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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 49 - Transportation |
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Subtitle A - Office of the Secretary of Transportation |
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Part 29 - Tribal Transportation Self-Governance Program |
| § 29.25 - How is this part organized? |
| § 29.50 - How is this part written? |
| § 29.75 - Do terms in this part have special meanings? |
| 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? |
| § 29.110 - What is the purpose of the nonprocurement debarment and suspension system? |
| § 29.115 - How does an exclusion restrict a person's involvement in covered transactions? |
| § 29.120 - May we grant an exception to let an excluded person participate in a covered transaction? |
| § 29.125 - Does an exclusion under the nonprocurement system affect a person's eligibility for Federal procurement contracts? |
| § 29.130 - Does exclusion under the Federal procurement system affect a person's eligibility to participate in nonprocurement transactions? |
| § 29.135 - May the Department of Transportation exclude a person who is not currently participating in a nonprocurement transaction? |
| § 29.140 - How do I know if a person is excluded? |
| § 29.145 - Does this part address persons who are disqualified, as well as those who are excluded from nonprocurement transactions? |
| Subpart B - Eligibility and Negotiation Process |
| § 29.215 - Which nonprocurement transactions are not covered transactions? |
| § 29.220 - Are any procurement contracts included as covered transactions? |
| § 29.225 - How do I know if a transaction in which I may participate is a covered transaction? |
| 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? |
| Eligibility |
| § 29.100 - What are the criteria for eligibility to participate in the Program? |
| 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? |
| § 29.312 - Notice of proposed debarment. |
| § 29.313 - Opportunity to contest proposed debarment. |
| § 29.314 - Debarring official's decision. |
| 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? |
| Disclosing Information—Primary Tier Participants |
| § 29.335 - What information must I provide before entering into a covered transaction with the Department of Transportation? |
| § 29.340 - If I disclose unfavorable information required under 29.335, will I be prevented from participating in the transaction? |
| § 29.345 - What happens if I fail to disclose information required under 29.335? |
| § 29.350 - What must I do if I learn of information required under 29.335 after entering into a covered transaction with the Department of Transportation? |
| Disclosing Information—Lower Tier Participants |
| § 29.355 - What information must I provide to a higher tier participant before entering into a covered transaction with that participant? |
| § 29.360 - What happens if I fail to disclose the information required under 29.355? |
| § 29.365 - What must I do if I learn of information required under 29.355 after entering into a covered transaction with a higher tier participant? |
| Doing Business With Other Persons |
| § 29.315 - May I use the services of an excluded person as a principal under a covered transaction? |
| § 29.320 - Must I verify that principals of my covered transactions are eligible to participate? |
| § 29.325 - What happens if I do business with an excluded person in a covered transaction? |
| § 29.330 - What requirements must I pass down to persons at lower tiers with whom I intend to do business? |
| Subpart D - Contents of Compacts and Funding Agreements |
| § 29.425 - When do I check to see if a person is excluded or disqualified? |
| § 29.430 - How do I check to see if a person is excluded or disqualified? |
| § 29.435 - What must I require of a primary tier participant? |
| § 29.440 - What method do I use to communicate those requirements to participants? |
| § 29.445 - What action may I take if a primary tier participant knowingly does business with an excluded or disqualified person? |
| § 29.450 - What action may I take if a primary tier participant fails to disclose the information required under 29.335? |
| § 29.455 - What may I do if a lower tier participant fails to disclose the information required under 29.355 to the next higher tier? |
| 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? |
| § 29.418 - 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 |
| § 29.605 - How does suspension differ from debarment? |
| § 29.610 - What procedures does the Department of Transportation use in suspension and debarment actions? |
| § 29.615 - How does the Department of Transportation notify a person of a suspension or debarment action? |
| § 29.620 - Do Federal agencies coordinate suspension and debarment actions? |
| § 29.625 - What is the scope of a suspension or debarment? |
| § 29.630 - May the Department of Transportation impute conduct of one person to another? |
| § 29.635 - May the Department of Transportation settle a debarment or suspension action? |
| § 29.640 - May a settlement include a voluntary exclusion? |
| § 29.645 - Do other Federal agencies know if the Department of Transportation agrees to a voluntary exclusion? |
| Environmental and Cultural Resource Compliance |
| § 29.527 - What compliance with environmental and cultural resource statutes is required? |
| 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? |
| 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? |
| 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? |
| 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? |
| 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? |
| Reporting |
| § 29.518 - What reporting must a Tribe provide? |
| 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? |
| Prevailing Wages |
| § 29.524 - Do the wage and labor standards in the Davis-Bacon Act apply to employees of a Tribe? |
| Waiver of Program Regulations |
| § 29.534 - What is the process for regulation waivers under this part? |
| Technical Assistance |
| § 29.523 - What technical assistance is available to a Tribe from the Department? |
| Standards for Tribal Management Systems |
| § 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? |
| Appendix A to Part 29 - Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions |
| Appendix B to Part 29 - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions |
| Appendix C to Part 29 - Certification Regarding Drug-Free Workplace Requirements |
| Subpart G - Withdrawal |
| § 29.600 - May a Tribe withdraw from a consortium? |
| § 29.601 - When does a withdrawal from a consortium become effective? |
| § 29.710 - When does a suspension take effect? |
| § 29.715 - What notice does the suspending official give me if I am suspended? |
| § 29.720 - How may I contest a suspension? |
| § 29.725 - How much time do I have to contest a suspension? |
| § 29.730 - What information must I provide to the suspending official if I contest a suspension? |
| § 29.735 - Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based? |
| § 29.740 - Are suspension proceedings formal? |
| § 29.745 - How is fact-finding conducted? |
| § 29.750 - What does the suspending official consider in deciding whether to continue or terminate my suspension? |
| § 29.755 - When will I know whether the suspension is continued or terminated? |
| § 29.760 - How long may my suspension last? |
| 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? |
| § 29.810 - When does a debarment take effect? |
| § 29.815 - How may I contest a proposed debarment? |
| § 29.820 - How much time do I have to contest a proposed debarment? |
| § 29.825 - What information must I provide to the debarring official if I contest a proposed debarment? |
| § 29.830 - Under what conditions do I get an additional opportunity to challenge the facts on which a proposed debarment is based? |
| § 29.835 - Are debarment proceedings formal? |
| § 29.840 - How is fact-finding conducted? |
| § 29.845 - What does the debarring official consider in deciding whether to debar me? |
| § 29.850 - What is the standard of proof in a debarment action? |
| § 29.855 - Who has the burden of proof in a debarment action? |
| § 29.860 - What factors may influence the debarring official's decision? |
| § 29.865 - How long may my debarment last? |
| § 29.870 - When do I know if the debarring official debars me? |
| § 29.875 - May I ask the debarring official to reconsider a decision to debar me? |
| § 29.880 - What factors may influence the debarring official during reconsideration? |
| § 29.885 - May the debarring official extend a debarment? |
| 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? |
| § 29.935 - Debarring official. |
| § 29.940 - Disqualified. |
| § 29.945 - Excluded or exclusion. |
| § 29.950 - Excluded Parties List System |
| § 29.955 - Indictment. |
| § 29.960 - Ineligible or ineligibility. |
| § 29.965 - Legal proceedings. |
| § 29.970 - Nonprocurement transaction. |
| § 29.975 - Notice. |
| § 29.980 - Participant. |
| § 29.985 - Person. |
| § 29.990 - Preponderance of the evidence. |
| § 29.995 - Principal. |
| § 29.1000 - Respondent. |
| § 29.1005 - State. |
| § 29.1010 - Suspending official. |
| § 29.1015 - Suspension. |
| § 29.1020 - Voluntary exclusion or voluntarily excluded. |
| 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? |
| 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? |
| 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? |
| 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? |
| Appendix to Part 29 - Covered Transactions |