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FEDERAL · 49 CFR

Part 29 — Tribal Transportation Self-Governance Program

154 sections · Title 49: Transportation

§ 29.1What is the purpose and authority for this part?
§ 29.2What is the Department's policy for the Program?
§ 29.3What is the effect of this part on existing Tribal rights?
§ 29.4How do Departmental circulars, policies, manuals, guidance, or rules apply to a Tribe's performance under the Program?
§ 29.5Who is responsible for carrying out the functions connected with the Program?
§ 29.6Must the Department consult with Tribes regarding matters that affect the Program?
§ 29.7What is the effect of this Program on existing Tribal Transportation Program agreements?
§ 29.8What happens if more than one party purports to be the authorized representative of a Tribe?
§ 29.9What definitions apply to this part?
§ 29.100What are the criteria for eligibility to participate in the Program?
§ 29.101How does a Tribe commence negotiations for a compact, funding agreement, or amendment?
§ 29.102What information should a Tribe provide to the Department when it expresses its interest in negotiating a compact, funding agreement, or amendment?
§ 29.103How will the Department respond to a Tribe's written request?
§ 29.104Must the Department and a Tribe follow a specific process when negotiating compacts, funding agreements, and amendments?
§ 29.105Will negotiations commence or conclude within a specified time period?
§ 29.106What are best practices to pursue negotiations?
§ 29.107What recourse does the Department or the Tribe have if the negotiations reach an impasse?
§ 29.108May the Department and the Tribe continue to negotiate after the Tribe submits a final offer?
§ 29.109Who is responsible for drafting the compact or funding agreement?
§ 29.200What is covered by this subpart?
§ 29.201In what circumstances should a Tribe submit a final offer?
§ 29.202How does a Tribe submit a final offer?
§ 29.203What must a final offer contain?
§ 29.204How many days does the Department have to respond to a final offer?
§ 29.205How does the Department acknowledge receipt of a final offer?
§ 29.206May the Department request and obtain an extension of time of the 45-day review period?
§ 29.207What happens if the Department takes no action within the 45-day review period (or any extensions thereof)?
§ 29.208What happens once the Department accepts the Tribe's final offer or the final offer is accepted by operation of law?
§ 29.209On what basis may the Department reject a Tribe's final offer?
§ 29.210How does the Department reject a final offer?
§ 29.211Is technical assistance available to a Tribe to overcome rejection of a final offer?
§ 29.212May a Tribe appeal the rejection of a final offer?
§ 29.213If a Tribe appeals a final offer, do the remaining provisions of the compact, funding agreement, or amendment not in dispute go into effect?
§ 29.300What is included in a compact?
§ 29.301Is a compact required to participate in the Program?
§ 29.302What is the duration of a compact?
§ 29.303May more than one Tribe enter into a single compact and funding agreement?
§ 29.304May a compact be amended?
§ 29.305When can a Tribe initiate negotiation of a funding agreement?
§ 29.306What is the duration of a funding agreement?
§ 29.307What terms must a funding agreement include?
§ 29.308May the funding agreement include additional terms from title I of the Indian Self-Determination and Education Assistance Act?
§ 29.309Will a funding agreement include provisions pertaining to flexible or innovative financing?
§ 29.310How is a funding agreement amended?
§ 29.311Is a subsequent funding agreement retroactive to the end of the term of the preceding funding agreement?
§ 29.400What funds may a Tribe elect to include in a funding agreement?
§ 29.401What funds must the Department transfer to a Tribe in a funding agreement?
§ 29.402Is the Tribe responsible for the funds included in a funding agreement?
§ 29.403When must the Department transfer to a Tribe the funds identified in a funding agreement?
§ 29.404When must the Department transfer funds that were not paid as part of the initial lump sum payment (or initial periodic payment)?
§ 29.405When must the Department transfer funds for a discretionary or competitive grant?
§ 29.406Does the award of funds for a discretionary or competitive grant entitle a Tribe to receive the same amount in subsequent years?
§ 29.407Does the award of funds for discretionary or competitive grants entitle the Tribe to receive contract support costs?
§ 29.408How may a Tribe use interest earned on funds included in a funding agreement?
§ 29.409May a Tribe carry over from one fiscal year to the next any funds that remain at the end of the funding agreement?
§ 29.410May a Tribe use remaining funds from a discretionary or competitive grant included in a funding agreement?
§ 29.411Are 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?
§ 29.412May the Department increase the funds included in the funding agreement if necessary to carry out the Program?
§ 29.413How will the Department assist a Tribe with its credit requests?
§ 29.414What limitations apply to Department actions related to transfer of funds associated with PSFAs?
§ 29.415Does the Prompt Payment Act apply to funds included in a funding agreement?
§ 29.416What standard applies to a Tribe's management of funds included in a funding agreement?
§ 29.417Must a Tribe continue performance of the Tribal Transportation Program or the Tribal Transit Program under a compact and funding agreement if the Department does not transfer sufficient funds?
§ 29.418May a funding agreement include transfers of State funds?
§ 29.419Does the award of formula funds entitle a Tribe to receipt of contract support costs?
§ 29.420Is a Tribe entitled to enter into facility leases from the Department and to receive facility support costs?
§ 29.421May a Tribe redesign, consolidate, reallocate, or redirect the funds included in a funding agreement?
§ 29.500Must a Tribe undertake an annual audit?
§ 29.501Must a Tribe submit any required audits to the Federal Audit Clearinghouse and the Department?
§ 29.502Who is responsible for compiling, copying, and paying for materials for any audit or examination?
§ 29.503How may the Federal Government make a claim against a Tribe relating to any disallowance of costs based on an audit conducted under this part?
§ 29.504What cost principles must a Tribe apply in compacts and funding agreements?
§ 29.505What are the financial management systems that a Tribe carrying out a compact and funding agreement must develop, implement, and maintain to ensure the proper expenditure and accounting of Federal funds?
§ 29.506What standards apply to a Tribe's financial management systems when carrying out a compact and funding agreement?
§ 29.507What minimum requirements must a Tribe's financial management system include to meet the standards set forth in § 29.506?
§ 29.508What procurement standards apply to contracts carried out using funds included in a funding agreement?
§ 29.509What property management systems and standards must a Tribe maintain?
§ 29.510Must a Tribe maintain a recordkeeping system?
§ 29.511Are Tribal records subject to the Freedom of Information Act and Federal Privacy Act?
§ 29.512Must a Tribe make its records available to the Department?
§ 29.513How long must a Tribe keep and make available records?
§ 29.514When procuring property or services with funds included in a funding agreement, can a Tribe follow its own procurement standards?
§ 29.515What are the minimum procurement standards that a Tribe must follow when procuring property or services with funds included in a funding agreement?
§ 29.516Do Federal laws and regulations apply to a Tribe's contractors or subcontractors?
§ 29.517Can a Tribe use Federal supply sources in the performance of a compact and funding agreement?
§ 29.518What reporting must a Tribe provide?
§ 29.519How may a Tribe use existing Department facilities, equipment, or property?
§ 29.520How may a Tribe acquire surplus or excess Federal property for use under the Program?
§ 29.521How must a Tribe use surplus or excess Federal property acquired under the Program?
§ 29.522If a compact or funding agreement (or portion thereof) is retroceded, reassumed, terminated, or expires, may the Department reacquire title to property purchased with funds under any compact and funding agreement or excess or surplus Federal property that was donated to the Tribe under the Program?
§ 29.523What technical assistance is available to a Tribe from the Department?
§ 29.524Do the wage and labor standards in the Davis-Bacon Act apply to employees of a Tribe?
§ 29.525Does Indian preference apply to PSFAs under the Program?
§ 29.526When do Tribal employment law and contract preference laws govern?
§ 29.527What compliance with environmental and cultural resource statutes is required?
§ 29.528Is the Federal Tort Claims Act applicable to a Tribe when carrying out a compact and funding agreement?
§ 29.529What steps should a Tribe take after becoming aware of a Federal Tort Claim?
§ 29.530Is it necessary for a compact or funding agreement to include any terms about FTCA coverage?
§ 29.531Does FTCA cover employees of the Tribe who are paid by the Tribe from funds other than those provided through the compact and funding agreement?
§ 29.532May persons who are not Indians assert claims under FTCA?
§ 29.533Does the year PSFAs are funded affect FTCA coverage?
§ 29.534What is the process for regulation waivers under this part?
§ 29.600May a Tribe withdraw from a consortium?
§ 29.601When does a withdrawal from a consortium become effective?
§ 29.602How are funds redistributed when a Tribe fully or partially withdraws from a compact and funding agreement administered by a consortium serving more than one Tribe and elects to enter into a compact and funding agreement with the Department?
§ 29.603How are funds distributed when a Tribe fully or partially withdraws from a compact and funding agreement administered by a consortium serving more than one Tribe, and the withdrawing Tribe elects not to or is ineligible to enter into a compact and funding agreement?
§ 29.700May a Tribe retrocede a PSFA and the associated funds?
§ 29.701How does a Tribe notify the Department of its intention to retrocede?
§ 29.702What happens if the Department of the Interior determines that it provides the transportation services the Tribe intends to retrocede?
§ 29.703What happens if the Department of the Interior determines that it does not provide the transportation services the Tribe intends to retrocede?
§ 29.704When is the retrocession effective?
§ 29.705What effect will a retrocession have on a Tribe's right to compact under the Program?
§ 29.706Will retrocession adversely affect future funding available for the retroceded program?
§ 29.800When can the Department reassume a compact or funding agreement?
§ 29.801Can the Department reassume a portion of a compact or funding agreement and the associated funds?
§ 29.802What process must the Department follow before termination of a compact or funding agreement (or portion thereof)?
§ 29.803What happens if the Department determines that the Tribe has not corrected the conditions that the Department identified in the notice?
§ 29.804When may the Department reassume?
§ 29.805When can the Department immediately terminate a compact or funding agreement (or portion thereof)?
§ 29.806Upon termination, what happens to the funds associated with the terminated portions of the compact or funding agreement?
§ 29.900What is the purpose of this subpart?
§ 29.901Can the Department and a Tribe resolve disputes using alternative dispute resolution processes?
§ 29.902Does the Equal Access to Justice Act apply to the Program?
§ 29.903What determinations may not be appealed under this subpart?
§ 29.904What are pre-award decisions that a Tribe may appeal?
§ 29.905To whom does a Tribe appeal a pre-award decision?
§ 29.906Must 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?
§ 29.907When and how must a Tribe appeal a pre-award decision?
§ 29.908May a Tribe request an extension of time to file an administrative appeal?
§ 29.909When and how must the hearing official respond to the Tribe's appeal?
§ 29.910What is the Department's burden of proof for appeals of pre-award decisions?
§ 29.911What is the effect of a pending appeal on negotiations?
§ 29.912What is a post-award dispute?
§ 29.913What is a claim under the Contract Disputes Act?
§ 29.914How does a Tribe file a Contract Disputes Act claim?
§ 29.915Must a Tribe certify a Contract Disputes Act claim?
§ 29.916Who bears the burden of proof in a Contract Disputes Act claim?
§ 29.917What is the Department's role in processing a Contract Disputes Act claim?
§ 29.918What information must the Self-Governance Official's decision contain?
§ 29.919When must the Self-Governance Official issue a written decision on the claim?
§ 29.920Is a decision of the Self-Governance Official final?
§ 29.921Where may the Tribe appeal the Self-Governance Official's decision on a Contract Disputes Act claim?
§ 29.922May a party appeal a Civilian Board of Contract Appeals decision?
§ 29.923What is the effect of a pending appeal?
§ 29.924May a Tribe appeal the Department's decision to terminate a compact or funding agreement?
§ 29.925Is a Tribe entitled to a hearing on the record?
§ 29.926What rights do the Department and a Tribe have in an appeal of a termination decision?
§ 29.927What notice and service must the Department and the Tribe provide?
§ 29.928What is the Department's burden of proof for a termination decision?
§ 29.929How will the Department communicate its decision following a hearing on a termination decision?
§ 29.930May the Department or the Tribe appeal the decision of an administrative law judge?
§ 29.931How can the Department or the Tribe obtain review of the recommended decision of an administrative law judge?
§ 29.932May a Tribe appeal the decision of the Secretary?
§ 29.933What is the effect of an appeal on negotiations?