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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of March 12, 2009
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
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| What is the purpose of this subpart? |
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| What is the ''applicant pool''? |
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| What is a ''nonsignatory Tribe''? |
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| Who is eligible to participate in Tribal self-governance? |
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| How many additional Tribes/Consortia may participate in self-governance per year? |
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| What criteria must a Tribe/Consortium satisfy to be eligible for admission to the ''applicant pool''? |
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| What documents must a Tribe/Consortium submit to OSG to apply for admission to the applicant pool? |
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| May a Consortium member Tribe withdraw from the Consortium and become a member of the applicant pool? |
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| What is done during the ''planning phase''? |
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| What is required in a planning report? |
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| When does a Tribe/Consortium have a ''material audit exception''? |
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| What are the consequences of having a material audit exception? |
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| How is a Tribe/Consortium admitted to the applicant pool? |
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| When does OSG accept applications to become a member of the applicant pool? |
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| What are the deadlines for a Tribe/Consortium in the applicant pool to negotiate a compact and annual funding agreement (AFA)? |
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| Under what circumstances will a Tribe/Consortium be removed from the applicant pool? |
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| How does the Director select which Tribes in the applicant pool become self-governance Tribes? |
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| What happens if an application is not complete? |
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| 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? |
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| 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)? |
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| 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)? |
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| What happens when a Tribe wishes to withdraw from a Consortium annual funding agreement? |
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| What amount of funding is to be removed from the Consortium's AFA for the withdrawing Tribe? |
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| What happens if there is a dispute between the Consortium and the withdrawing Tribe? |
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| 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? |
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Subpart C--SECTION 402(D) PLANNING AND NEGOTIATION GRANTS
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| What is the purpose of this subpart? |
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| What types of grants are available? |
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| Will grants always be made available to meet the planning phase requirement as described in section 402(d) of the Act? |
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| May a Tribe/Consortium use its own resources to meet its self-governance planning and negotiation expenses? |
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| What happens if there are insufficient funds to meet the Tribal requests for planning/negotiation grants in any given year? |
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| How many grants will the Department make each year and what funding will be available? |
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| Which Tribes/Consortia may be selected to receive a negotiation grant? |
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| What must a Tribe/Consortium do to receive a negotiation grant? |
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| What must a Tribe do if it does not wish to receive a negotiation grant? |
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| Who can apply for an advance planning grant? |
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| What must a Tribe/Consortium seeking a planning grant submit in order to meet the planning phase requirements? |
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| How will Tribes/Consortia know when and how to apply for planning grants? |
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| What criteria will the Director use to award advance planning grants? |
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| Can Tribes/Consortia that receive advance planning grants also apply for a negotiation grant? |
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| How will a Tribe/Consortium know whether or not it has been selected to receive an advance planning grant? |
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| Can a Tribe/Consortium appeal within DOI the Director's decision not to award a grant under this subpart? |
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Subpart D--OTHER FINANCIAL ASSISTANCE FOR PLANNING AND NEGOTIATION GRANTS FOR NON-BIA PROGRAMS
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| What is the purpose of this subpart? |
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| Are other funds available to self-governance Tribes/Consortia for planning and negotiating with non-BIA bureaus? |
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| Who can apply to OSG for grants to plan and negotiate non-BIA programs? |
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| Under what circumstances may planning and negotiation grants be awarded to Tribes/Consortia? |
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| How does the Tribe/Consortium know when and how to apply to OSG for a planning and negotiation grant? |
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| What kinds of activities do planning and negotiation grants support? |
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| What must be included in the application? |
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| How will the Director award planning and negotiation grants? |
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| May non-BIA bureaus provide technical assistance to a Tribe/Consortium in drafting its planning grant application? |
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| How can a Tribe/Consortium obtain comments or selection documents received or utilized after OSG has made a decision on a planning grant application? |
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| What criteria will the Director use to rank the applications and how many maximum points can be awarded for each criterion? |
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| Can an applicant appeal a decision not to award a grant? |
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| Will OSG notify Tribes/Consortia and affected non-BIA bureaus of the results of the selection process? |
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| Once a Tribe/Consortium has been awarded a grant, may the Tribe/Consortium obtain information from a non-BIA bureau? |
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Subpart E--ANNUAL FUNDING AGREEMENTS FOR BUREAU OF INDIAN AFFAIRS PROGRAMS
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| What is the purpose of this subpart? |
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| What is an annual funding agreement (AFA)? |
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| What types of provisions must be included in a BIA AFA? |
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| Can additional provisions be included in an AFA? |
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| Does a Tribe/Consortium have the right to include provisions of Title I of Pub. L. 93-638 in an AFA? |
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| Can a Tribe/Consortium negotiate an AFA with a term that exceeds one year? |
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| What types of programs may be included in an AFA? |
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| How does the AFA specify the services provided, functions performed, and responsibilities assumed by the Tribe/Consortium and those retained by the Secretary? |
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| Do Tribes/Consortia need Secretarial approval to redesign BIA programs that the Tribe/Consortium administers under an AFA? |
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| Can the terms and conditions in an AFA be amended during the year it is in effect? |
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| What happens if an AFA expires before the effective date of the successor AFA? |
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| What funds must be transferred to a Tribe/Consortium under an AFA? |
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| What funds may not be included in an AFA? |
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| 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? |
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| What are BIA residual funds? |
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| How is BIA's residual determined? |
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| May a Tribe/Consortium continue to negotiate an AFA pending an appeal of residual functions or amounts? |
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| How does BIA determine a Tribe's/Consortium's share of funds to be included in an AFA? |
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| Can a Tribe/Consortium negotiate a Tribal share for programs outside its region/agency? |
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| May a Tribe/Consortium obtain discretionary or competitive funding that is distributed on a discretionary or competitive basis? |
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| Are all funds identified as Tribal shares always paid to the Tribe/Consortium under an AFA? |
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| How are savings that result from downsizing allocated? |
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| Do Tribes/Consortia need Secretarial approval to reallocate funds between programs that the Tribe/Consortium administers under the AFA? |
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| Can funding amounts negotiated in an AFA be adjusted during the year it is in effect? |
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| What are self-governance base budgets? |
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| Once a Tribe/Consortium establishes a base budget, are funding amounts renegotiated each year? |
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| 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? |
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| How are self-governance base budgets established? |
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| How are self-governance base budgets adjusted? |
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Subpart F--NON-BIA ANNUAL SELF-GOVERNANCE COMPACTS AND FUNDING AGREEMENTS
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| What is the purpose of this subpart? |
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| What is an annual funding agreement for a non-BIA program? |
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| What non-BIA programs are eligible for inclusion in an annual funding agreement? |
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| 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? |
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| What programs are included under Section 403(b)(2) of the Act? |
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| What programs are included under Section 403(c)? |
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| What does ''special geographic, historical or cultural'' mean? |
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| Under Section 403(b)(2), when must programs be awarded non-competitively? |
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| Is there a contracting preference for programs of special geographic, historical, or cultural significance? |
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| Are there any programs that may not be included in an AFA? |
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| 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? |
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| Will Tribes/Consortia participate in the Secretary's determination of what is to be included on the annual list of available programs? |
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| How will the Secretary consult with Tribes/Consortia in developing the list of available programs? |
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| What else is on the list in addition to eligible programs? |
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| May a bureau negotiate with a Tribe/Consortium for programs not specifically included on the annual section 405(c) list? |
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| How will a bureau negotiate an annual funding agreement for a program of special geographic, historical, or cultural significance to more than one Tribe? |
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| When will this determination be made? |
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| What funds are included in an AFA? |
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| How are indirect cost rates determined? |
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| Will the established indirect cost rates always apply to new AFAs? |
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| How does the Secretary determine the amount of indirect contract support costs? |
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| Is there a predetermined cap or limit on indirect cost rates or a fixed formula for calculating indirect cost rates? |
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| 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? |
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| May the bureaus negotiate terms to be included in an AFA for non-Indian programs? |
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| Can a Tribe reallocate funds for a non-BIA non-Indian program? |
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| Do Tribes/Consortia need Secretarial approval to reallocate funds between Title-I eligible programs that the Tribe/Consortium administers under a non-BIA AFA? |
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| Can a Tribe/Consortium negotiate an AFA with a non-BIA bureau for which the performance period exceeds one year? |
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| Can the terms and conditions in a non-BIA AFA be amended during the year it is in effect? |
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| What happens if an AFA expires before the effective date of the successor AFA? |
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Subpart G--NEGOTIATION PROCESS FOR ANNUAL FUNDING AGREEMENTS
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| What is the purpose of this subpart? |
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| What is a self-governance compact? |
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| What is included in a self-governance compact? |
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| Can a Tribe/Consortium negotiate other terms and conditions not contained in the model compact? |
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| Can a Tribe/Consortium have an AFA without entering into a compact? |
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| Are provisions in compacts negotiated before January 16, 2001, effective after implementation? |
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| What are the phases of the negotiation process? |
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| Who may initiate the information phase? |
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| Is it mandatory to go through the information phase before initiating the negotiation phase? |
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| How does a Tribe/Consortium initiate the information phase? |
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| What is the letter of interest? |
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| When should a Tribe/Consortium submit a letter of interest? |
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| What steps does the bureau take after a letter of interest is submitted by a Tribe/Consortium? |
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| How does a newly selected Tribe/Consortium initiate the negotiation phase? |
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| How and when does the bureau respond to a request to negotiate? |
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| What is the process for conducting the negotiation phase? |
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| What issues must the bureau and the Tribe/Consortium address at negotiation meetings? |
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| What happens when the AFA is signed? |
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| When does the AFA become effective? |
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| What happens if the Tribe/Consortium and bureau negotiators fail to reach an agreement? |
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| How does the Tribe/Consortium initiate the negotiation of a successor AFA? |
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| What is the process for negotiating a successor AFA? |
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Subpart H--LIMITATION AND/OR REDUCTION OF BIA SERVICES, CONTRACTS, AND FUNDS
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| What is the purpose of this subpart? |
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| To whom does this subpart apply? |
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| What services, contracts, or funds are protected under section 406(a)? |
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| Who may raise the issue of limitation or reduction of services, contracts, or funding? |
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| When must BIA raise the issue of limitation or reduction of services, contracts, or funding? |
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| 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? |
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| 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? |
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| How will BIA resolve a claim? |
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| How must a limitation or reduction in services, contracts, or funds be remedied? |
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Subpart I--PUBLIC CONSULTATION PROCESS
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| When does a non-BIA bureau use a public consultation process related to the negotiation of an AFA? |
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| Will the bureau contact the Tribe/Consortium before initiating public consultation process for a non-BIA AFA under negotiation? |
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| What is the role of the Tribe/Consortium when a bureau initiates a public meeting? |
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| What should the bureau do if it is invited to attend a meeting with respect to the Tribe's/Consortium's proposed AFA? |
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| Will the bureau and the Tribe/Consortium share information concerning inquiries about the Tribes/Consortia and the AFA? |
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Subpart J--WAIVER OF REGULATIONS
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| What regulations apply to self-governance Tribes? |
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| Can the Secretary grant a waiver of regulations to a Tribe/Consortium? |
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| How does a Tribe/Consortium obtain a waiver? |
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| When can a Tribe/Consortium request a waiver of a regulation? |
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| How can a Tribe/Consortium expedite the review of a regulation waiver request? |
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| Are meetings or discussions mandatory? |
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| On what basis may the Secretary deny a waiver request? |
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| What happens if the Secretary denies the waiver request? |
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| What are examples of waivers prohibited by law? |
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| May a Tribe/Consortium propose a substitute for a regulation it wishes to be waived? |
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| How is a waiver approval documented for the record? |
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| How does a Tribe/Consortium request reconsideration of the Secretary's denial of a waiver? |
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| When must DOI respond to a request for reconsideration? |
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Subpart K--CONSTRUCTION
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| What construction programs included in an AFA are subject to this subpart? |
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| Does this subpart create an agency relationship? |
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| What provisions relating to a construction program may be included in an AFA? |
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| What special provisions must be included in an AFA that contains a construction program? |
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| May the Secretary suspend construction activities under an AFA? |
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| May a Tribe/Consortium continue work with construction funds remaining in an AFA at the end of the funding year? |
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| Must an AFA that contains a construction project or activity incorporate provisions of Federal construction standards? |
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| 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? |
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| What is the Tribe's/Consortium's role in a construction program included in an AFA? |
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| What is the Secretary's role in a construction program in an AFA? |
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| How are property and funding returned if there is a reassumption for substantial failure to carry out an AFA? |
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| 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? |
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| Do all provisions of other subparts apply to construction portions of AFAs? |
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| 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? |
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| May a Tribe/Consortium reallocate funds from a construction program to a non-construction program? |
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| May a Tribe/Consortium reallocate funds among construction programs? |
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| Must the Secretary retain project funds to ensure proper health and safety standards in construction projects? |
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Subpart L--FEDERAL TORT CLAIMS
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| What does this subpart cover? |
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| What other statutes and regulations apply to FTCA coverage? |
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| Do Tribes/Consortia need to be aware of areas which FTCA does not cover? |
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| Is there a deadline for filing FTCA claims? |
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| 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? |
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| Is it necessary for a self-governance AFA to include any clauses about FTCA coverage? |
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| Does FTCA apply to a self-governance AFA if FTCA is not referenced in the AFA? |
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| 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? |
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| Does this coverage extend to subcontractors of self-governance AFAs? |
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| 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? |
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| What employees are covered by FTCA for medical-related claims? |
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| 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? |
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| May persons who are not Indians or Alaska Natives assert claims under FTCA? |
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| 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? |
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Subpart M--REASSUMPTION
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| What is the purpose of this subpart? |
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| When may the Secretary reassume a Federal program operated by a Tribe/Consortium under an AFA? |
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| ''What is imminent jeopardy'' to a trust asset? |
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| What is imminent jeopardy to natural resources? |
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| What is imminent jeopardy to public health and safety? |
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| In an imminent jeopardy situation, what must the Secretary do? |
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| Must the Secretary always reassume a program, upon a finding of imminent jeopardy? |
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| What happens if the Secretary's designated representative determines that the Tribe/Consortium cannot mitigate the conditions within 60 days? |
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| What will the notice of reassumption include? |
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| How much time will a Tribe/Consortium have to respond to a notice of imminent jeopardy? |
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| What information must the Tribe's/Consortium's response contain? |
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| How will the Secretary reply to the Tribe's/Consortium's response? |
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| What happens if the Secretary accepts the Tribe's/Consortium's proposed measures? |
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| What happens if the Secretary does not accept the Tribe's/Consortium's proposed measures? |
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| What must a Tribe/Consortium do when a program is reassumed? |
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| When must the Tribe/Consortium return funds to the Department? |
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| May the Tribe/Consortium be reimbursed for actual and reasonable ''wind up costs'' incurred after the effective date of retrocession? |
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| Is a Tribe's/Consortium's general right to negotiate an AFA adversely affected by a reassumption action? |
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| When will the Secretary return management of a reassumed program? |
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Subpart N--RETROCESSION
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| What is the purpose of this subpart? |
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| Is a decision by a Tribe/Consortium not to include a program in a successor agreement considered a retrocession? |
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| Who may retrocede a program in an AFA? |
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| How does a Tribe/Consortium retrocede a program? |
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| When will the retrocession become effective? |
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| How will retrocession affect the Tribe's/Consortium's existing and future AFAs? |
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| Does the Tribe/Consortium have to return funds used in the operation of a retroceded program? |
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| Does the Tribe/Consortium have to return property used in the operation of a retroceded program? |
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| 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? |
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| How does retrocession affect a bureau's operation of the retroceded program? |
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Subpart O--TRUST EVALUATION REVIEW
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| What is the purpose of this subpart? |
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| Does the Tribal Self-Governance Act of 1994 alter the trust responsibility of the United States to Indian Tribes and individuals under self-governance? |
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| What are ''trust resources'' for the purposes of the trust evaluation process? |
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| What are ''trust functions'' for the purposes of the trust evaluation process? |
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| What is a trust evaluation? |
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| How are trust evaluations conducted? |
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| May the trust evaluation process be used for additional reviews? |
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| May the parties negotiate standards of review for purposes of the trust evaluation? |
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| Can an initial review of the status of the trust asset be conducted? |
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| What are the responsibilities of the Secretary's designated representative(s) after the annual trust evaluation? |
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| Is the trust evaluation standard or process different when the trust asset is held in trust for an individual Indian or Indian allottee? |
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| Will the annual review include a review of the Secretary's residual trust functions? |
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| What are the consequences of a finding of imminent jeopardy in the annual trust evaluation? |
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| What if the trust evaluation reveals problems that do not rise to the level of imminent jeopardy? |
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| Who is responsible for corrective action? |
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| What are the requirements of the review team report? |
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| Can the Department conduct more than one trust evaluation per Tribe per year? |
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| Will the Department evaluate a Tribe's/Consortium's performance of non-trust related programs? |
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Subpart P--REPORTS
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| What is the purpose of this subpart? |
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| How is information about self-governance developed and reported? |
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| What may the Tribe's/Consortium's annual report on self-governance address? |
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Subpart Q--MISCELLANEOUS PROVISIONS
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| How can a Tribe/Consortium hire a Federal employee to help implement an AFA? |
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| Can a Tribe/Consortium employee be detailed to a Federal service position? |
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| How does the Freedom of Information Act apply? |
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| How does the Privacy Act apply? |
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| What audit requirements must a self-governance Tribe/Consortium follow? |
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| Do OMB circulars and revisions apply to self-governance funding agreements? |
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| Does a Tribe/Consortium have additional ongoing requirements to maintain minimum standards for Tribe/Consortium management systems? |
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| Are there any restrictions on how AFA funds may be spent? |
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| May a Tribe/Consortium invest funds received under a self-governance agreement? |
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| How may interest or investment income that accrues on AFAs be used? |
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| Can a Tribe/Consortium retain savings from programs? |
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| Can a Tribe/Consortium carry over funds not spent during the term of the AFA? |
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| After a non-BIA AFA has been executed and the funds transferred to a Tribe/Consortium, can a bureau request the return of funds? |
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| 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? |
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| 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? |
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| Are AFA funds non-Federal funds for the purpose of meeting matching requirements? |
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| Does Indian preference apply to services, activities, programs, and functions performed under a self-governance AFA? |
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| Do the wage and labor standards in the Davis-Bacon Act apply to Tribes and Tribal Consortia? |
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| Can a Tribe/Consortium use Federal supply sources in the performance of an AFA? |
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| Does the Prompt Payment Act (31 U.S.C. 3901) apply to a non-BIA, non-Indian program AFA? |
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Subpart R--APPEALS
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| What does ''Title-I eligible programs'' mean in this subpart? |
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| What is the purpose of this subpart? |
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| How must disputes be handled? |
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| Are there any decisions that are not administratively appealable under this subpart? |
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| Does a Tribe/Consortium have a right to an informal conference to resolve any disputes? |
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| How does a Tribe/Consortium request an informal conference? |
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| How is an informal conference held? |
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| What happens after the informal conference? |
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| How may a Tribe/Consortium appeal a decision made after the AFA or compact or amendment to an AFA or compact has been signed? |
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| What statutes and regulations govern resolution of disputes concerning signed AFAs or compacts that are appealed to IBCA? |
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| To whom are appeals directed regarding reassumption for imminent jeopardy? |
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| Does the Equal Access to Justice Act (EAJA) apply to appeals under this subpart? |
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| To whom may a Tribe appeal a decision made before the AFA or an amendment to the AFA or compact is signed? |
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| When and how must a Tribe/Consortium appeal an adverse pre-award decision? |
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| When must the bureau head (or appropriate Assistant Secretary) issue a final decision in the pre-award appeal? |
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| When and how will the Assistant Secretary respond to an appeal by a Tribe/Consortium? |
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| How may a Tribe/Consortium seek reconsideration of the Secretary's decision involving a self-governance compact? |
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| When will the Secretary respond to a request for reconsideration of a decision involving a self-governance compact? |
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| May Tribes/Consortia appeal Department decisions to a Federal court? |
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Subpart S--CONFLICTS OF INTEREST
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| What is an organizational conflict of interest? |
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| What must a Tribe/Consortium do if an organizational conflict of interest arises under an AFA? |
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| When must a Tribe/Consortium regulate its employees or subcontractors to avoid a personal conflict of interest? |
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| What types of personal conflicts of interest involving tribal officers, employees or subcontractors would have to be regulated by a Tribe/Consortium? |
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| What personal conflicts of interest must the standards of conduct regulate? |
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| May a Tribe/Consortium negotiate AFA provisions on conflicts of interest to take the place of this subpart? |
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