiate with a Tribe/Consortium for programs not specifically included on the annual section 405(c) list? |
| § 1000.135 - How will a bureau negotiate an annual funding agreement for a program of special geographic, historical, or cultural significance to more than one Tribe? |
| § 1000.136 - When will this determination be made? |
| Reallocation, Duration, and Amendments |
| § 1000.144 - Can a Tribe reallocate funds for a non-BIA non-Indian program? |
| § 1000.145 - Do Tribes/Consortia need Secretarial approval to reallocate funds between Title-I eligible programs that the Tribe/Consortium administers under a non-BIA AFA? |
| § 1000.146 - Can a Tribe/Consortium negotiate an AFA with a non-BIA bureau for which the performance period exceeds one year? |
| § 1000.147 - Can the terms and conditions in a non-BIA AFA be amended during the year it is in effect? |
| § 1000.148 - What happens if an AFA expires before the effective date of the successor AFA? |
| Subpart G - Negotiation Process for Annual Funding Agreements |
| Purpose |
| § 1000.160 - What is the purpose of this subpart? |
| Negotiation of Initial Annual Funding Agreements |
| § 1000.166 - What are the phases of the negotiation process? |
| § 1000.167 - Who may initiate the information phase? |
| § 1000.168 - Is it mandatory to go through the information phase before initiating the negotiation phase? |
| § 1000.169 - How does a Tribe/Consortium initiate the information phase? |
| § 1000.170 - What is the letter of interest? |
| § 1000.171 - When should a Tribe/Consortium submit a letter of interest? |
| § 1000.172 - What steps does the bureau take after a letter of interest is submitted by a Tribe/Consortium? |
| § 1000.173 - How does a newly selected Tribe/Consortium initiate the negotiation phase? |
| § 1000.174 - How and when does the bureau respond to a request to negotiate? |
| § 1000.175 - What is the process for conducting the negotiation phase? |
| § 1000.176 - What issues must the bureau and the Tribe/Consortium address at negotiation meetings? |
| § 1000.177 - What happens when the AFA is signed? |
| § 1000.178 - When does the AFA become effective? |
| § 1000.179 - What happens if the Tribe/Consortium and bureau negotiators fail to reach an agreement? |
| Negotiating a Self-Governance Compact |
| § 1000.161 - What is a self-governance compact? |
| § 1000.162 - What is included in a self-governance compact? |
| § 1000.163 - Can a Tribe/Consortium negotiate other terms and conditions not contained in the model compact? |
| § 1000.164 - Can a Tribe/Consortium have an AFA without entering into a compact? |
| § 1000.165 - Are provisions in compacts negotiated before January 16, 2001, effective after implementation? |
| Negotiation Process for Successor Annual Funding Agreements |
| § 1000.180 - What is a successor AFA? |
| § 1000.181 - How does the Tribe/Consortium initiate the negotiation of a successor AFA? |
| § 1000.182 - What is the process for negotiating a successor AFA? |
| Subpart H - Limitation and/or Reduction of BIA Services, Contracts, and Funds |
| § 1000.190 - What is the purpose of this subpart? |
| § 1000.191 - To whom does this subpart apply? |
| § 1000.192 - What services, contracts, or funds are protected under section 406(a)? |
| § 1000.193 - Who may raise the issue of limitation or reduction of services, contracts, or funding? |
| § 1000.194 - When must BIA raise the issue of limitation or reduction of services, contracts, or funding? |
| § 1000.195 - 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? |
| § 1000.196 - 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? |
| § 1000.197 - How will BIA resolve a claim? |
| § 1000.198 - How must a limitation or reduction in services, contracts, or funds be remedied? |
| Subpart I - Public Consultation Process |
| § 1000.210 - When does a non-BIA bureau use a public consultation process related to the negotiation of an AFA? |
| § 1000.211 - Will the bureau contact the Tribe/Consortium before initiating public consultation process for a non-BIA AFA under negotiation? |
| § 1000.212 - What is the role of the Tribe/Consortium when a bureau initiates a public meeting? |
| § 1000.213 - What should the bureau do if it is invited to attend a meeting with respect to the Tribe's/Consortium's proposed AFA? |
| § 1000.214 - Will the bureau and the Tribe/Consortium share information concerning inquiries about the Tribes/Consortia and the AFA? |
| Subpart J - Waiver of Regulations |
| § 1000.220 - What regulations apply to self-governance Tribes? |
| § 1000.221 - Can the Secretary grant a waiver of regulations to a Tribe/Consortium? |
| § 1000.222 - How does a Tribe/Consortium obtain a waiver? |
| § 1000.223 - When can a Tribe/Consortium request a waiver of a regulation? |
| § 1000.224 - How can a Tribe/Consortium expedite the review of a regulation waiver request? |
| § 1000.225 - Are meetings or discussions mandatory? |
| § 1000.226 - On what basis may the Secretary deny a waiver request? |
| § 1000.227 - What happens if the Secretary denies the waiver request? |
| § 1000.228 - What are examples of waivers prohibited by law? |
| § 1000.229 - May a Tribe/Consortium propose a substitute for a regulation it wishes to be waived? |
| § 1000.230 - How is a waiver approval documented for the record? |
| § 1000.231 - How does a Tribe/Consortium request reconsideration of the Secretary's denial of a waiver? |
| § 1000.232 - When must DOI respond to a request for reconsideration? |
| Subpart K - Construction |
| § 1000.240 - What construction programs included in an AFA are subject to this subpart? |
| § 1000.241 - Does this subpart create an agency relationship? |
| § 1000.242 - What provisions relating to a construction program may be included in an AFA? |
| § 1000.243 - What special provisions must be included in an AFA that contains a construction program? |
| § 1000.244 - May the Secretary suspend construction activities under an AFA? |
| § 1000.245 - May a Tribe/Consortium continue work with construction funds remaining in an AFA at the end of the funding year? |
| § 1000.246 - Must an AFA that contains a construction project or activity incorporate provisions of Federal construction standards? |
| § 1000.247 - 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? |
| § 1000.248 - What is the Tribe's/Consortium's role in a construction program included in an AFA? |
| § 1000.249 - What is the Secretary's role in a construction program in an AFA? |
| § 1000.250 - How are property and funding returned if there is a reassumption for substantial failure to carry out an AFA? |
| § 1000.251 - 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? |
| § 1000.252 - Do all provisions of other subparts apply to construction portions of AFAs? |
| § 1000.254 - May a Tribe/Consortium reallocate funds from a construction program to a non-construction program? |
| § 1000.255 - May a Tribe/Consortium reallocate funds among construction programs? |
| § 1000.256 - Must the Secretary retain project funds to ensure proper health and safety standards in construction projects? |
| Subpart L - Federal Tort Claims |
| § 1000.270 - What does this subpart cover? |
| § 1000.271 - What other statutes and regulations apply to FTCA coverage? |
| § 1000.272 - Do Tribes/Consortia need to be aware of areas which FTCA does not cover? |
| § 1000.273 - Is there a deadline for filing FTCA claims? |
| § 1000.274 - 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? |
| § 1000.275 - Is it necessary for a self-governance AFA to include any clauses about FTCA coverage? |
| § 1000.276 - Does FTCA apply to a self-governance AFA if FTCA is not referenced in the AFA? |
| § 1000.277 - 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? |
| § 1000.278 - Does this coverage extend to subcontractors of self-governance AFAs? |
| § 1000.279 - 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? |
| § 1000.280 - What employees are covered by FTCA for medical-related claims? |
| § 1000.281 - 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? |
| § 1000.282 - May persons who are not Indians or Alaska Natives assert claims under FTCA? |
| § 1000.283 - 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 |
| § 1000.300 - What is the purpose of this subpart? |
| § 1000.301 - When may the Secretary reassume a Federal program operated by a Tribe/Consortium under an AFA? |
| § 1000.302 - “What is imminent jeopardy” to a trust asset? |
| § 1000.303 - What is imminent jeopardy to natural resources? |
| § 1000.304 - What is imminent jeopardy to public health and safety? |
| § 1000.305 - In an imminent jeopardy situation, what must the Secretary do? |
| § 1000.306 - Must the Secretary always reassume a program, upon a finding of imminent jeopardy? |
| § 1000.307 - What happens if the Secretary's designated representative determines that the Tribe/Consortium cannot mitigate the conditions within 60 days? |
| § 1000.308 - What will the notice of reassumption include? |
| § 1000.309 - How much time will a Tribe/Consortium have to respond to a notice of imminent jeopardy? |
| § 1000.310 - What information must the Tribe's/Consortium's response contain? |
| § 1000.311 - How will the Secretary reply to the Tribe's/Consortium's response? |
| § 1000.312 - What happens if the Secretary accepts the Tribe's/Consortium's proposed measures? |
| § 1000.313 - What happens if the Secretary does not accept the Tribe's/Consortium's proposed measures? |
| § 1000.314 - What must a Tribe/Consortium do when a program is reassumed? |
| § 1000.315 - When must the Tribe/Consortium return funds to the Department? |
| § 1000.316 - May the Tribe/Consortium be reimbursed for actual and reasonable “wind up costs” incurred after the effective date of retrocession? |
| § 1000.317 - Is a Tribe's/Consortium's general right to negotiate an AFA adversely affected by a reassumption action? |
| § 1000.318 - When will the Secretary return management of a reassumed program? |
| Subpart N - Retrocession |
| § 1000.330 - What is the purpose of this subpart? |
| § 1000.331 - Is a decision by a Tribe/Consortium not to include a program in a successor agreement considered a retrocession? |
| § 1000.332 - Who may retrocede a program in an AFA? |
| § 1000.333 - How does a Tribe/Consortium retrocede a program? |
| § 1000.334 - When will the retrocession become effective? |
| § 1000.335 - How will retrocession affect the Tribe's/Consortium's existing and future AFAs? |
| § 1000.336 - Does the Tribe/Consortium have to return funds used in the operation of a retroceded program? |
| § 1000.337 - Does the Tribe/Consortium have to return property used in the operation of a retroceded program? |
| § 1000.338 - 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? |
| § 1000.339 - How does retrocession affect a bureau's operation of the retroceded program? |
| Subpart O - Trust Evaluation Review |
| § 1000.350 - What is the purpose of this subpart? |
| § 1000.351 - Does the Tribal Self-Governance Act of 1994 alter the trust responsibility of the United States to Indian Tribes and individuals under self-governance? |
| § 1000.352 - What are “trust resources” for the purposes of the trust evaluation process? |
| § 1000.353 - What are “trust functions” for the purposes of the trust evaluation process? |
| Annual Trust Evaluations |
| § 1000.354 - What is a trust evaluation? |
| § 1000.355 - How are trust evaluations conducted? |
| § 1000.356 - May the trust evaluation process be used for additional reviews? |
| § 1000.357 - May the parties negotiate standards of review for purposes of the trust evaluation? |
| § 1000.358 - Can an initial review of the status of the trust asset be conducted? |
| § 1000.359 - What are the responsibilities of the Secretary's designated representative(s) after the annual trust evaluation? |
| § 1000.360 - Is the trust evaluation standard or process different when the trust asset is held in trust for an individual Indian or Indian allottee? |
| § 1000.361 - Will the annual review include a review of the Secretary's residual trust functions? |
| § 1000.362 - What are the consequences of a finding of imminent jeopardy in the annual trust evaluation? |
| § 1000.363 - What if the trust evaluation reveals problems that do not rise to the level of imminent jeopardy? |
| § 1000.364 - Who is responsible for corrective action? |
| § 1000.365 - What are the requirements of the review team report? |
| § 1000.366 - Can the Department conduct more than one trust evaluation per Tribe per year? |
| § 1000.367 - Will the Department evaluate a Tribe's/Consortium's performance of non-trust related programs? |
| Subpart P - Reports |
| § 1000.380 - What is the purpose of this subpart? |
| § 1000.381 - How is information about self-governance developed and reported? |
| § 1000.382 - What may the Tribe's/Consortium's annual report on self-governance address? |
| Subpart Q - Miscellaneous Provisions |
| § 1000.390 - How can a Tribe/Consortium hire a Federal employee to help implement an AFA? |
| § 1000.391 - Can a Tribe/Consortium employee be detailed to a Federal service position? |
| § 1000.392 - How does the Freedom of Information Act apply? |
| § 1000.393 - How does the Privacy Act apply? |
| § 1000.394 - What audit requirements must a self-governance Tribe/Consortium follow? |
| § 1000.395 - Do OMB circulars and revisions apply to self-governance funding agreements? |
| § 1000.396 - Does a Tribe/Consortium have additional ongoing requirements to maintain minimum standards for Tribe/Consortium management systems? |
| § 1000.397 - Are there any restrictions on how AFA funds may be spent? |
| § 1000.398 - May a Tribe/Consortium invest funds received under a self-governance agreement? |
| § 1000.399 - How may interest or investment income that accrues on AFAs be used? |
| § 1000.400 - Can a Tribe/Consortium retain savings from programs? |
| § 1000.401 - Can a Tribe/Consortium carry over funds not spent during the term of the AFA? |
| § 1000.402 - After a non-BIA AFA has been executed and the funds transferred to a Tribe/Consortium, can a bureau request the return of funds? |
| § 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 an AFA? |
| § 1000.404 - 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? |
| § 1000.405 - Are AFA funds non-Federal funds for the purpose of meeting matching requirements? |
| § 1000.406 - Does Indian preference apply to services, activities, programs, and functions performed under a self-governance AFA? |
| § 1000.407 - Do the wage and labor standards in the Davis-Bacon Act apply to Tribes and Tribal Consortia? |
| Prompt Payment Act |
| § 1000.409 - Does the Prompt Payment Act (31 U.S.C. 3901) apply to a non-BIA, non-Indian program AFA? |
| Supply Sources |
| § 1000.408 - Can a Tribe/Consortium use Federal supply sources in the performance of an AFA? |
| Subpart R - Appeals |
| § 1000.420 - What does “Title-I eligible programs” mean in this subpart? |
| § 1000.421 - What is the purpose of this subpart? |
| § 1000.422 - How must disputes be handled? |
| § 1000.423 - Are there any decisions that are not administratively appealable under this subpart? |
| § 1000.424 - Does a Tribe/Consortium have a right to an informal conference to resolve any disputes? |
| § 1000.425 - How does a Tribe/Consortium request an informal conference? |
| § 1000.426 - How is an informal conference held? |
| § 1000.427 - What happens after the informal conference? |
| § 1000.428 - How may a Tribe/Consortium appeal a decision made after the AFA or compact or amendment to an AFA or compact has been signed? |
| § 1000.429 - What statutes and regulations govern resolution of disputes concerning signed AFAs or compacts that are appealed to the CBCA? |
| § 1000.430 - Who handles appeals regarding reassumption for imminent jeopardy? |
| § 1000.431 - Does the Equal Access to Justice Act (EAJA) apply to appeals under this subpart? |
| § 1000.432 - To whom may a Tribe appeal a decision made before the AFA or an amendment to the AFA or compact is signed? |
| § 1000.433 - When and how must a Tribe/Consortium appeal an adverse pre-award decision? |
| § 1000.434 - When must the bureau head (or appropriate Assistant Secretary) issue a final decision in the pre-award appeal? |
| § 1000.435 - When and how will the Assistant Secretary respond to an appeal by a Tribe/Consortium? |
| § 1000.436 - How may a Tribe/Consortium seek reconsideration of the Secretary's decision involving a self-governance compact? |
| § 1000.437 - When will the Secretary respond to a request for reconsideration of a decision involving a self-governance compact? |
| § 1000.438 - May Tribes/Consortia appeal Department decisions to a Federal court? |
| Subpart S - Conflicts of Interest |
| § 1000.460 - What is an organizational conflict of interest? |
| § 1000.461 - What must a Tribe/Consortium do if an organizational conflict of interest arises under an AFA? |
| § 1000.462 - When must a Tribe/Consortium regulate its employees or subcontractors to avoid a personal conflict of interest? |
| § 1000.463 - What types of personal conflicts of interest involving tribal officers, employees or subcontractors would have to be regulated by a Tribe/Consortium? |
| § 1000.464 - What personal conflicts of interest must the standards of conduct regulate? |
| § 1000.465 - May a Tribe/Consortium negotiate AFA provisions on conflicts of interest to take the place of this subpart? |
| Appendix A to Part 1000 - Model Compact of Self-Governance Between the Tribe and the Department of the Interior |