CFR /  Title 25  /  Part 1000: Annual Funding Agreements Under The Tribal Self-Government Act Amendments To The Indian Self-Determination And Education Act

Section No.	Description
Section 1000.1	Definitions
Section 1000.2	Purpose and scope
Section 1000.3	Policy statement
Section 1000.4	What is the purpose of this subpart?
Section 1000.10	What is the ``applicant pool''?
Section 1000.11	What is a ``signatory''?
Section 1000.12	What is a ``nonsignatory Tribe''?
Section 1000.13	Who is eligible to participate in Tribal self-governance?
Section 1000.14	How many additional Tribes/Consortia may participate in self-governance per year?
Section 1000.15	What criteria must a Tribe/Consortium satisfy to be eligible admission to the ``applicant pool''?
Section 1000.16	What documents must a Tribe/Consortium submit to OSG to apply for admission to the applicant pool?
Section 1000.17	May a Consortium member Tribe withdraw from the Consortium and become a member of the applicant pool?
Section 1000.18	What is done during the ``planning phase''?
Section 1000.19	What is required in a planning report?
Section 1000.20	When does a Tribe/Consortium have a ``material audit exception''?
Section 1000.21	What are the consequences of having a material audit exception?
Section 1000.22	How is a Tribe/Consortium admitted to the applicant pool?
Section 1000.23	When does OSG accept applications to become a member of the applicant pool?
Section 1000.24	What are the deadlines for a Tribe/Consortium in the applicant pool to negotiate a compact and annual funding agreement (AFA)?
Section 1000.25	Under what circumstances will a Tribe/Consortium be removed from the applicant pool?
Section 1000.26	How does the Director select which Tribes in the applicant pool become self-governance Tribes?
Section 1000.27	What happens if an application is not complete?
Section 1000.28	What happens if a Tribe/Consortium is selected from the applicant pool but does not execute a compact and an AFA during the
Section 1000.29	May a Tribe/Consortium be selected to negotiate an AFA under section 403(b)(2) without having or negotiating an AFA under
Section 1000.30	May a Tribe/Consortium be selected to negotiate an AFA under section 403(c) without negotiating an AFA under section 403(b)(1)
Section 1000.31	What happens when a Tribe wishes to withdraw from a Consortium annual funding agreement?
Section 1000.32	What amount of funding is to be removed from the Consortium's AFA for the withdrawing Tribe?
Section 1000.33	What happens if there is a dispute between the Consortium and the withdrawing Tribe?
Section 1000.34	When a Tribe withdraws from a Consortium, is the Secretary required to award to the withdrawing Tribe a portion of funds associated
Section 1000.35	What is the purpose of this subpart?
Section 1000.40	What types of grants are available?
Section 1000.41	Will grants always be made available to meet the planning phase requirement as described in section 402(d) of the Act?
Section 1000.42	May a Tribe/Consortium use its own resources to meet its self-governance planning and negotiation expenses?
Section 1000.43	What happens if there are insufficient funds to meet the Tribal requests for planning/negotiation grants in any given year?
Section 1000.44	How many grants will the Department make each year and what funding will be available?
Section 1000.45	Which Tribes/Consortia may be selected to receive a negotiation grant?
Section 1000.46	What must a Tribe/Consortium do to receive a negotiation grant?
Section 1000.47	What must a Tribe do if it does not wish to receive a negotiation grant?
Section 1000.48	Who can apply for an advance planning grant?
Section 1000.49	What must a Tribe/Consortium seeking a planning grant submit in order to meet the planning phase requirements?
Section 1000.50	How will Tribes/Consortia know when and how to apply for planning grants?
Section 1000.51	What criteria will the Director use to award advance planning grants?
Section 1000.52	Can Tribes/Consortia that receive advance planning grants also apply for a negotiation grant?
Section 1000.53	How will a Tribe/Consortium know whether or not it has been selected to receive an advance planning grant?
Section 1000.54	Can a Tribe/Consortium appeal within DOI the Director's decision not to award a grant under this subpart?
Section 1000.55	What is the purpose of this subpart?
Section 1000.60	Are other funds available to self-governance Tribes/Consortia for planning and negotiating with non-BIA bureaus?
Section 1000.61	Who can apply to OSG for grants to plan and negotiate non-BIA programs?
Section 1000.62	Under what circumstances may planning and negotiation grants be awarded to Tribes/Consortia?
Section 1000.63	How does the Tribe/Consortium know when and how to apply to OSG for a planning and negotiation grant?
Section 1000.64	What kinds of activities do planning and negotiation grants support?
Section 1000.65	What must be included in the application?
Section 1000.66	How will the Director award planning and negotiation grants?
Section 1000.67	May non-BIA bureaus provide technical assistance to a Tribe/Consortium in drafting its planning grant application?
Section 1000.68	How can a Tribe/Consortium obtain comments or selection documents received or utilized after OSG has made a decision on a
Section 1000.69	What criteria will the Director use to rank the applications and how many maximum points can be awarded for each criterion?
Section 1000.70	Can an applicant appeal a decision not to award a grant?
Section 1000.71	Will OSG notify Tribes/Consortia and affected non-BIA bureaus of the results of the selection process?
Section 1000.72	Once a Tribe/Consortium has been awarded a grant, may the Tribe/Consortium obtain information from a non-BIA bureau?
Section 1000.73	What is the purpose of this subpart?
Section 1000.80	What is an annual funding agreement (AFA)?
Section 1000.81	What types of provisions must be included in a BIA AFA?
Section 1000.82	Can additional provisions be included in an AFA?
Section 1000.83	Does a Tribe/Consortium have the right to include provisions of Title I of Pub
Section 1000.84	Can a Tribe/Consortium negotiate an AFA with a term that exceeds one year?
Section 1000.85	What types of programs may be included in an AFA?
Section 1000.86	How does the AFA specify the services provided, functions performed, and responsibilities assumed by the Tribe/Consortium and those
Section 1000.87	Do Tribes/Consortia need Secretarial approval to redesign BIA programs that the Tribe/Consortium administers under an AFA?
Section 1000.88	Can the terms and conditions in an AFA be amended during the year it is in effect?
Section 1000.89	What happens if an AFA expires before the effective date of the successor AFA?
Section 1000.90	What funds must be transferred to a Tribe/Consortium under an AFA?
Section 1000.91	What funds may not be included in an AFA?
Section 1000.92	May the Secretary place any requirements on programs and funds that are otherwise available to Tribes/Consortia or Indians
Section 1000.93	What are BIA residual funds?
Section 1000.94	How is BIA's residual determined?
Section 1000.95	May a Tribe/Consortium continue to negotiate an AFA pending an appeal of residual functions or amounts?
Section 1000.96	What is a Tribal share?
Section 1000.97	How does BIA determine a Tribe's/Consortium's share of funds to be included in an AFA?
Section 1000.98	Can a Tribe/Consortium negotiate a Tribal share for programs outside its region/agency?
Section 1000.99	May a Tribe/Consortium obtain discretionary or competitive funding that is distributed on a discretionary or
Section 1000.100	Are all funds identified as Tribal shares always paid to the Tribe/Consortium under an AFA?
Section 1000.101	How are savings that result from downsizing allocated?
Section 1000.102	Do Tribes/Consortia need Secretarial approval to reallocate funds between programs that the Tribe/Consortium administers
Section 1000.103	Can funding amounts negotiated in an AFA be adjusted during the year it is in effect?
Section 1000.104	What are self-governance base budgets?
Section 1000.105	Once a Tribe/Consortium establishes a base budget, are funding amounts renegotiated each year?
Section 1000.106	Must a Tribe/Consortium with a base budget or base budget-eligible program amounts negotiated before January 16, 2001
Section 1000.107	How are self-governance base budgets established?
Section 1000.108	How are self-governance base budgets adjusted?
Section 1000.109	What is the purpose of this subpart?
Section 1000.120	What is an annual funding agreement for a non-BIA program?
Section 1000.121	What non-BIA programs are eligible for inclusion in an annual funding agreement?
Section 1000.122	Are there non-BIA programs for which the Secretary must negotiate for inclusion in an AFA subject to such terms as the
Section 1000.123	What programs are included under Section 403(b)(2) of the Act?
Section 1000.124	What programs are included under Section 403(c)?
Section 1000.125	What does ``special geographic, historical or cultural'' mean?
Section 1000.126	Under Section 403(b)(2), when must programs be awarded non-competitively?
Section 1000.127	Is there a contracting preference for programs of special geographic, historical, or cultural significance?
Section 1000.128	Are there any programs that may not be included in an AFA?
Section 1000.129	Does a Tribe/Consortium need to be identified in an authorizing statute in order for a program or element of a program
Section 1000.130	Will Tribes/Consortia participate in the Secretary's determination of what is to be included on the annual list of
Section 1000.131	How will the Secretary consult with Tribes/Consortia in developing the list of available programs?
Section 1000.132	What else is on the list in addition to eligible programs?
Section 1000.133	May a bureau negotiate with a Tribe/Consortium for programs not specifically included on the annual section 405(c) list?
Section 1000.134	How will a bureau negotiate an annual funding agreement for a program of special geographic, historical, or cultural significance to more
Section 1000.135	When will this determination be made?
Section 1000.136	What funds are included in an AFA?
Section 1000.137	How are indirect cost rates determined?
Section 1000.138	Will the established indirect cost rates always apply to new AFAs?
Section 1000.139	How does the Secretary determine the amount of indirect contract support costs?
Section 1000.140	Is there a predetermined cap or limit on indirect cost rates or a fixed formula for calculating indirect cost rates?
Section 1000.141	Instead of the negotiated indirect cost rate, is it possible to establish a fixed amount or another negotiated rate for indirect costs where
Section 1000.142	May the bureaus negotiate terms to be included in an AFA for non-Indian programs?
Section 1000.143	Can a Tribe reallocate funds for a non-BIA non-Indian program?
Section 1000.144	Do Tribes/Consortia need Secretarial approval to reallocate funds between Title-I eligible programs that the Tribe/Consortium administers
Section 1000.145	Can a Tribe/Consortium negotiate an AFA with a non-BIA bureau for which the performance period exceeds one year?
Section 1000.146	Can the terms and conditions in a non-BIA AFA be amended during the year it is in effect?
Section 1000.147	What happens if an AFA expires before the effective date of the successor AFA?
Section 1000.148	What is the purpose of this subpart?
Section 1000.160	What is a self-governance compact?
Section 1000.161	What is included in a self-governance compact?
Section 1000.162	Can a Tribe/Consortium negotiate other terms and conditions not contained in the model compact?
Section 1000.163	Can a Tribe/Consortium have an AFA without entering into a compact?
Section 1000.164	Are provisions in compacts negotiated before January 16, 2001, effective after implementation?
Section 1000.165	What are the phases of the negotiation process?
Section 1000.166	Who may initiate the information phase?
Section 1000.167	Is it mandatory to go through the information phase before initiating the negotiation phase?
Section 1000.168	How does a Tribe/Consortium initiate the information phase?
Section 1000.169	What is the letter of interest?
Section 1000.170	When should a Tribe/Consortium submit a letter of interest?
Section 1000.171	What steps does the bureau take after a letter of interest is submitted by a Tribe/Consortium?
Section 1000.172	How does a newly selected Tribe/Consortium initiate the negotiation phase?
Section 1000.173	How and when does the bureau respond to a request to negotiate?
Section 1000.174	What is the process for conducting the negotiation phase?
Section 1000.175	What issues must the bureau and the Tribe/Consortium address at negotiation meetings?
Section 1000.176	What happens when the AFA is signed?
Section 1000.177	When does the AFA become effective?
Section 1000.178	What happens if the Tribe/Consortium and bureau negotiators fail to reach an agreement?
Section 1000.179	What is a successor AFA?
Section 1000.180	How does the Tribe/Consortium initiate the negotiation of a successor AFA?
Section 1000.181	What is the process for negotiating a successor AFA?
Section 1000.182	What is the purpose of this subpart?
Section 1000.190	To whom does this subpart apply?
Section 1000.191	What services, contracts, or funds are protected under section 406(a)?
Section 1000.192	Who may raise the issue of limitation or reduction of services, contracts, or funding?
Section 1000.193	When must BIA raise the issue of limitation or reduction of services, contracts, or funding?
Section 1000.194	When must an affected Tribe/Consortium or Tribal organization raise the issue of a limitation or reduction of services, contracts, or funding
Section 1000.195	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
Section 1000.196	How will BIA resolve a claim?
Section 1000.197	How must a limitation or reduction in services, contracts, or funds be remedied?
Section 1000.198	When does a non-BIA bureau use a public consultation process related to the negotiation of an AFA?
Section 1000.210	Will the bureau contact the Tribe/Consortium before initiating public consultation process for a non-BIA AFA under negotiation?
Section 1000.211	What is the role of the Tribe/Consortium when a bureau initiates a public meeting?
Section 1000.212	What should the bureau do if it is invited to attend a meeting with respect to the Tribe's/Consortium's proposed AFA?
Section 1000.213	Will the bureau and the Tribe/Consortium share information concerning inquiries about the Tribes/Consortia and the AFA?
Section 1000.214	What regulations apply to self-governance Tribes?
Section 1000.220	Can the Secretary grant a waiver of regulations to a Tribe/Consortium?
Section 1000.221	How does a Tribe/Consortium obtain a waiver?
Section 1000.222	When can a Tribe/Consortium request a waiver of a regulation?
Section 1000.223	How can a Tribe/Consortium expedite the review of a regulation waiver request?
Section 1000.224	Are meetings or discussions mandatory?
Section 1000.225	On what basis may the Secretary deny a waiver request?
Section 1000.226	What happens if the Secretary denies the waiver request?
Section 1000.227	What are examples of waivers prohibited by law?
Section 1000.228	May a Tribe/Consortium propose a substitute for a regulation it wishes to be waived?
Section 1000.229	How is a waiver approval documented for the record?
Section 1000.230	How does a Tribe/Consortium request reconsideration of the Secretary's denial of a waiver?
Section 1000.231	When must DOI respond to a request for reconsideration?
Section 1000.232	What construction programs included in an AFA are subject to this subpart?
Section 1000.240	Does this subpart create an agency relationship?
Section 1000.241	What provisions relating to a construction program may be included in an AFA?
Section 1000.242	What special provisions must be included in an AFA that contains a construction program?
Section 1000.243	May the Secretary suspend construction activities under an AFA?
Section 1000.244	May a Tribe/Consortium continue work with construction funds remaining in an AFA at the end of the funding year?
Section 1000.245	Must an AFA that contains a construction project or activity incorporate provisions of Federal construction standards?
Section 1000.246	May the Secretary require design provisions and other terms and conditions for construction programs or activities included
Section 1000.247	What is the Tribe's/Consortium's role in a construction program included in an AFA?
Section 1000.248	What is the Secretary's role in a construction program in an AFA?
Section 1000.249	How are property and funding returned if there is a reassumption for substantial failure to carry out an AFA?
Section 1000.250	What happens when a Tribe/Consortium is suspended for substantial failure to carry out the terms of an AFA without good cause
Section 1000.251	Do all provisions of other subparts apply to construction portions of AFAs?
Section 1000.252	When a Tribe withdraws from a Consortium, is the Secretary required to award to the withdrawing Tribe a portion of funds associated
Section 1000.253	May a Tribe/Consortium reallocate funds from a construction program to a non-construction program?
Section 1000.254	May a Tribe/Consortium reallocate funds among construction programs?
Section 1000.255	Must the Secretary retain project funds to ensure proper health and safety standards in construction projects?
Section 1000.256	What does this subpart cover?
Section 1000.270	What other statutes and regulations apply to FTCA coverage?
Section 1000.271	Do Tribes/Consortia need to be aware of areas which FTCA does not cover?
Section 1000.272	Is there a deadline for filing FTCA claims?
Section 1000.273	How long does the Federal government have to process a FTCA claim after the claim is received by the Federal agency, before a
Section 1000.274	Is it necessary for a self-governance AFA to include any clauses about FTCA coverage?
Section 1000.275	Does FTCA apply to a self-governance AFA if FTCA is not referenced in the AFA?
Section 1000.276	To what extent shall the Tribe/Consortium cooperate with the Federal government in connection with tort claims arising out of
Section 1000.277	Does this coverage extend to subcontractors of self-governance AFAs?
Section 1000.278	Is FTCA the exclusive remedy for a tort claim, including a claim concerning personal injury or death, resulting from the performance
Section 1000.279	What employees are covered by FTCA for medical-related claims?
Section 1000.280	Does FTCA cover employees of the Tribe/Consortium who are paid by the Tribe/Consortium from funds other than those provided through the self-
Section 1000.281	May persons who are not Indians or Alaska Natives assert claims under FTCA?
Section 1000.282	If the Tribe/Consortium or Tribe's/Consortium's employee receives a summons and/or a complaint alleging a tort covered by FTCA,
Section 1000.283	What is the purpose of this subpart?
Section 1000.300	When may the Secretary reassume a Federal program operated by a Tribe/Consortium under an AFA?
Section 1000.301	What is imminent jeopardy to natural resources?
Section 1000.303	What is imminent jeopardy to public health and safety?
Section 1000.304	In an imminent jeopardy situation, what must the Secretary do?
Section 1000.305	Must the Secretary always reassume a program, upon a finding of imminent jeopardy?
Section 1000.306	What happens if the Secretary's designated representative determines that the Tribe/Consortium cannot mitigate the conditions within
Section 1000.307	What will the notice of reassumption include?
Section 1000.308	How much time will a Tribe/Consortium have to respond to a notice of imminent jeopardy?
Section 1000.309	What information must the Tribe's/Consortium's response contain?
Section 1000.310	How will the Secretary reply to the Tribe's/Consortium's response?
Section 1000.311	What happens if the Secretary accepts the Tribe's/Consortium's proposed measures?
Section 1000.312	What happens if the Secretary does not accept the Tribe's/Consortium's proposed measures?
Section 1000.313	What must a Tribe/Consortium do when a program is reassumed?
Section 1000.314	When must the Tribe/Consortium return funds to the Department?
Section 1000.315	May the Tribe/Consortium be reimbursed for actual and reasonable ``wind up costs'' incurred after the effective date of
Section 1000.316	Is a Tribe's/Consortium's general right to negotiate an AFA adversely affected by a reassumption action?
Section 1000.317	When will the Secretary return management of a reassumed program?
Section 1000.318	What is the purpose of this subpart?
Section 1000.330	Is a decision by a Tribe/Consortium not to include a program in a successor agreement considered a retrocession?
Section 1000.331	Who may retrocede a program in an AFA?
Section 1000.332	How does a Tribe/Consortium retrocede a program?
Section 1000.333	When will the retrocession become effective?
Section 1000.334	How will retrocession affect the Tribe's/Consortium's existing and future AFAs?
Section 1000.335	Does the Tribe/Consortium have to return funds used in the operation of a retroceded program?
Section 1000.336	Does the Tribe/Consortium have to return property used in the operation of a retroceded program?
Section 1000.337	What happens to a Tribe's/Consortium's mature contract status if it has retroceded a program that is also available for
Section 1000.338	How does retrocession affect a bureau's operation of the retroceded program?
Section 1000.339	What is the purpose of this subpart?
Section 1000.350	Does the Tribal Self-Governance Act of 1994 alter the trust responsibility of the United States to Indian Tribes and
Section 1000.351	What are ``trust resources'' for the purposes of the trust evaluation process?
Section 1000.352	What are ``trust functions'' for the purposes of the trust evaluation process?
Section 1000.353	What is a trust evaluation?
Section 1000.354	How are trust evaluations conducted?
Section 1000.355	May the trust evaluation process be used for additional reviews?
Section 1000.356	May the parties negotiate standards of review for purposes of the trust evaluation?
Section 1000.357	Can an initial review of the status of the trust asset be conducted?
Section 1000.358	What are the responsibilities of the Secretary's designated representative(s) after the annual trust evaluation?
Section 1000.359	Is the trust evaluation standard or process different when the trust asset is held in trust for an individual Indian or Indian allottee?
Section 1000.360	Will the annual review include a review of the Secretary's residual trust functions?
Section 1000.361	What are the consequences of a finding of imminent jeopardy in the annual trust evaluation?
Section 1000.362	What if the trust evaluation reveals problems that do not rise to the level of imminent jeopardy?
Section 1000.363	Who is responsible for corrective action?
Section 1000.364	What are the requirements of the review team report?
Section 1000.365	Can the Department conduct more than one trust evaluation per Tribe per year?
Section 1000.366	Will the Department evaluate a Tribe's/Consortium's performance of non-trust related programs?
Section 1000.367	What is the purpose of this subpart?
Section 1000.380	How is information about self-governance developed and reported?
Section 1000.381	What may the Tribe's/Consortium's annual report on self-governance address?
Section 1000.382	How can a Tribe/Consortium hire a Federal employee to help implement an AFA?
Section 1000.390	Can a Tribe/Consortium employee be detailed to a Federal service position?
Section 1000.391	How does the Freedom of Information Act apply?
Section 1000.392	How does the Privacy Act apply?
Section 1000.393	What audit requirements must a self-governance Tribe/Consortium follow?
Section 1000.394	Do OMB circulars and revisions apply to self-governance funding agreements?
Section 1000.395	Does a Tribe/Consortium have additional ongoing requirements to maintain minimum standards for Tribe/Consortium
Section 1000.396	Are there any restrictions on how AFA funds may be spent?
Section 1000.397	May a Tribe/Consortium invest funds received under a self-governance agreement?
Section 1000.398	How may interest or investment income that accrues on AFAs be used?
Section 1000.399	Can a Tribe/Consortium retain savings from programs?
Section 1000.400	Can a Tribe/Consortium carry over funds not spent during the term of the AFA?
Section 1000.401	After a non-BIA AFA has been executed and the funds transferred to a Tribe/Consortium, can a bureau request the return
Section 1000.402	How can a person or group appeal a decision or contest an action related to a program operated by a Tribe/Consortium under
Section 1000.403	Must self-governance Tribes/Consortia comply with the Secretarial approval requirements of 25 U
Section 1000.404	Are AFA funds non-Federal funds for the purpose of meeting matching requirements?
Section 1000.405	Does Indian preference apply to services, activities, programs, and functions performed under a self-governance AFA?
Section 1000.406	Do the wage and labor standards in the Davis-Bacon Act apply to Tribes and Tribal Consortia?
Section 1000.407	Can a Tribe/Consortium use Federal supply sources in the performance of an AFA?
Section 1000.408	Does the Prompt Payment Act (31 U
Section 1000.409	What does ``Title-I eligible programs'' mean in this subpart?
Section 1000.420	What is the purpose of this subpart?
Section 1000.421	How must disputes be handled?
Section 1000.422	Are there any decisions that are not administratively appealable under this subpart?
Section 1000.423	Does a Tribe/Consortium have a right to an informal conference to resolve any disputes?
Section 1000.424	How does a Tribe/Consortium request an informal conference?
Section 1000.425	How is an informal conference held?
Section 1000.426	What happens after the informal conference?
Section 1000.427	How may a Tribe/Consortium appeal a decision made after the AFA or compact or amendment to an AFA or compact has been signed?
Section 1000.428	What statutes and regulations govern resolution of disputes concerning signed AFAs or compacts that are appealed to
Section 1000.429	Who handles appeals regarding reassumption for imminent jeopardy?
Section 1000.430	Does the Equal Access to Justice Act (EAJA) apply to appeals under this subpart?
Section 1000.431	To whom may a Tribe appeal a decision made before the AFA or an amendment to the AFA or compact is signed?
Section 1000.432	When and how must a Tribe/Consortium appeal an adverse pre-award decision?
Section 1000.433	When must the bureau head (or appropriate Assistant Secretary) issue a final decision in the pre-award appeal?
Section 1000.434	When and how will the Assistant Secretary respond to an appeal by a Tribe/Consortium?
Section 1000.435	How may a Tribe/Consortium seek reconsideration of the Secretary's decision involving a self-governance compact?
Section 1000.436	When will the Secretary respond to a request for reconsideration of a decision involving a self-governance compact?
Section 1000.437	May Tribes/Consortia appeal Department decisions to a Federal court?
Section 1000.438	What is an organizational conflict of interest?
Section 1000.460	What must a Tribe/Consortium do if an organizational conflict of interest arises under an AFA?
Section 1000.461	When must a Tribe/Consortium regulate its employees or subcontractors to avoid a personal conflict of interest?
Section 1000.462	What types of personal conflicts of interest involving tribal officers, employees or subcontractors would have to be regulated
Section 1000.463	What personal conflicts of interest must the standards of conduct regulate?
Section 1000.464	May a Tribe/Consortium negotiate AFA provisions on conflicts of interest to take the place of this subpart?
Section 1000.465	Purpose