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FEDERAL · 25 CFR

Part 1000 — Annual Funding Agreements Under the Tribal Self-Government Act Amendments to the Indian Self-Determination and Education Act

365 sections · Title 25: Indians

§ 1000.1What is the authority of this part?
§ 1000.5What key terms do I need to know?
§ 1000.10What is the purpose and scope of this part?
§ 1000.15What is the congressional policy statement of this part?
§ 1000.20What is the Secretarial policy of this part?
§ 1000.25What is the effect on existing Tribal rights?
§ 1000.30What is the effect of these regulations on Federal program guidelines, manual, or policy directives?
§ 1000.35What happens if a court holds any provisions of these regulations in this part invalid?
§ 1000.101What is the purpose of this subpart?
§ 1000.105What is a “signatory”?
§ 1000.110What is a “nonsignatory Tribe”?
§ 1000.115Who may participate in Tribal self-governance?
§ 1000.120How many additional Tribes/Consortia may participate in self-governance per year?
§ 1000.125What must a Tribe/Consortium submit to be selected to participate in Self-Governance?
§ 1000.130What additional information may be submitted to the Secretary to facilitate negotiations?
§ 1000.135May a Consortium member Tribe withdraw from the Consortium and be selected to participate in Self-Governance?
§ 1000.140What is required during the “planning phase”?
§ 1000.145When does a Tribe/Consortium have an uncorrected “significant and material audit exception”?
§ 1000.150What are the consequences of having an uncorrected significant and material audit exception?
§ 1000.155Is the Secretary required to provide technical assistance to improve a Tribe's/Consortium's internal controls?
§ 1000.160How is a Tribe/Consortium selected to participate in Self-Governance?
§ 1000.165When does OSG accept requests to participate in Self-Governance?
§ 1000.170Are there any time frames to negotiate an initial compact or funding agreement for a Tribe not presently participating in self-governance?
§ 1000.175How does a Tribe/Consortium withdraw its request to participate in Self-Governance?
§ 1000.180What if more than 50 Tribes/Consortium apply to participate in Self-Governance?
§ 1000.185What happens if a request is not complete?
§ 1000.190What happens if a Tribe/Consortium is selected to participate but does not execute a compact and a funding agreement?
§ 1000.195May a Tribe/Consortium be selected to negotiate a funding agreement under section 403(b)(2) of the Act without having or negotiating a funding agreement under 25 U.S.C. 5363(b)(1)?
§ 1000.200May a Tribe/Consortium be selected to negotiate a funding agreement under section 403(c) (25 U.S.C. 5363(c)) without negotiating a funding agreement under 25 U.S.C. 5363(b)(1) and/or section 403(b)(2) (25 U.S.C. 5363(b)(2))?
§ 1000.205What happens when a Tribe wishes to withdraw from a Consortium funding agreement?
§ 1000.210How are funds redistributed when a withdrawing Tribe fully or partially withdraws from a compact and funding agreement and enters a new contract or compact?
§ 1000.215If the withdrawing Tribe elects to operate a program carried out under a compact and funding agreement under title IV through a contract under title I, is the resulting contract considered a mature contract under 25 U.S.C. 5304(h)?
§ 1000.220How are funds distributed when a withdrawing Tribe fully or partially withdraws from a Consortium's compact and funding agreement and the withdrawing Tribe does not enter a new contract or compact?
§ 1000.225What amount of funding is to be removed from the Consortium's funding agreement for the withdrawing Tribe?
§ 1000.230What happens if there is a dispute between the Consortium and the withdrawing Tribe?
§ 1000.235When 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?
§ 1000.301What is the purpose of this subpart?
§ 1000.305Are there grants available to assist Tribes/Consortia to meet the requirements to participate in self-governance?
§ 1000.310What is required to request planning and negotiation grants?
§ 1000.315Are planning and negotiation grants available?
§ 1000.320Must a Tribe/Consortium receive a planning or negotiation grant to be eligible to participate in self-governance?
§ 1000.325What happens if there are insufficient funds to award all of the requests for planning and negotiation grants in any given year?
§ 1000.330May a Tribe/Consortium that has received a planning grant also receive a negotiation grant?
§ 1000.335What are the Secretary's responsibilities upon a decision not to award a planning or negotiation grant?
§ 1000.340May a Tribe/Consortium administratively appeal the Secretary's decision to not award a grant under this subpart?
§ 1000.401What is the purpose of this subpart?
§ 1000.405What funds are available to Tribes/Consortium for planning and negotiating activities with non-BIA bureaus?
§ 1000.410What kinds of planning and negotiation activities for non-BIA programs does financial assistance from non-BIA bureaus support?
§ 1000.415Who can apply to a non-BIA bureau for financial assistance to plan and negotiate non-BIA programs?
§ 1000.420Under what circumstances may financial assistance for planning and negotiation activities with non-BIA bureaus be awarded to Tribes/Consortia?
§ 1000.425How does the Tribe/Consortium know when and how to apply for financial assistance for planning and negotiation activities for a non-BIA program?
§ 1000.430What must be included in the application for financial assistance for planning and negotiation activities for a non-BIA program?
§ 1000.435How will the non-BIA bureau director/commissioner award financial assistance for planning and negotiation activities for a non-BIA program?
§ 1000.440May non-BIA bureaus provide technical assistance to a Tribe/Consortium in drafting its application?
§ 1000.445What are the non-BIA bureau director's/commissioner's responsibilities upon a decision to decline financial assistance?
§ 1000.450Can an applicant administratively appeal a decision not to award financial assistance?
§ 1000.455May a Tribe/Consortium reapply through a future planning and negotiation application if it has been previously denied?
§ 1000.460Will the non-BIA bureau notify Tribes/Consortium of the results of the selection process?
§ 1000.501What is a self-governance compact?
§ 1000.505Which DOI office negotiates self-governance compacts?
§ 1000.510What is included in a self-governance compact?
§ 1000.515What provisions must be included in either a compact or funding agreement?
§ 1000.520Is a compact required to participate in self-governance?
§ 1000.525Can a Tribe/Consortium negotiate other terms and conditions?
§ 1000.530What is the duration of a compact?
§ 1000.535May a compact be amended?
§ 1000.540Can a Tribe/Consortium have a funding agreement without having negotiated a compact?
§ 1000.545May a participating Tribe/Consortium retain its existing compact which was executed prior to the enactment of Public Law 116-180?
§ 1000.550What happens if the Tribe/Consortium and Secretary fail to reach an agreement on a compact?
§ 1000.601What is the purpose of this subpart?
§ 1000.605What is a funding agreement?
§ 1000.610What must be included in a funding agreement?
§ 1000.615Can additional provisions be included in a funding agreement?
§ 1000.620Does a Tribe/Consortium have the right to include provisions of title I of Public Law 93-638 in a funding agreement?
§ 1000.625What is the term of a funding agreement?
§ 1000.630Can a Tribe/Consortium negotiate a funding agreement with a term that exceeds one year?
§ 1000.635Does a funding agreement remain in effect after the end of its term?
§ 1000.640May a participating Tribe/Consortium retain its existing funding agreement which was executed prior to the enactment of Public Law 116-180?
§ 1000.645What PSFAs may be included in a funding agreement?
§ 1000.650How does the funding agreement specify the services provided, functions performed, and responsibilities assumed by the Tribe/Consortium and those retained by the Secretary?
§ 1000.655May a Tribe/Consortium redesign or consolidate the programs that are included in a funding agreement and reallocate funds for such programs?
§ 1000.660Do Tribes/Consortium need Secretarial approval to redesign BIA programs that the Tribe/Consortium administers under a funding agreement?
§ 1000.665Can the terms and conditions in a funding agreement be amended during the year it is in effect?
§ 1000.670What funds must be transferred to a Tribe/Consortium under a funding agreement?
§ 1000.675What funds may not be included in a funding agreement?
§ 1000.680May the Secretary place any requirements on programs and funds that are otherwise available to Tribes/Consortium or Indians for which appropriations are made to agencies other than DOI?
§ 1000.685What funds are used to carry out inherent Federal functions?
§ 1000.690How does BIA determine the funding amount to carry out inherent Federal functions?
§ 1000.695Is the amount of funds withheld by the Secretary to cover the cost of inherent Federal functions subject to negotiation?
§ 1000.700May a Tribe/Consortium continue to negotiate a funding agreement pending an appeal of funding amounts associated with inherent Federal functions?
§ 1000.705What is a Tribal share?
§ 1000.710How does BIA determine a Tribe's/Consortium's share of funds to be included in a funding agreement?
§ 1000.715Can a Tribe/Consortium negotiate a Tribal share for programs outside its region/agency?
§ 1000.720May a Tribe/Consortium obtain discretionary or competitive funding that is distributed on a discretionary or competitive basis?
§ 1000.725Are all funds identified as Tribal shares always paid to the Tribe/Consortium under a funding agreement?
§ 1000.730How are savings that result from downsizing allocated?
§ 1000.735Do Tribes/Consortium need Secretarial approval to reallocate funds between programs that the Tribe/Consortium administers under the funding agreement?
§ 1000.740Can funding amounts negotiated in a funding agreement be adjusted during the year it is in effect?
§ 1000.745What are self-governance stable base budgets?
§ 1000.750Once a Tribe/Consortium establishes a stable base budget, are funding amounts renegotiated each year?
§ 1000.755How are self-governance stable base budgets established?
§ 1000.760How are self-governance stable base budgets adjusted?
§ 1000.801What is the purpose of this subpart?
§ 1000.805What is a funding agreement for a non-BIA program?
§ 1000.810What non-BIA programs are eligible for inclusion in a funding agreement?
§ 1000.815Are there non-BIA programs for which the Secretary must negotiate for inclusion in a funding agreement subject to such terms as the parties may negotiate?
§ 1000.820What programs are included under section 403(b)(2) (25 U.S.C. 5363(b)(2))?
§ 1000.825What programs are included under section 403(c) (25 U.S.C. 5363(c))?
§ 1000.830What does “special geographic, historical or cultural” mean?
§ 1000.835Under section 403(b)(2) (25 U.S.C. 5363(b)(2)), when must programs be awarded non-competitively?
§ 1000.840May a non-BIA bureau include in a funding agreement, on a non-competitive basis, programs of special geographic, historical, or cultural significance?
§ 1000.845Are there any non-BIA programs that may not be included in a funding agreement?
§ 1000.850Does 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 funding agreement?
§ 1000.855Will Tribes/Consortia participate in the Secretary's determination of what is to be included on the annual list of available programs?
§ 1000.860How will the Secretary consult with Tribes/Consortia in developing the list of available programs?
§ 1000.865What else is on the list in addition to eligible programs?
§ 1000.870May a bureau negotiate with a Tribe/Consortium for programs not specifically included on the annual list pursuant to 25 U.S.C. 5372(c)?
§ 1000.875How will a bureau negotiate a funding agreement for a program of special geographic, historical, or cultural significance to more than one Tribe/Consortium?
§ 1000.880When will this determination be made?
§ 1000.885What funds are included in a non-BIA funding agreement?
§ 1000.890How are indirect cost rates determined?
§ 1000.895How does the Secretary determine the amount of indirect costs for a non-BIA funding agreement?
§ 1000.900May the bureaus negotiate terms to be included in a funding agreement for non-BIA programs?
§ 1000.905Can a Tribe/Consortium reallocate, consolidate, and redesign funds for a non-BIA program?
§ 1000.910Do Tribes/Consortia need Secretarial approval to reallocate funds between title I eligible programs that the Tribe/Consortium administers under a non-BIA funding agreement?
§ 1000.915Can a Tribe/Consortium negotiate a funding agreement with a non-BIA bureau for which the performance period exceeds one year?
§ 1000.920Can the terms and conditions in a non-BIA funding agreement be amended during the year it is in effect?
§ 1000.925What happens if a funding agreement expires before the effective date of the successor Funding Agreement?
§ 1000.1001What is the purpose of this subpart?
§ 1000.1005What are the phases of the negotiation process?
§ 1000.1010Who may initiate the information phase?
§ 1000.1015Is it mandatory to go through the information phase before initiating the negotiation phase?
§ 1000.1020How does a Tribe/Consortium initiate the information phase?
§ 1000.1025What information is a Tribe/Consortium encouraged to include in a Request to Initiate the Information Phase?
§ 1000.1030When should a Tribe/Consortium submit a Request to Initiate the Information Phase to the Secretary?
§ 1000.1035What steps does the bureau take after a Request to Initiate the Information Phase is submitted by a Tribe/Consortium?
§ 1000.1040How does a Tribe/Consortium initiate the negotiation phase?
§ 1000.1045How and when does the Secretary respond to a request to negotiate a compact or BIA funding agreement?
§ 1000.1050How and when does the Secretary respond to a request to negotiate a non-BIA funding agreement?
§ 1000.1055What is the process for conducting the negotiation phase?
§ 1000.1060What issues must the bureau and the Tribe/Consortium address at negotiation meetings?
§ 1000.1065What happens when a compact or funding agreement is signed?
§ 1000.1070What happens if the Tribe/Consortium and bureau negotiators fail to reach an agreement on a compact or funding agreement?
§ 1000.1075When does the funding agreement become effective?
§ 1000.1080What is a subsequent funding agreement?
§ 1000.1085How is the negotiation of a subsequent funding agreement initiated?
§ 1000.1090What is the process for negotiating a subsequent funding agreement?
§ 1000.1101What is the purpose of this subpart?
§ 1000.1105When should a final offer be submitted?
§ 1000.1110How does a Tribe/Consortium submit a final offer?
§ 1000.1115What does a final offer contain?
§ 1000.1120When does the 60-day review period begin?
§ 1000.1125How does the Department acknowledge receipt of final offer?
§ 1000.1130May the Secretary request and obtain an extension of time of the 60-day review period?
§ 1000.1135What happens if the Secretary takes no action within the 60-day period (or any extensions thereof)?
§ 1000.1140Once the Tribe/Consortium's final offer has been accepted or accepted by operation of law, what is the next step?
§ 1000.1145On what basis may the Secretary reject a final offer?
§ 1000.1150How does the Secretary reject a final offer?
§ 1000.1155What is the “significant danger” or “risk” to the public health or safety, to natural resources, or to trust resources?
§ 1000.1160Is technical assistance available to a Tribe/Consortium to overcome the objections stated in the Secretary's rejection of a final offer?
§ 1000.1165If the Secretary rejects all or part of a final offer, is the Tribe/Consortium entitled to an appeal?
§ 1000.1170Do those portions of the compact, funding agreement, or amendment not in dispute go into effect?
§ 1000.1175Does appealing the final offer decision prevent the Secretary and the Tribe/Consortium from entering into any accepted compact, funding agreement or amendment provisions that are not in dispute?
§ 1000.1180What is the burden of proof in an appeal of a rejection of a final offer?
§ 1000.1201What regulations apply to Tribes/Consortia?
§ 1000.1205Can the Secretary grant a waiver of regulations to a Tribe/Consortium?
§ 1000.1210When can a Tribe/Consortium request a waiver of a regulation?
§ 1000.1215How does a Tribe/Consortium obtain a waiver?
§ 1000.1220How does a Tribe/Consortium operating a Public Law 102-477 Plan obtain a waiver?
§ 1000.1225May a Tribe/Consortium request an optional meeting or other informal discussion to discuss a waiver request?
§ 1000.1230Is a bureau required to provide technical assistance to a Tribe/Consortium concerning waivers?
§ 1000.1235How does the Secretary respond to a waiver request?
§ 1000.1240When must the Secretary make a decision on a waiver request?
§ 1000.1245How does the Secretary make a decision on the waiver request?
§ 1000.1250What happens if the Secretary neither approves nor denies a waiver request within the time specified in § 1000.1240?
§ 1000.1255May a Tribe/Consortium appeal the Secretary's decision to deny its request for a waiver of a regulation?
§ 1000.1260What is the term of a waiver?
§ 1000.1265May a Tribe/Consortium withdraw a waiver request?
§ 1000.1270May a Tribe/Consortium have more than one waiver request pending before the Secretary at the same time?
§ 1000.1275May a Tribe/Consortium continue to negotiate a funding agreement pending final decision on a waiver request?
§ 1000.1280How is a waiver decision documented for the record?
§ 1000.1301What key construction terms do I need to know?
§ 1000.1305What construction projects and programs included in a funding agreement or construction project agreement are subject to this subpart?
§ 1000.1306May a program or project-specific grant or contracting mechanism involving construction and related activities satisfy the requirements of this subpart?
§ 1000.1307May the Secretary accept funds from another Department for a program or project involving construction and related activities for transfer to the Tribe/Consortium under its funding agreement or construction project agreement?
§ 1000.1310What alternatives are available for a Tribe/Consortium to perform a construction program or project?
§ 1000.1315Does this subpart create an agency relationship?
§ 1000.1320Is the Secretary required to consult with affected Tribes/Consortia concerning construction projects and programs?
§ 1000.1325When does the Secretary confer with a Tribe/Consortium concerning Tribal preferences as to size, location, type, and other characteristics of a project?
§ 1000.1330What does a Tribe/Consortium do if it wants to perform a construction project or program under 25 U.S.C. 5367?
§ 1000.1335What must a Tribal proposal for a construction program or project contain?
§ 1000.1340May multiple projects be included in a single construction project agreement or funding agreement that includes a construction project?
§ 1000.1345Must a construction project proposal incorporate provisions of Federal construction guidelines and manuals?
§ 1000.1350What provisions relating to a construction project or program may be included in a funding agreement or construction project agreement?
§ 1000.1355What provisions must a Tribe/Consortium include in a construction project agreement or funding agreement that contains a construction project or program?
§ 1000.1360What codes, standards and architects and engineers must a Tribe/Consortium use when performing a construction project under this part?
§ 1000.1365Are Tribes/Consortia required to carry out activities involving NEPA in order to enter into a construction project agreement?
§ 1000.1370How may a Tribe/Consortium elect to assume some Federal responsibilities under NEPA?
§ 1000.1375How may a Tribe/Consortium carry out activities involving NEPA without assuming some Federal responsibilities?
§ 1000.1379Are Tribes/Consortia required to adopt a separate resolution or take equivalent Tribal action to assume some environmental responsibilities of the Secretary under NEPA, NHPA, and related laws and regulations for each construction project?
§ 1000.1380What additional provisions of law are related to NEPA and NHPA?
§ 1000.1385What is the typical environmental review process for construction projects?
§ 1000.1390Is the Secretary required to take into account the Indigenous Knowledge of Tribes/Consortia when preparing environmental studies under NEPA, NHPA, and related provisions of other law and regulations?
§ 1000.1395May a Tribe/Consortium act as a cooperating agency or joint lead agency for environmental review purposes regardless of whether it exercises its option under § 1000.1370(a)(1)?
§ 1000.1400How does a Tribe/Consortium comply with NEPA and NHPA?
§ 1000.1405If a Tribe/Consortium adopts the environmental review procedures of a Federal agency, is the Tribe/Consortium responsible for ensuring the agency's policies and procedures meet the requirements of NEPA, NHPA, and related environmental laws?
§ 1000.1410Are Federal funds available to cover the cost of Tribes/Consortia carrying out environmental responsibilities?
§ 1000.1415How are project and program environmental review costs identified?
§ 1000.1420What costs may be included in the budget for a construction project or program?
§ 1000.1425May the Secretary reject a Tribe's/Consortium's final offer of a construction project proposal submitted under subpart I of this part based on a determination of Tribal capacity or capability?
§ 1000.1430On what basis may the Secretary reject a final offer of a construction project proposal made by a Tribe/Consortium?
§ 1000.1435What is the Secretary's role in a construction project performed under this subpart?
§ 1000.1440What constitutes a “significant change” in the original scope of work?
§ 1000.1445May the Secretary suspend construction activities under the terms of a funding agreement or construction project agreement under title IV of the ISDEAA?
§ 1000.1450How are property and funding returned if there is a reassumption for substantial failure to carry out a construction project?
§ 1000.1455What happens when a Tribe/Consortium, suspended under § 1000.1445 for substantial failure to carry out the terms of a funding agreement that includes a construction project or program or a construction project agreement under title IV of the ISDEAA without good cause, does not correct the failure during the suspension?
§ 1000.1460How does the Secretary make advance payments to a Tribe/Consortium under a funding agreement or construction project agreement?
§ 1000.1465Is a facility built under this subpart eligible for annual operation and maintenance funding?
§ 1000.1470What is the Tribe's/Consortium's role in a construction project included in a funding agreement or construction project agreement under this subpart?
§ 1000.1475Is a Tribe/Consortium required to submit construction project progress and financial reports for construction projects?
§ 1000.1480May a Tribe/Consortium continue work with construction funds remaining in a funding agreement or construction project agreement at the end of the funding year?
§ 1000.1485Must a construction project agreement or funding agreement that contains a construction project or activity incorporate provisions of Federal construction standards?
§ 1000.1490May the Secretary require design provisions and other terms and conditions for construction projects or programs included in a funding agreement or construction project agreement under section 403(c) (25 U.S.C. 5363(c))?
§ 1000.1495Do all provisions of other subparts apply to construction portions of a funding agreement or construction project agreement?
§ 1000.1500When 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?
§ 1000.1505May a Tribe/Consortium reallocate funds from a construction program to a non-construction program?
§ 1000.1510May a Tribe/Consortium reallocate funds among construction programs?
§ 1000.1515Must the Secretary retain project funds to ensure proper health and safety standards in construction projects?
§ 1000.1520What funding must the Secretary provide in a construction project agreement or funding agreement that includes a construction project or program?
§ 1000.1525Must Federal funds from other DOI sources be incorporated into a construction project agreement or funding agreement that includes a construction project or program?
§ 1000.1530May a Tribe/Consortium contribute funding to a project?
§ 1000.1601What is the purpose of this subpart?
§ 1000.1605What other statutes and regulations apply to FTCA coverage?
§ 1000.1610Do Tribes/Consortia need to be aware of areas which FTCA does not cover?
§ 1000.1615Is there a deadline for filing FTCA claims?
§ 1000.1620How 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?
§ 1000.1625Is it necessary for a compact or funding agreement to include any clauses about FTCA coverage?
§ 1000.1630Does FTCA apply to a compact and funding agreement if FTCA is not referenced in the compact or funding agreement?
§ 1000.1635To 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 of a compact, funding agreement, or subcontract?
§ 1000.1640Does this coverage extend to subcontractors of compacts and funding agreements?
§ 1000.1645Is FTCA the exclusive remedy for a tort claim, including a claim concerning personal injury or death, resulting from the performance of a compact or funding agreement?
§ 1000.1650What employees are covered by FTCA for claims arising out of a Tribe's/Consortia's performance of a compact or funding agreement?
§ 1000.1655Does FTCA cover employees of the Tribe/Consortium who are paid by the Tribe/Consortium from funds other than those provided through the funding agreement?
§ 1000.1660May persons who are not Indians or Alaska Natives assert claims under FTCA arising out of the performance of a compact or funding agreement by a Tribe/Consortium?
§ 1000.1665If the Tribe/Consortium or Tribe's/Consortium's employee receives a summons and/or a complaint alleging a tort covered by FTCA and arising out of the performance of a compact or funding agreement, what should the Tribe/Consortium do?
§ 1000.1701What is the purpose of this subpart?
§ 1000.1705What does reassumption mean?
§ 1000.1710Under what circumstances may the Secretary reassume a program operated by a Tribe/Consortium under a funding agreement?
§ 1000.1715What is “imminent jeopardy” to a trust asset?
§ 1000.1720What is “imminent jeopardy” to natural resources?
§ 1000.1725What is “imminent jeopardy” to public health and safety?
§ 1000.1730What steps must the Secretary take prior to reassumption becoming effective?
§ 1000.1735Does the Tribe/Consortium have a right to a hearing prior to a non-immediate reassumption becoming effective?
§ 1000.1740What happens if the Secretary determines that the Tribe/Consortium has not corrected the conditions that the Secretary identified in the written notice?
§ 1000.1745What is the earliest date on which a reassumption by the Secretary can be effective?
§ 1000.1750Does the Secretary have the authority to immediately reassume a program?
§ 1000.1755What must a Tribe/Consortium do when a program is reassumed?
§ 1000.1760When must the Tribe/Consortium return funds to the Department?
§ 1000.1765May the Tribe/Consortium be reimbursed for actual and reasonable “wind up costs” incurred after the effective date of retrocession?
§ 1000.1770Is a Tribe's/Consortium's general right to negotiate a funding agreement adversely affected by a reassumption action?
§ 1000.1775When will the Secretary return management of a reassumed program?
§ 1000.1801What is the purpose of this subpart?
§ 1000.1805Is a decision by a Tribe/Consortium not to include a program in a successor agreement considered a retrocession?
§ 1000.1810Who may retrocede a program in a funding agreement?
§ 1000.1815How does a Tribe/Consortium retrocede a program?
§ 1000.1820When will the retrocession become effective?
§ 1000.1825How will retrocession affect the Tribe's/Consortium's existing and future funding agreements?
§ 1000.1830Does the Tribe/Consortium have to return funds used in the operation of a retroceded program?
§ 1000.1835Does the Tribe/Consortium have to return property used in the operation of a retroceded program?
§ 1000.1840What happens to a Tribe's/Consortium's mature contract status if it has retroceded a program that is also available for self-determination contracting?
§ 1000.1845How does retrocession affect a bureau's operation of the retroceded program?
§ 1000.1901What is the purpose of this subpart?
§ 1000.1905Does the Act alter the trust responsibility of the United States to Indian Tribes and individuals under self-governance?
§ 1000.1910What are “trust resources” for the purposes of the trust evaluation process?
§ 1000.1915What are “trust PSFAs” for the purposes of the trust evaluation process?
§ 1000.1920Can a Tribe/Consortium request the Secretary to conduct an assessment of the status of the trust assets, resource, and PSFAs?
§ 1000.1925What is a trust evaluation?
§ 1000.1930How are trust evaluations conducted?
§ 1000.1935May the trust evaluation process be used for additional reviews?
§ 1000.1936May the parties negotiate review methods for purposes of the trust evaluation?
§ 1000.1940What are the responsibilities of the Secretary's designated representative(s) after the annual trust evaluation?
§ 1000.1945Is the trust evaluation standard or process different when the trust resource or asset is held in trust for an individual Indian or Indian allottee?
§ 1000.1950Does the annual trust review evaluation include a review of the Secretary's inherent Federal and retained operation trust PSFAs?
§ 1000.1955What are the consequences of a finding of imminent jeopardy in the Secretary's annual trust evaluation?
§ 1000.1960What if the Secretary's trust evaluation reveals problems that do not rise to the level of imminent jeopardy?
§ 1000.1965Who is responsible for taking corrective action?
§ 1000.1970What are the requirements of the Department's review team report?
§ 1000.1975May the Department conduct more than one trust evaluation per Tribe per year?
§ 1000.2001What is the purpose of this subpart?
§ 1000.2005Is the Secretary required to report on Self Governance?
§ 1000.2010What will the Secretary's annual report to Congress contain?
§ 1000.2011Is the Secretary required to review programs of the Department other than BIA, BIE, the Office of the Assistant Secretary for Indian Affairs, and the BTFA?
§ 1000.2012Is the Secretary required to annually publish information under this subpart in the Federal Register?
§ 1000.2015Must the Secretary seek comment on the report from Tribes/Consortia before submitting it to Congress?
§ 1000.2020What may the Tribe's/Consortium's annual report on self-governance address?
§ 1000.2025Are there other data submissions or reports that Tribes/Consortia may be requested to submit?
§ 1000.2030Are Tribes/Consortia required to submit Single Audit Act reports?
§ 1000.2035Is there an exemption available for the requirement to submit Single Audit Act reports?
§ 1000.2040Are Tribes/Consortia required to maintain reports and records in accordance with 25 U.S.C. 5305?
§ 1000.2101How can a Tribe/Consortium hire a Federal employee to help implement a funding agreement?
§ 1000.2105Can a Tribe/Consortium employee be detailed to a Federal service position?
§ 1000.2110How does the Freedom of Information Act apply?
§ 1000.2115How does the Privacy Act apply?
§ 1000.2120What audit requirements must a Tribe/Consortium follow?
§ 1000.2125How do OMB circulars and the Act apply to funding agreements?
§ 1000.2130How much time does the Federal Government have to make a claim against a Tribe/Consortium relating to any disallowance of costs, based on an audit?
§ 1000.2135Does a Tribe/Consortium have additional ongoing requirements to maintain minimum standards for Tribe/Consortium management systems?
§ 1000.2140Are there any restrictions on how funds awarded to a Tribe/Consortium under a funding agreement may be spent?
§ 1000.2145What standard applies to a Tribe's/Consortium's management of funds awarded under a funding agreement?
§ 1000.2150How may interest or investment income that accrues on funds awarded under a funding agreement be used?
§ 1000.2155Can a Tribe/Consortium retain savings from programs?
§ 1000.2160Can a Tribe/Consortium carry over funds not spent during the term of the funding agreement?
§ 1000.2165After a non-BIA funding agreement has been executed and the funds transferred to a Tribe/Consortium, can a bureau request the return of unexpended funds?
§ 1000.2170How can a person or group appeal a decision or contest an action related to a program operated by a Tribe/Consortium under a funding agreement?
§ 1000.2175Must Tribes/Consortia comply with the Secretarial approval requirements of 25 U.S.C. 81; 82a; and 476 regarding professional and attorney contracts?
§ 1000.2180Are funds awarded under a funding agreement non-Federal funds for the purpose of meeting matching or cost participation requirements?
§ 1000.2185Does Indian preference apply to services, activities, programs, and functions performed under a funding agreement?
§ 1000.2190Do the wage and labor standards in the Davis-Bacon Act apply to Tribes and Tribal Consortia?
§ 1000.2195Can a Tribe/Consortium use Federal supply sources in the performance of a funding agreement?
§ 1000.2200Does the Prompt Payment Act (31 U.S.C. 3901) apply to a BIA funding Agreement?
§ 1000.2205Does the Prompt Payment Act (31 U.S.C. 3901) apply to a non-BIA program funding agreement?
§ 1000.2210Is a Tribe/Consortium obligated to continue performance under a compact or funding agreement if the Secretary does not transfer sufficient funds?
§ 1000.2301What is the purpose of this subpart?
§ 1000.2305How must disputes be handled?
§ 1000.2310Does a Tribe/Consortium have any options besides an appeal?
§ 1000.2315What is the Secretary's burden of proof for appeals in this subpart?
§ 1000.2320How does a Tribe/Consortium request an informal conference?
§ 1000.2325How is an informal conference held?
§ 1000.2330What happens after the informal conference?
§ 1000.2335How may a Tribe/Consortium appeal a decision made after the funding agreement or compact or an amendment to a funding agreement or compact has been signed?
§ 1000.2340What statutes and regulations govern resolution of disputes concerning signed funding agreements or compacts (and any signed amendments) that are appealed to the CBCA?
§ 1000.2345What decisions may a Tribe/Consortium appeal under §§ 1000.2345 through 1000.2395?
§ 1000.2350What decisions may not be appealed under §§ 1000.2345 through 1000.2395?
§ 1000.2351To Whom may a Tribe/Consortia appeal a decision under § 1000.2345?
§ 1000.2355How does a Tribe/Consortium know where and when to file an appeal?
§ 1000.2357Which officials is the appropriate bureau head or Assistant Secretary for purposes of subpart R?
§ 1000.2360When and how must a Tribe/Consortium appeal an adverse pre-award decision to the bureau head/Assistant Secretary?
§ 1000.2365When must the bureau head (or appropriate Assistant Secretary) issue a final decision in the pre-award appeal?
§ 1000.2370When and how will the Assistant Secretary respond to an appeal by a Tribe/Consortium?
§ 1000.2375When and how must a Tribe/Consortium appeal an adverse pre-award decision to the IBIA?
§ 1000.2380What happens after a Tribe/Consortium files an appeal?
§ 1000.2385What procedures apply to Interior Board of Indian Appeals (IBIA) proceedings?
§ 1000.2386What regulations govern resolution of disputes that are appealed to the IBIA?
§ 1000.2390Will an appeal adversely affect the Tribe's/Consortium's rights in other compact, funding negotiations, or construction project agreement?
§ 1000.2395Will the decision on appeal be available for the public to review?
§ 1000.2405What happens in the case of an immediate reassumption under 25 U.S.C. 5366(b)?
§ 1000.2410Will there be a hearing?
§ 1000.2415What happens after the hearing?
§ 1000.2420Is the recommended decision always final?
§ 1000.2425If a Tribe/Consortium objects to the recommended decision, what action will the IBIA take?
§ 1000.2430Will an immediate reassumption appeal adversely affect the Tribe's/Consortium's rights in other self-governance negotiations?
§ 1000.2435Does the Equal Access to Justice Act (EAJA) apply to appeals under this subpart?
§ 1000.2501Is a Tribe/Consortium required to have policies in place to address conflicts of interest?
§ 1000.2505What is an organizational conflict of interest?
§ 1000.2510What must a Tribe/Consortium do if an organizational conflict of interest arises under a funding agreement?
§ 1000.2515When must a Tribe/Consortium regulate its employees or subcontractors to avoid a personal conflict of interest?
§ 1000.2520What types of personal conflicts of interest involving Tribal officers, employees, or subcontractors would have to be regulated by a Tribe/Consortium?
§ 1000.2525What personal conflicts of interest must the standards of conduct regulate?
§ 1000.2601What is the purpose of this subpart?
§ 1000.2605When does the Secretary consult with Tribes and Consortia on matters related to self-governance?
§ 1000.2610What principles should guide consultations with Tribes and Consortia?
§ 1000.2615What notice must the Secretary provide to Tribes and Consortia of an upcoming consultation?
§ 1000.2620Is the Secretary required to allow written comments by Tribes and Consortia following a consultation?
§ 1000.2625What record must the Secretary maintain following a consultation with Tribes and Consortia?
§ 1000.2630How must the Secretary handle confidential or sensitive information provided by Tribes and Consortia during a consultation?