25 CFR 1000.350 Annual Funding Agreements Under the Tribal Self-Government Act

e-CFR data is current as of December 15, 2017
Title 25 → Chapter VI → Part 1000
TITLE 25—Indians
CHAPTER VI—OFFICE OF THE ASSISTANT SECRETARY, INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
PART 1000—ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO
THE INDIAN SELF-DETERMINATION AND EDUCATION ACT

Subpart A—GENERAL PROVISIONS
§1000.1

Authority.

§1000.2

Definitions.

§1000.3

Purpose and scope.

§1000.4

Policy statement.

Subpart B—SELECTION OF ADDITIONAL TRIBES FOR PARTICIPATION IN TRIBAL SELF-GOVERNANCE
P

D

§1000.10

What is the purpose of this subpart?

§1000.11

What is the “applicant pool”?

§1000.12

What is a “signatory”?

§1000.13

What is a “nonsignatory Tribe”?

E
§1000.14

Who is eligible to participate in Tribal selfgovernance?

§1000.15

How many additional Tribes/Consortia may
participate in self-governance per year?

§1000.16

What criteria must a Tribe/Consortium satisfy to
be eligible for admission to the “applicant pool”?

§1000.17

What documents must a Tribe/Consortium
submit to OSG to apply for admission to the
applicant pool?

§1000.18

May a Consortium member Tribe withdraw from
the Consortium and become a member of the
applicant pool?

§1000.19

What is done during the “planning phase”?

§1000.20

What is required in a planning report?

§1000.21

When does a Tribe/Consortium have a “material
audit exception”?

What are the consequences of having a material
audit exception?

§1000.22

A

I

A

P

§1000.23

How is a Tribe/Consortium admitted to the
applicant pool?

§1000.24

When does OSG accept applications to become
a member of the applicant pool?

§1000.25

What are the deadlines for a Tribe/Consortium in
the applicant pool to negotiate a compact and
annual funding agreement (AFA)?

§1000.26

Under what circumstances will a
Tribe/Consortium be removed from the applicant
pool?

§1000.27

How does the Director select which Tribes in the
applicant pool become self-governance Tribes?

§1000.28

What happens if an application is not complete?

§1000.29

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?

§1000.30

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)?

§1000.31

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)?

W

F

C

A

F

A

§1000.32

What happens when a Tribe wishes to withdraw
from a Consortium annual funding agreement?

§1000.33

What amount of funding is to be removed from
the Consortium's AFA for the withdrawing Tribe?

§1000.34

What happens if there is a dispute between the
Consortium and the withdrawing Tribe?

§1000.35

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?

Subpart C—SECTION 402(D) PLANNING AND NEGOTIATION GRANTS
P
§1000.40
§1000.41

T

G

What is the purpose of this subpart?

What types of grants are available?
A

,A

,

N

G

§1000.42

Will grants always be made available to meet the
planning phase requirement as described in
section 402(d) of the Act?

§1000.43

May a Tribe/Consortium use its own resources to
meet its self-governance planning and
negotiation expenses?

§1000.44

What happens if there are insufficient funds to
meet the Tribal requests for planning/negotiation
grants in any given year?

§1000.45

How many grants will the Department make
each year and what funding will be available?

S

C

§1000.46

Which Tribes/Consortia may be selected to
receive a negotiation grant?

§1000.47

What must a Tribe/Consortium do to receive a
negotiation grant?

§1000.48

What must a Tribe do if it does not wish to
receive a negotiation grant?

A

P

G

F

§1000.49

Who can apply for an advance planning grant?

§1000.50

What must a Tribe/Consortium seeking a
planning grant submit in order to meet the
planning phase requirements?

§1000.51

How will Tribes/Consortia know when and how to
apply for planning grants?

§1000.52

What criteria will the Director use to award
advance planning grants?

§1000.53

Can Tribes/Consortia that receive advance
planning grants also apply for a negotiation
grant?

§1000.54

How will a Tribe/Consortium know whether or not
it has been selected to receive an advance
planning grant?

§1000.55

Can a Tribe/Consortium appeal within DOI the
Director's decision not to award a grant under
this subpart?

Subpart D—OTHER FINANCIAL ASSISTANCE FOR PLANNING AND NEGOTIATION GRANTS FOR NON-BIA PROGRAMS
P
§1000.60

E

What is the purpose of this subpart?

Are other funds available to self-governance
Tribes/Consortia for planning and negotiating
with non-BIA bureaus?

§1000.61

E

A

P

§1000.62

Who can apply to OSG for grants to plan and
negotiate non-BIA programs?

§1000.63

Under what circumstances may planning and
negotiation grants be awarded to
Tribes/Consortia?

§1000.64

How does the Tribe/Consortium know when and
how to apply to OSG for a planning and
negotiation grant?

§1000.65

What kinds of activities do planning and
negotiation grants support?

§1000.66

What must be included in the application?

§1000.67

How will the Director award planning and
negotiation grants?

§1000.68

May non-BIA bureaus provide technical
assistance to a Tribe/Consortium in drafting its
planning grant application?

§1000.69

How can a Tribe/Consortium obtain comments or
selection documents received or utilized after
OSG has made a decision on a planning grant
application?

§1000.70

What criteria will the Director use to rank the
applications and how many maximum points can
be awarded for each criterion?

§1000.71

Can an applicant appeal a decision not to award
a grant?

§1000.72

Will OSG notify Tribes/Consortia and affected
non-BIA bureaus of the results of the selection
process?

§1000.73

Once a Tribe/Consortium has been awarded a
grant, may the Tribe/Consortium obtain
information from a non-BIA bureau?

Subpart E—ANNUAL FUNDING AGREEMENTS FOR BUREAU OF INDIAN AFFAIRS PROGRAMS
§1000.80

What is the purpose of this subpart?

§1000.81

What is an annual funding agreement (AFA)?

C
§1000.82

S

A

F

A

What types of provisions must be included in a
BIA AFA?

§1000.83

Can additional provisions be included in an AFA?

§1000.84

Does a Tribe/Consortium have the right to
include provisions of Title I of Pub. L. 93-638 in
an AFA?

§1000.85

Can a Tribe/Consortium negotiate an AFA with a
term that exceeds one year?

D

W

P

M

B I

AFA

§1000.86

What types of programs may be included in an
AFA?

§1000.87

How does the AFA specify the services provided,
functions performed, and responsibilities
assumed by the Tribe/Consortium and those
retained by the Secretary?

§1000.88

Do Tribes/Consortia need Secretarial approval to
redesign BIA programs that the Tribe/Consortium
administers under an AFA?

§1000.89

Can the terms and conditions in an AFA be
amended during the year it is in effect?

§1000.90

What happens if an AFA expires before the
effective date of the successor AFA?

D

AFA A

§1000.91

What funds must be transferred to a
Tribe/Consortium under an AFA?

§1000.92

What funds may not be included in an AFA?

§1000.93

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?

§1000.94

What are BIA residual funds?

§1000.95

How is BIA's residual determined?

§1000.96

May a Tribe/Consortium continue to negotiate an
AFA pending an appeal of residual functions or
amounts?

§1000.97

What is a Tribal share?

§1000.98

How does BIA determine a Tribe's/Consortium's
share of funds to be included in an AFA?

§1000.99

Can a Tribe/Consortium negotiate a Tribal share
for programs outside its region/agency?

§1000.100

May a Tribe/Consortium obtain discretionary or
competitive funding that is distributed on a
discretionary or competitive basis?

§1000.101

Are all funds identified as Tribal shares always
paid to the Tribe/Consortium under an AFA?

§1000.102

How are savings that result from downsizing
allocated?

§1000.103

Do Tribes/Consortia need Secretarial approval to
reallocate funds between programs that the
Tribe/Consortium administers under the AFA?

§1000.104

Can funding amounts negotiated in an AFA be
adjusted during the year it is in effect?

E

S

-G

B

B

§1000.105

What are self-governance base budgets?

§1000.106

Once a Tribe/Consortium establishes a base
budget, are funding amounts renegotiated each
year?

§1000.107

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?

§1000.108

How are self-governance base budgets
established?

§1000.109

How are self-governance base budgets
adjusted?

Subpart F—NON-BIA ANNUAL SELF-GOVERNANCE COMPACTS AND FUNDING AGREEMENTS
P
§1000.120

What is the purpose of this subpart?

§1000.121

What is an annual funding agreement for a nonBIA program?

E
§1000.122

What non-BIA programs are eligible for inclusion
in an annual funding agreement?

§1000.123

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?

§1000.124

What programs are included under Section
403(b)(2) of the Act?

§1000.125

What programs are included under Section
403(c)?

§1000.126

What does “special geographic, historical or
cultural” mean?

§1000.127

Under Section 403(b)(2), when must programs

be awarded non-competitively?
§1000.128

Is there a contracting preference for programs of
special geographic, historical, or cultural
significance?

§1000.129

Are there any programs that may not be included
in an AFA?

§1000.130

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 nonBIA AFA?

§1000.131

Will Tribes/Consortia participate in the
Secretary's determination of what is to be
included on the annual list of available
programs?

§1000.132

How will the Secretary consult with
Tribes/Consortia in developing the list of
available programs?

§1000.133

What else is on the list in addition to eligible
programs?

§1000.134

May a bureau negotiate with a Tribe/Consortium
for programs not specifically included on the
annual section 405(c) list?

§1000.135

How will a bureau negotiate an annual funding
agreement for a program of special geographic,
historical, or cultural significance to more than
one Tribe?

§1000.136

When will this determination be made?

F
§1000.137

What funds are included in an AFA?

§1000.138

How are indirect cost rates determined?

§1000.139

Will the established indirect cost rates always
apply to new AFAs?

§1000.140

How does the Secretary determine the amount
of indirect contract support costs?

§1000.141

Is there a predetermined cap or limit on indirect
cost rates or a fixed formula for calculating
indirect cost rates?

§1000.142

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?

O

T

§1000.143

C

May the bureaus negotiate terms to be included

in an AFA for non-Indian programs?
R

,D

,

A

§1000.144

Can a Tribe reallocate funds for a non-BIA nonIndian program?

§1000.145

Do Tribes/Consortia need Secretarial approval to
reallocate funds between Title-I eligible
programs that the Tribe/Consortium administers
under a non-BIA AFA?

§1000.146

Can a Tribe/Consortium negotiate an AFA with a
non-BIA bureau for which the performance
period exceeds one year?

§1000.147

Can the terms and conditions in a non-BIA AFA
be amended during the year it is in effect?

§1000.148

What happens if an AFA expires before the
effective date of the successor AFA?

Subpart G—NEGOTIATION PROCESS FOR ANNUAL FUNDING AGREEMENTS
P

What is the purpose of this subpart?

§1000.160
N

S

-G

C

§1000.161

What is a self-governance compact?

§1000.162

What is included in a self-governance compact?

§1000.163

Can a Tribe/Consortium negotiate other terms
and conditions not contained in the model
compact?

§1000.164

Can a Tribe/Consortium have an AFA without
entering into a compact?

§1000.165

Are provisions in compacts negotiated before
January 16, 2001, effective after
implementation?

N

I

A

F

A

§1000.166

What are the phases of the negotiation process?

§1000.167

Who may initiate the information phase?

§1000.168

Is it mandatory to go through the information
phase before initiating the negotiation phase?

§1000.169

How does a Tribe/Consortium initiate the
information phase?

§1000.170

What is the letter of interest?

§1000.171

When should a Tribe/Consortium submit a letter
of interest?

§1000.172

What steps does the bureau take after a letter of
interest is submitted by a Tribe/Consortium?
§1000.173

How does a newly selected Tribe/Consortium
initiate the negotiation phase?

§1000.174

How and when does the bureau respond to a
request to negotiate?

§1000.175

What is the process for conducting the
negotiation phase?

§1000.176

What issues must the bureau and the
Tribe/Consortium address at negotiation
meetings?

§1000.177

What happens when the AFA is signed?

§1000.178

When does the AFA become effective?

§1000.179

What happens if the Tribe/Consortium and
bureau negotiators fail to reach an agreement?

N

P

S

A

F

A

§1000.180

What is a successor AFA?

§1000.181

How does the Tribe/Consortium initiate the
negotiation of a successor AFA?

§1000.182

What is the process for negotiating a successor
AFA?

Subpart H—LIMITATION AND/OR REDUCTION OF BIA SERVICES, CONTRACTS, AND FUNDS
§1000.190

What is the purpose of this subpart?

§1000.191

To whom does this subpart apply?

§1000.192

What services, contracts, or funds are protected
under section 406(a)?

§1000.193

Who may raise the issue of limitation or
reduction of services, contracts, or funding?

§1000.194

When must BIA raise the issue of limitation or
reduction of services, contracts, or funding?

§1000.195

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?

§1000.196

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?

§1000.197

How will BIA resolve a claim?

§1000.198

How must a limitation or reduction in services,
contracts, or funds be remedied?

Subpart I—PUBLIC CONSULTATION PROCESS
§1000.210

When does a non-BIA bureau use a public
consultation process related to the negotiation of
an AFA?

§1000.211

Will the bureau contact the Tribe/Consortium
before initiating public consultation process for a
non-BIA AFA under negotiation?

§1000.212

What is the role of the Tribe/Consortium when a
bureau initiates a public meeting?

§1000.213

What should the bureau do if it is invited to
attend a meeting with respect to the
Tribe's/Consortium's proposed AFA?

§1000.214

Will the bureau and the Tribe/Consortium share
information concerning inquiries about the
Tribes/Consortia and the AFA?

Subpart J—WAIVER OF REGULATIONS
§1000.220

What regulations apply to self-governance
Tribes?

§1000.221

Can the Secretary grant a waiver of regulations
to a Tribe/Consortium?

§1000.222

How does a Tribe/Consortium obtain a waiver?

§1000.223

When can a Tribe/Consortium request a waiver
of a regulation?

§1000.224

How can a Tribe/Consortium expedite the review
of a regulation waiver request?

§1000.225

Are meetings or discussions mandatory?

§1000.226

On what basis may the Secretary deny a waiver
request?

§1000.227

What happens if the Secretary denies the waiver
request?

§1000.228

What are examples of waivers prohibited by law?

§1000.229

May a Tribe/Consortium propose a substitute for
a regulation it wishes to be waived?

§1000.230

How is a waiver approval documented for the
record?

§1000.231

How does a Tribe/Consortium request

reconsideration of the Secretary's denial of a
waiver?
§1000.232

When must DOI respond to a request for
reconsideration?

Subpart K—CONSTRUCTION
§1000.240

What construction programs included in an AFA
are subject to this subpart?

§1000.241

Does this subpart create an agency relationship?

§1000.242

What provisions relating to a construction
program may be included in an AFA?

§1000.243

What special provisions must be included in an
AFA that contains a construction program?

§1000.244

May the Secretary suspend construction
activities under an AFA?

§1000.245

May a Tribe/Consortium continue work with
construction funds remaining in an AFA at the
end of the funding year?

§1000.246

Must an AFA that contains a construction project
or activity incorporate provisions of Federal
construction standards?

§1000.247

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?

§1000.248

What is the Tribe's/Consortium's role in a
construction program included in an AFA?

§1000.249

What is the Secretary's role in a construction
program in an AFA?

§1000.250

How are property and funding returned if there is
a reassumption for substantial failure to carry out
an AFA?

§1000.251

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?

§1000.252

Do all provisions of other subparts apply to
construction portions of AFAs?

§1000.253

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?

§1000.254

May a Tribe/Consortium reallocate funds from a
construction program to a non-construction
program?

§1000.255

May a Tribe/Consortium reallocate funds among
construction programs?

§1000.256

Must the Secretary retain project funds to ensure
proper health and safety standards in
construction projects?

Subpart L—FEDERAL TORT CLAIMS
§1000.270

What does this subpart cover?

§1000.271

What other statutes and regulations apply to
FTCA coverage?

§1000.272

Do Tribes/Consortia need to be aware of areas
which FTCA does not cover?

§1000.273

Is there a deadline for filing FTCA claims?

§1000.274

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?

§1000.275

Is it necessary for a self-governance AFA to
include any clauses about FTCA coverage?

§1000.276

Does FTCA apply to a self-governance AFA if
FTCA is not referenced in the AFA?

§1000.277

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?

§1000.278

Does this coverage extend to subcontractors of
self-governance AFAs?

§1000.279

Is FTCA the exclusive remedy for a tort claim,
including a claim concerning personal injury or
death, resulting from the performance of a selfgovernance AFA?

§1000.280

What employees are covered by FTCA for
medical-related claims?

§1000.281

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?

§1000.282

May persons who are not Indians or Alaska
Natives assert claims under FTCA?

§1000.283

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?

Subpart M—REASSUMPTION
§1000.300

What is the purpose of this subpart?

§1000.301

When may the Secretary reassume a Federal
program operated by a Tribe/Consortium under
an AFA?

§1000.302

“What is imminent jeopardy” to a trust asset?

§1000.303

What is imminent jeopardy to natural resources?

§1000.304

What is imminent jeopardy to public health and
safety?

§1000.305

In an imminent jeopardy situation, what must the
Secretary do?

§1000.306

Must the Secretary always reassume a program,
upon a finding of imminent jeopardy?

§1000.307

What happens if the Secretary's designated
representative determines that the
Tribe/Consortium cannot mitigate the conditions
within 60 days?

§1000.308

What will the notice of reassumption include?

§1000.309

How much time will a Tribe/Consortium have to
respond to a notice of imminent jeopardy?

§1000.310

What information must the Tribe's/Consortium's
response contain?

§1000.311

How will the Secretary reply to the
Tribe's/Consortium's response?

§1000.312

What happens if the Secretary accepts the
Tribe's/Consortium's proposed measures?

§1000.313

What happens if the Secretary does not accept
the Tribe's/Consortium's proposed measures?

§1000.314

What must a Tribe/Consortium do when a
program is reassumed?

§1000.315

When must the Tribe/Consortium return funds to
the Department?

§1000.316

May the Tribe/Consortium be reimbursed for
actual and reasonable “wind up costs” incurred
after the effective date of retrocession?

§1000.317

Is a Tribe's/Consortium's general right to

negotiate an AFA adversely affected by a
reassumption action?
When will the Secretary return management of a
reassumed program?

§1000.318

Subpart N—RETROCESSION
§1000.330

What is the purpose of this subpart?

§1000.331

Is a decision by a Tribe/Consortium not to
include a program in a successor agreement
considered a retrocession?

§1000.332

Who may retrocede a program in an AFA?

§1000.333

How does a Tribe/Consortium retrocede a
program?

§1000.334

When will the retrocession become effective?

§1000.335

How will retrocession affect the
Tribe's/Consortium's existing and future AFAs?

§1000.336

Does the Tribe/Consortium have to return funds
used in the operation of a retroceded program?

§1000.337

Does the Tribe/Consortium have to return
property used in the operation of a retroceded
program?

§1000.338

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?

§1000.339

How does retrocession affect a bureau's
operation of the retroceded program?

Subpart O—TRUST EVALUATION REVIEW
§1000.350

What is the purpose of this subpart?

§1000.351

Does the Tribal Self-Governance Act of 1994
alter the trust responsibility of the United States
to Indian Tribes and individuals under selfgovernance?

§1000.352

What are “trust resources” for the purposes of
the trust evaluation process?

§1000.353

What are “trust functions” for the purposes of the
trust evaluation process?

A

T

§1000.354

E

What is a trust evaluation?

§1000.355

How are trust evaluations conducted?

§1000.356

May the trust evaluation process be used for
additional reviews?

§1000.357

May the parties negotiate standards of review for
purposes of the trust evaluation?

§1000.358

Can an initial review of the status of the trust
asset be conducted?

§1000.359

What are the responsibilities of the Secretary's
designated representative(s) after the annual
trust evaluation?

§1000.360

Is the trust evaluation standard or process
different when the trust asset is held in trust for
an individual Indian or Indian allottee?

§1000.361

Will the annual review include a review of the
Secretary's residual trust functions?

§1000.362

What are the consequences of a finding of
imminent jeopardy in the annual trust
evaluation?

§1000.363

What if the trust evaluation reveals problems that
do not rise to the level of imminent jeopardy?

§1000.364

Who is responsible for corrective action?

§1000.365

What are the requirements of the review team
report?

§1000.366

Can the Department conduct more than one trust
evaluation per Tribe per year?

§1000.367

Will the Department evaluate a
Tribe's/Consortium's performance of non-trust
related programs?

Subpart P—REPORTS
§1000.380

What is the purpose of this subpart?

§1000.381

How is information about self-governance
developed and reported?

§1000.382

What may the Tribe's/Consortium's annual report
on self-governance address?

Subpart Q—MISCELLANEOUS PROVISIONS
§1000.390

How can a Tribe/Consortium hire a Federal
employee to help implement an AFA?

§1000.391

Can a Tribe/Consortium employee be detailed to

a Federal service position?
§1000.392

How does the Freedom of Information Act apply?

§1000.393

How does the Privacy Act apply?

§1000.394

What audit requirements must a self-governance
Tribe/Consortium follow?

§1000.395

Do OMB circulars and revisions apply to selfgovernance funding agreements?

§1000.396

Does a Tribe/Consortium have additional
ongoing requirements to maintain minimum
standards for Tribe/Consortium management
systems?

§1000.397

Are there any restrictions on how AFA funds may
be spent?

§1000.398

May a Tribe/Consortium invest funds received
under a self-governance agreement?

§1000.399

How may interest or investment income that
accrues on AFAs be used?

§1000.400

Can a Tribe/Consortium retain savings from
programs?

§1000.401

Can a Tribe/Consortium carry over funds not
spent during the term of the AFA?

§1000.402

After a non-BIA AFA has been executed and the
funds transferred to a Tribe/Consortium, can a
bureau request the return of funds?

§1000.403

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?

§1000.404

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?

§1000.405

Are AFA funds non-Federal funds for the
purpose of meeting matching requirements?

§1000.406

Does Indian preference apply to services,
activities, programs, and functions performed
under a self-governance AFA?

§1000.407

Do the wage and labor standards in the DavisBacon Act apply to Tribes and Tribal Consortia?

S

S

Can a Tribe/Consortium use Federal supply
sources in the performance of an AFA?

§1000.408

P

P

A

§1000.409

Does the Prompt Payment Act (31 U.S.C. 3901)
apply to a non-BIA, non-Indian program AFA?

Subpart R—APPEALS
§1000.420

What does “Title-I eligible programs” mean in this
subpart?

§1000.421

What is the purpose of this subpart?

§1000.422

How must disputes be handled?

§1000.423

Are there any decisions that are not
administratively appealable under this subpart?

§1000.424

Does a Tribe/Consortium have a right to an
informal conference to resolve any disputes?

§1000.425

How does a Tribe/Consortium request an
informal conference?

§1000.426

How is an informal conference held?

§1000.427

What happens after the informal conference?

§1000.428

How may a Tribe/Consortium appeal a decision
made after the AFA or compact or amendment to
an AFA or compact has been signed?

§1000.429

What statutes and regulations govern resolution
of disputes concerning signed AFAs or compacts
that are appealed to the CBCA?

§1000.430

Who handles appeals regarding reassumption
for imminent jeopardy?

§1000.431

Does the Equal Access to Justice Act (EAJA)
apply to appeals under this subpart?

§1000.432

To whom may a Tribe appeal a decision made
before the AFA or an amendment to the AFA or
compact is signed?

§1000.433

When and how must a Tribe/Consortium appeal
an adverse pre-award decision?

§1000.434

When must the bureau head (or appropriate
Assistant Secretary) issue a final decision in the
pre-award appeal?

§1000.435

When and how will the Assistant Secretary
respond to an appeal by a Tribe/Consortium?

§1000.436

How may a Tribe/Consortium seek
reconsideration of the Secretary's decision
involving a self-governance compact?

§1000.437

When will the Secretary respond to a request for
reconsideration of a decision involving a self-

governance compact?
§1000.438

May Tribes/Consortia appeal Department
decisions to a Federal court?

Subpart S—CONFLICTS OF INTEREST
§1000.460

What is an organizational conflict of interest?

§1000.461

What must a Tribe/Consortium do if an
organizational conflict of interest arises under an
AFA?

§1000.462

When must a Tribe/Consortium regulate its
employees or subcontractors to avoid a personal
conflict of interest?

§1000.463

What types of personal conflicts of interest
involving tribal officers, employees or
subcontractors would have to be regulated by a
Tribe/Consortium?

§1000.464

What personal conflicts of interest must the
standards of conduct regulate?

§1000.465

May a Tribe/Consortium negotiate AFA
provisions on conflicts of interest to take the
place of this subpart?

Appendix

Appendix A to Part 1000—Model

Compact of SelfGovernance Between the Tribe and the
Department of the Interior