regulation

§ 900.134

25 CFR Ch. V (4–1–06 Edition)

§ 900.134 At the end of a self-determination construction contract,
what happens to savings on a costreimbursement contract?
The savings shall be used by the Indian tribe or tribal organization to provide additional services or benefits
under the contract. Unexpended contingency funds obligated to the contract, and remaining at the end of the
contract, are savings. No further approval or justifying documentation by
the Indian tribe or tribal organization
shall be required before expenditure of
funds.
§ 900.135 May the time frames for action set out in this subpart be reduced?
Yes. The time frames in this subpart
are intended to be maximum times and
may be reduced based on urgency and
need, by agreement of the parties. If
the Indian tribe or tribal organization
requests reduced time frames for action due to unusual or special conditions (such as limited construction periods), the Secretary shall make a good
faith effort to accommodate the requested time frames.
§ 900.136 Do tribal employment rights
ordinances apply to construction
contracts and subcontracts?
Yes. Tribal employment rights ordinances do apply to construction contracts and subcontracts pursuant to
section 7(b) and section 7(c) of the Act.
§ 900.137 Do all provisions of the other
subparts apply to contracts awarded under this subpart?
Yes, except as otherwise provided in
this subpart and unless excluded as follows: programmatic reports and data
requirements, reassumption, contract
review and approval process, contract
proposal contents, and § 900.150 (d) and
(e) of these regulations.

Subpart K—Waiver Procedures
§ 900.140 Can any provision of the regulations under this part be waived?
Yes. Upon the request of an Indian
tribe or tribal organization, the Secretary shall waive any provision of
these regulations, including any cost
principles adopted by the regulations

under this part, if the Secretary finds
that granting the waiver is either in
the best interest of the Indians served
by the contract, or is consistent with
the policies of the Act and is not contrary to statutory law.
§ 900.141 How does an Indian tribe or
tribal organization get a waiver?
To obtain a waiver, an Indian tribe or
tribal organization shall submit a written request to the Secretary identifying the regulation to be waived and
the basis for the request. The Indian
tribe or tribal organization shall explain the intended effect of the waiver,
the impact upon the Indian tribe or
tribal organization if the waiver is not
granted, and the specific contract(s) to
which the waiver will apply.
§ 900.142 Does an Indian tribe or tribal
organization’s waiver request have
to be included in an initial contract
proposal?
No. Although a waiver request may
be included in a contract proposal, it
can also be submitted separately.
§ 900.143 How
processed?

is

a

waiver

The Secretary shall approve or deny
a waiver within 90 days after the Secretary receives a written waiver request. The Secretary’s decision shall be
in writing. If the requested waiver is
denied, the Secretary shall include in
the decision a full explanation of the
basis for the decision.
§ 900.144 What happens if the Secretary makes no decision within the
90-day period?
The waiver request is deemed approved.
§ 900.145 On what basis may the Secretary deny a waiver request?
Consistent with section 107(e) of the
Act, the Secretary may only deny a
waiver request based on a specific written finding. The finding must clearly
demonstrate (or be supported by controlling legal authority) that if the
waiver is granted:
(a) The service to be rendered to the
Indian beneficiaries of the particular
program or function to be contracted
will not be satisfactory;

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