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Section 137.1
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Congressional policy |
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Section 137.2
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Effect on existing Tribal rights |
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Section 137.3
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May Title V be construed to limit or reduce in any way the funding for any program, project, or activity serving an Indian |
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Section 137.4
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Effect of these regulations on Federal program guidelines, manual, or policy directives |
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Section 137.5
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Secretarial policy |
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Section 137.6
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Definitions |
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Section 137.10
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Who may participate in Tribal Self-Governance? |
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Section 137.15
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What if more than 50 Indian Tribes apply to participate in self-governance? |
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Section 137.16
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May more than one Indian Tribe participate in the same compact and/or funding agreement? |
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Section 137.17
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What criteria must an Indian Tribe satisfy to be eligible to participate in self-governance? |
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Section 137.18
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What is required during the planning phase? |
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Section 137.20
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How does an Indian Tribe demonstrate financial stability and financial management capacity? |
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Section 137.21
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May the Secretary consider uncorrected significant and material audit exceptions identified regarding centralized financial |
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Section 137.22
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For purposes of determining eligibility for participation in self-governance, may the Secretary consider |
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Section 137.23
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Are there grants available to assist the Indian Tribe to meet the requirements to participate in self-governance? |
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Section 137.24
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Are planning and negotiation grants available? |
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Section 137.25
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Must an Indian Tribe receive a planning or negotiation grant to be eligible to participate in self-governance? |
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Section 137.26
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What is a self-governance compact? |
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Section 137.30
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What is included in a compact? |
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Section 137.31
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Is a compact required to participate in self-governance? |
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Section 137.32
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May an Indian Tribe negotiate a funding agreement at the same time it is negotiating a compact? |
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Section 137.33
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May a funding agreement be executed without negotiating a compact? |
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Section 137.34
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What is the term of a self-governance compact? |
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Section 137.35
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What is a funding agreement? |
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Section 137.40
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What PSFAs must be included in a funding agreement? |
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Section 137.41
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What Tribal shares may be included in a funding agreement? |
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Section 137.42
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May a Tribe negotiate and leave funds with IHS for retained services? |
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Section 137.43
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What terms must be included in a funding agreement? |
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Section 137.45
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May additional terms be included in a funding agreement? |
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Section 137.46
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Do any provisions of Title I apply to compacts, funding agreements, and construction project agreements negotiated under Title |
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Section 137.47
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What is the effect of incorporating a Title I provision into a compact or funding agreement? |
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Section 137.48
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What if a Self-Governance Tribe requests such incorporation at the negotiation stage of a compact or funding agreement? |
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Section 137.49
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What is the term of a funding agreement? |
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Section 137.55
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Does a funding agreement remain in effect after the end of its term? |
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Section 137.56
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How is a funding agreement amended during the effective period of the funding agreement? |
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Section 137.57
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May a statutorily mandated grant be added to a funding agreement? |
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Section 137.60
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May a Self-Governance Tribe receive statutorily mandated grant funding in an annual lump sum advance payment? |
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Section 137.65
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May a Self-Governance Tribe keep interest earned on statutorily mandated grant funds? |
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Section 137.66
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How may a Self-Governance Tribe use interest earned on statutorily mandated grant funds? |
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Section 137.67
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May funds from a statutorily mandated grant added to a funding agreement be reallocated? |
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Section 137.68
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May a statutorily mandated grant program added to a funding agreement be redesigned? |
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Section 137.69
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Are the reporting requirements different for a statutorily mandated grant program added to a funding agreement? |
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Section 137.70
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May the Secretary and the Self-Governance Tribe develop separate programmatic reporting requirements for statutorily mandated |
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Section 137.71
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Are Self-Governance Tribes and their employees carrying out statutorily mandated grant programs added to a funding agreement covered |
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Section 137.72
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What provisions of Title V apply to statutorily mandated grants added to the funding agreement? |
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Section 137.73
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What funds must the Secretary transfer to a Self-Governance Tribe in a funding agreement? |
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Section 137.75
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When must the Secretary transfer to a Self-Governance Tribe funds identified in a funding agreement? |
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Section 137.76
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When must the Secretary transfer funds that were not paid as part of the initial lump sum payment? |
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Section 137.77
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May a Self-Governance Tribe negotiate a funding agreement for a term longer or shorter than one year? |
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Section 137.78
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What funds must the Secretary include in a funding agreement? |
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Section 137.79
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Is the Secretary prohibited from failing or refusing to transfer funds that are due to a Self-Governance Tribe under Title V? |
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Section 137.85
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Is the Secretary prohibited from reducing the amount of funds required under Title V to make funding available for self-governance |
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Section 137.86
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May the Secretary reduce the amount of funds due under Title V in subsequent years? |
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Section 137.87
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May the Secretary reduce the amount of funds required under Title V to pay for Federal functions, including Federal pay |
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Section 137.88
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May the Secretary reduce the amount of funds required under Title V to pay for costs of Federal personnel displaced by |
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Section 137.89
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May the Secretary increase the funds required under the funding agreement? |
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Section 137.90
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May a Self-Governance Tribe purchase goods and services from the IHS on a reimbursable basis? |
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Section 137.95
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Does the Prompt Payment Act apply to funds transferred to a Self-Governance Tribe in a compact or funding agreement? |
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Section 137.96
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May a Self-Governance Tribe retain and spend interest earned on any funds paid under a compact or funding agreement? |
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Section 137.100
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What standard applies to a Self-Governance Tribe's management of funds paid under a compact or funding agreement? |
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Section 137.101
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May a Self-Governance Tribe carryover from one year to the next any funds that remain at the end of the funding agreement? |
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Section 137.105
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May a Self-Governance Tribe retain and expend any program income earned pursuant to a compact and funding agreement? |
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Section 137.110
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Is a Self-Governance Tribe obligated to continue performance under a compact or funding agreement if the Secretary |
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Section 137.115
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May a Self-Governance Tribe's funding agreement provide for a stable base budget? |
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Section 137.120
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What funds may be included in a stable base budget amount? |
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Section 137.121
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May a Self-Governance Tribe with a stable base budget receive other funding under its funding agreement? |
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Section 137.122
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Once stable base funding is negotiated, do funding amounts change from year to year? |
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Section 137.123
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Does the effective period of a stable base budget have to be the same as the term of the funding agreement? |
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Section 137.124
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What is covered by this subpart? |
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Section 137.130
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When should a final offer be submitted? |
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Section 137.131
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How does the Indian Tribe submit a final offer? |
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Section 137.132
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What does a final offer contain? |
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Section 137.133
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When does the 45 day review period begin? |
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Section 137.134
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May the Secretary request and obtain an extension of time of the 45 day review period? |
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Section 137.135
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What happens if the agency takes no action within the 45 day review period (or any extensions thereof)? |
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Section 137.136
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If the 45 day review period or extension thereto, has expired, and the Tribes offer is deemed accepted by operation of law, |
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Section 137.137
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Once the Indian Tribe's final offer has been accepted or deemed accepted by operation of law, what is the next step? |
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Section 137.138
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On what basis may the Secretary reject an Indian Tribe's final offer? |
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Section 137.140
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How does the Secretary reject a final offer? |
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Section 137.141
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What is a ``significant danger'' or ``risk'' to the public health? |
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Section 137.142
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How is the funding level to which the Indian Tribe is entitled determined? |
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Section 137.143
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Is technical assistance available to an Indian Tribe to avoid rejection of a final offer? |
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Section 137.144
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If the Secretary rejects a final offer, is the Secretary required to provide the Indian Tribe with technical assistance? |
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Section 137.145
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If the Secretary rejects all or part of a final offer, is the Indian Tribe entitled to an appeal? |
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Section 137.146
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Do those portions of the compact, funding agreement, or amendment not in dispute go into effect? |
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Section 137.147
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Does appealing the decision of the Secretary prevent entering into the compact, funding agreement, or amendment? |
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Section 137.148
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What is the burden of proof in an appeal from rejection of a final offer? |
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Section 137.150
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What constitutes a final agency action? |
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Section 137.155
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Are Self-Governance Tribes required to address potential conflicts of interest? |
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Section 137.160
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Are Self-Governance Tribes required to undertake annual audits? |
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Section 137.165
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Are there exceptions to the annual audit requirements? |
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Section 137.166
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What cost principles must a Self-Governance Tribe follow when participating in self-governance under Title V? |
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Section 137.167
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May the Secretary require audit or accounting standards other than those specified in Sec |
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Section 137.168
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How much time does the Federal Government have to make a claim against a Self-Governance Tribe relating to any disallowance |
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Section 137.169
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When does the 365 day period commence? |
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Section 137.170
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Where do Self-Governance Tribes send their audit reports? |
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Section 137.171
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Should the audit report be sent anywhere else to ensure receipt by the Secretary? |
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Section 137.172
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Does a Self-Governance Tribe have a right of appeal from a disallowance? |
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Section 137.173
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Is a Self-Governance Tribe required to maintain a recordkeeping system? |
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Section 137.175
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Are Tribal records subject to the Freedom of Information Act and Federal Privacy Act? |
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Section 137.176
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Is the Self-Governance Tribe required to make its records available to the Secretary? |
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Section 137.177
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May Self-Governance Tribes store patient records at the Federal Records Centers? |
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Section 137.178
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May a Self-Governance Tribe make agreements with the Federal Records Centers regarding disclosure and release of the |
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Section 137.179
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Are there other laws that govern access to patient records? |
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Section 137.180
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May a Self-Governance Tribe redesign or consolidate the PSFAs that are included in a funding agreement and reallocate or |
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Section 137.185
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Is a Self-Governance Tribe that receives funds under Title V also entitled to contract under section 102 of the Act [25 |
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Section 137.190
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Are there reporting requirements for Self-Governance Tribes under Title V? |
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Section 137.200
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What are the purposes of the Tribal reporting requirements? |
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Section 137.201
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What types of information will Self-Governance Tribes be expected to include in the reports? |
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Section 137.202
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May a Self-Governance Tribe participate in a voluntary national uniform data collection effort with the IHS? |
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Section 137.203
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How will this voluntary national uniform data set be developed? |
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Section 137.204
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Will this voluntary uniform data set reporting activity be required of all Self-Governance Tribes entering into a compact |
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Section 137.205
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Why does the IHS need this information? |
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Section 137.206
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Will funding be provided to the Self-Governance Tribe to compensate for the costs of reporting? |
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Section 137.207
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What happens if self-governance activities under Title V reduce the administrative or other responsibilities of |
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Section 137.210
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How does a Self-Governance Tribe learn whether self-governance activities have resulted in savings as described |
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Section 137.211
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How does a Self-Governance Tribe obtain title to real and personal property furnished by the Federal Government for use in |
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Section 137.215
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May funds provided under compacts, funding agreements, or grants made pursuant to Title V be treated as non-Federal funds for |
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Section 137.217
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Do section 314 of Public Law 101-512 [25 U |
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Section 137.220
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What regulations may be waived under Title V? |
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Section 137.225
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How does a Self-Governance Tribe request a waiver? |
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Section 137.226
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How much time does the Secretary have to act on a waiver request? |
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Section 137.227
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Upon what basis may the waiver request be denied? |
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Section 137.228
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What happens if the Secretary neither approves or denies a waiver request within the time specified in Sec |
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Section 137.229
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Is the Secretary's decision on a waiver request final for the Department? |
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Section 137.230
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May a Self-Governance Tribe appeal the Secretary's decision to deny its request for a waiver of a regulation |
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Section 137.231
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May an Indian Tribe withdraw from a participating inter-Tribal consortium or Tribal organization? |
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Section 137.235
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When does a withdrawal become effective? |
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Section 137.236
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How are funds redistributed when an Indian Tribe fully or partially withdraws from a compact or funding agreement and elects |
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Section 137.237
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How are funds distributed when an Indian Tribe fully or partially withdraws from a compact or funding agreement administered |
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Section 137.238
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If the withdrawing Indian Tribe elects to operate PSFAs carried out under a compact or funding agreement under Title V through |
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Section 137.239
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What is retrocession? |
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Section 137.245
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How does a Self-Governance Tribe retrocede a PSFA? |
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Section 137.246
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What is the effective date of a retrocession? |
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Section 137.247
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What effect will a retrocession have on a retroceding Self-Governance Tribe's rights to contract or compact under the Act? |
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Section 137.248
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Will retrocession adversely affect funding available for the retroceded program? |
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Section 137.249
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How are funds distributed when a Self-Governance Tribe fully or partially retrocedes from its compact or funding agreement? |
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Section 137.250
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What does reassumption mean? |
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Section 137.255
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Under what circumstances may the Secretary reassume a program, service, function, or activity (or portion thereof)? |
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Section 137.256
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What steps must the Secretary take prior to reassumption becoming effective? |
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Section 137.257
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Does the Self-Governance Tribe have a right to a hearing prior to a non-immediate reassumption becoming effective? |
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Section 137.258
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What happens if the Secretary determines that the Self-Governance Tribe has not corrected the conditions that the |
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Section 137.259
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What is the earliest date on which a reassumption can be effective? |
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Section 137.260
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Does the Secretary have the authority to immediately reassume a PSFA? |
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Section 137.261
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If the Secretary reassumes a PSFA immediately, when must the Secretary provide the Self-Governance Tribe with a hearing? |
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Section 137.262
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May the Secretary provide a grant to a Self-Governance Tribe for technical assistance to overcome conditions identified under |
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Section 137.263
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To what extent may the Secretary require the Self-Governance Tribe to return property that was provided by the |
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Section 137.264
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May a Tribe be reimbursed for actual and reasonable close out costs incurred after the effective date of reassumption? |
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Section 137.265
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What is covered by this subpart? |
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Section 137.270
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Why is there a separate subpart in these regulations for construction project agreements? |
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Section 137.271
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What other alternatives are available for Self-Governance Tribes to perform construction projects? |
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Section 137.272
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What are IHS construction PSFAs? |
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Section 137.273
|
Does this subpart cover construction programs? |
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Section 137.274
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May Self-Governance Tribes include IHS construction programs in a construction project agreement or in a funding agreement? |
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Section 137.275
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Construction Definitions |
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Section 137.280
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Are Self-Governance Tribes required to accept Federal environmental responsibilities to enter into a construction project |
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Section 137.285
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Do Self-Governance Tribes become Federal agencies when they assume these Federal environmental responsibilities? |
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Section 137.286
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What is the National Environmental Policy Act (NEPA)? |
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Section 137.287
|
What is the National Historic Preservation Act (NHPA)? |
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Section 137.288
|
What is a Federal undertaking under NHPA? |
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Section 137.289
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What additional provisions of law are related to NEPA and NHPA? |
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Section 137.290
|
May Self-Governance Tribes carry out construction projects without assuming these Federal environmental responsibilities? |
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Section 137.291
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How do Self-Governance Tribes assume environmental responsibilities for construction projects under section 509 of |
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Section 137.292
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Are Self-Governance Tribes required to adopt a separate resolution or take equivalent Tribal action to assume environmental |
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Section 137.293
|
What is the typical IHS environmental review process for construction projects? |
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Section 137.294
|
May Self-Governance Tribes elect to develop their own environmental review process? |
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Section 137.295
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How does a Self-Governance Tribe comply with NEPA and NHPA? |
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Section 137.296
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If the environmental review procedures of a Federal agency are adopted by a Self-Governance Tribe, is the Self-Governance Tribe |
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Section 137.297
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Are Self-Governance Tribes required to comply with Executive Orders to fulfill their environmental responsibilities |
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Section 137.298
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Are Federal funds available to cover the cost of Self-Governance Tribes carrying out environmental responsibilities? |
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Section 137.299
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Since Federal environmental responsibilities are new responsibilities, which may be assumed by Tribes under section 509 |
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Section 137.300
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How are project and program environmental review costs identified? |
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Section 137.301
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Are Federal funds available to cover start-up costs associated with initial Tribal assumption of environmental |
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Section 137.302
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Are Federal or other funds available for training associated with Tribal assumption of environmental responsibilities? |
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Section 137.303
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May Self-Governance Tribes buy back environmental services from the IHS? |
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Section 137.304
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May Self-Governance Tribes act as lead, cooperating, or joint lead agencies for environmental review purposes? |
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Section 137.305
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How are Self-Governance Tribes recognized as having lead, cooperating, or joint lead agency status? |
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Section 137.306
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What Federal environmental responsibilities remain with the Secretary when a Self-Governance Tribe assumes Federal environmental |
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Section 137.307
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Does the Secretary have any enforcement authority for Federal environmental responsibilities assumed by Tribes under |
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Section 137.308
|
How are NEPA and NHPA obligations typically enforced? |
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Section 137.309
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Are Self-Governance Tribes required to grant a limited waiver of their sovereign immunity to assume Federal environmental |
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Section 137.310
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Are Self-Governance Tribes entitled to determine the nature and scope of the limited immunity waiver required under section |
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Section 137.311
|
Who is the proper defendant in a civil enforcement action under section 509(a)(2) of the Act [25 U |
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Section 137.312
|
Is the Secretary required to consult with affected Indian Tribes concerning construction projects and programs? |
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Section 137.320
|
How do Indian Tribes and the Secretary identify and request funds for needed construction projects? |
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Section 137.321
|
Is the Secretary required to notify an Indian Tribe that funds are available for a construction project or a phase |
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Section 137.322
|
What does a Self-Governance Tribe do if it wants to perform a construction project under section 509 of the Act |
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Section 137.325
|
What must a Tribal proposal for a construction project agreement contain? |
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Section 137.326
|
May multiple projects be included in a single construction project agreement? |
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Section 137.327
|
Must a construction project proposal incorporate provisions of Federal construction guidelines and manuals? |
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Section 137.328
|
What environmental considerations must be included in the construction project agreement? |
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Section 137.329
|
What happens if the Self-Governance Tribe and the Secretary cannot develop a mutually agreeable construction project |
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Section 137.330
|
May the Secretary reject a final construction project proposal based on a determination of Tribal capacity or capability? |
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Section 137.331
|
On what basis may the Secretary reject a final construction project proposal? |
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Section 137.332
|
What procedures must the Secretary follow if the Secretary rejects a final construction project proposal, in whole |
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Section 137.333
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What happens if the Secretary fails to notify the Self-Governance Tribe of a decision to approve or reject a final |
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Section 137.334
|
What costs may be included in the budget for a construction agreement? |
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Section 137.335
|
What is the difference between fixed-price and cost-reimbursement agreements? |
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Section 137.336
|
What funding must the Secretary provide in a construction project agreement? |
|
Section 137.337
|
Must funds from other sources be incorporated into a construction project agreement? |
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Section 137.338
|
May a Self-Governance Tribe use project funds for matching or cost participation requirements under other Federal |
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Section 137.339
|
May a Self-Governance Tribe contribute funding to a project? |
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Section 137.340
|
How will a Self-Governance Tribe receive payment under a construction project agreement? |
|
Section 137.341
|
What happens to funds remaining at the conclusion of a cost reimbursement construction project? |
|
Section 137.342
|
What happens to funds remaining at the conclusion of a fixed price construction project? |
|
Section 137.343
|
May a Self-Governance Tribe reallocate funds among construction project agreements? |
|
Section 137.344
|
Is a Self-Governance Tribe responsible for completing a construction project in accordance with the negotiated |
|
Section 137.350
|
Is a Self-Governance Tribe required to submit construction project progress and financial reports for |
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Section 137.351
|
What is contained in a construction project progress report? |
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Section 137.352
|
What is contained in a construction project financial report? |
|
Section 137.353
|
Does the Secretary approve project planning and design documents prepared by the Self-Governance Tribe? |
|
Section 137.360
|
Does the Secretary have any other opportunities to approve planning or design documents prepared by the Self-Governance |
|
Section 137.361
|
May construction project agreements be amended? |
|
Section 137.362
|
What is the procedure for the Secretary's review and approval of amendments? |
|
Section 137.363
|
What constitutes a significant change in the original scope of work? |
|
Section 137.364
|
What is the procedure for the Secretary's review and approval of project planning and design documents submitted by the |
|
Section 137.365
|
May the Secretary conduct onsite project oversight visits? |
|
Section 137.366
|
May the Secretary issue a stop work order under a construction project agreement? |
|
Section 137.367
|
Is the Secretary responsible for oversight and compliance of health and safety codes during construction projects |
|
Section 137.368
|
Do all provisions of this part apply to construction project agreements under this subpart? |
|
Section 137.370
|
Who takes title to real property purchased with funds provided under a construction project agreement? |
|
Section 137.371
|
Does the Secretary have a role in the fee-to-trust process when real property is purchased with construction project |
|
Section 137.372
|
Do Federal real property laws, regulations and procedures that apply to the Secretary also apply to |
|
Section 137.373
|
Does the Secretary have a role in reviewing or monitoring a Self-Governance Tribe's actions in acquiring or |
|
Section 137.374
|
Are Tribally-owned facilities constructed under section 509 of the Act [25 U |
|
Section 137.375
|
Are design and construction projects performed by Self-Governance Tribes under section 509 of the Act |
|
Section 137.376
|
Do Federal procurement laws and regulations apply to construction project agreements performed under section 509 of |
|
Section 137.377
|
Do the Federal Davis-Bacon Act and wage rates apply to construction projects performed by Self-Governance Tribes using |
|
Section 137.378
|
Do Davis-Bacon wage rates apply to construction projects performed by Self-Governance Tribes using Federal funds? |
|
Section 137.379
|
What role does Tribal consultation play in the IHS annual budget request process? |
|
Section 137.401
|
Is the Secretary required to report to Congress on administration of Title V and the funding requirements presently |
|
Section 137.405
|
In compiling reports pursuant to this section, may the Secretary impose any reporting requirements on Self-Governance Tribes, |
|
Section 137.406
|
What guidelines will be used by the Secretary to compile information required for the report? |
|
Section 137.407
|
For the purposes of section 110 of the Act [25 U |
|
Section 137.410
|
Do the regulations at 25 CFR Part 900, Subpart N apply to compacts, funding agreements, and construction project agreements |
|
Section 137.412
|
What decisions may an Indian Tribe appeal under Sec |
|
Section 137.415
|
Do Sec |
|
Section 137.416
|
What procedures apply to Interior Board of Indian Appeals (IBIA) proceedings? |
|
Section 137.417
|
How does an Indian Tribe know where and when to file its appeal from decisions made by IHS? |
|
Section 137.418
|
What authority does the IBIA have under Sec |
|
Section 137.419
|
Does an Indian Tribe have any options besides an appeal? |
|
Section 137.420
|
How does an Indian Tribe request an informal conference? |
|
Section 137.421
|
How is an informal conference held? |
|
Section 137.422
|
What happens after the informal conference? |
|
Section 137.423
|
Is the recommended decision from the informal conference final for the Secretary? |
|
Section 137.424
|
How does an Indian Tribe appeal the initial decision if it does not request an informal conference or if it does not |
|
Section 137.425
|
May an Indian Tribe get an extension of time to file a notice of appeal? |
|
Section 137.426
|
What happens after an Indian Tribe files an appeal? |
|
Section 137.427
|
How is a hearing arranged? |
|
Section 137.428
|
What happens when a hearing is necessary? |
|
Section 137.429
|
What is the Secretary's burden of proof for appeals covered by Sec |
|
Section 137.430
|
What rights do Indian Tribes and the Secretary have during the appeal process? |
|
Section 137.431
|
What happens after the hearing? |
|
Section 137.432
|
Is the recommended decision always final? |
|
Section 137.433
|
If an Indian Tribe objects to the recommended decision, what will the Secretary do? |
|
Section 137.434
|
Will an appeal adversely affect the Indian Tribe's rights in other compact, funding negotiations, or construction |
|
Section 137.435
|
Will the decisions on appeal be available for the public to review? |
|
Section 137.436
|
What happens in the case of an immediate reassumption under section 507(a)(2)(C) of the Act [25 U |
|
Section 137.440
|
Will there be a hearing? |
|
Section 137.441
|
What happens after the hearing? |
|
Section 137.442
|
Is the recommended decision always final? |
|
Section 137.443
|
If a Self-Governance Tribe objects to the recommended decision, what action will the Secretary take? |
|
Section 137.444
|
Will an immediate reassumption appeal adversely affect the Self-Governance Tribe's rights in other self-governance |
|
Section 137.445
|
Does the Equal Access to Justice Act (EAJA) apply to appeals under this subpart? |
|
Section 137.450
|
General definitions |