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Code of Federal Regulations (Last Updated: November 8, 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 |
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Subpart L - Federal Tort Claims |
§ 1000.275 - Is it necessary for a self-governance AFA to include any clauses about FTCA coverage?
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§ 1000.275 Is it necessary for a self-governance AFA to include any clauses about FTCA coverage?
No, clauses about FTCA coverage are optional. At the request of Tribes/Consortia, self-governance AFA's shall include the following clause to clarify the scope of FTCA coverage:
For purposes of Federal Tort Claims Act coverage, the Tribe/Consortium and its employees (including individuals performing personal services contracts with the tribe/consortium) are deemed to be employees of the Federal government while performing work under this AFA. This status is not changed by the source of the funds used by the Tribe/Consortium to pay the employee's salary and benefits unless the employee receives additional compensation for performing covered services from anyone other than the Tribe/Consortium.