|
|
|
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
|
|||
 |
 | 1000.1 | Authority. |
|
|
| 1000.2 | Definitions. |
|
|
| 1000.3 | Purpose and scope. |
|
|
| 1000.4 | Policy statement. |
|
|
| 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''? |
|
|
| 1000.14 | Who is eligible to participate in Tribal self-governance? |
|
|
| 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''? |
|
|
| 1000.22 | What are the consequences of having a material audit exception? |
|
|
| 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)? |
|
|
| 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? |
|
|
| 1000.40 | What is the purpose of this subpart? |
|
|
| 1000.41 | What types of grants are available? |
|
|
| 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? |
|
|
| 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? |
|
|
| 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? |
|
|
| 1000.60 | What is the purpose of this subpart? |
|
|
| 1000.61 | Are other funds available to self-governance Tribes/Consortia for planning and negotiating with non-BIA bureaus? |
|
|
| 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? |
|
|
| 1000.80 | What is the purpose of this subpart? |
|
|
| 1000.81 | What is an annual funding agreement (AFA)? |
|
|
| 1000.82 | 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? |
|
|
| 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? |
|
|
| 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? |
|
|
| 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? |
|
|
| 1000.120 | What is the purpose of this subpart? |
|
|
| 1000.121 | What is an annual funding agreement for a non-BIA program? |
|
|
| 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 non-BIA 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? |
|
|
| 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? |
|
|
| 1000.143 | May the bureaus negotiate terms to be included in an AFA for non-Indian programs? |
|
|
| 1000.144 | Can a Tribe reallocate funds for a non-BIA non-Indian 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? |
|
|
| 1000.160 | What is the purpose of this subpart? |
|
|
| 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? |
|
|
| 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? |
|
|
| 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? |
|
|
| 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? |
|
|
| 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? |
|
|
| 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? |
|
|
| 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? |
|
|
| 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 self-governance 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? |
|
|
| 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? |
|
|
| 1000.318 | When will the Secretary return management of a reassumed program? |
|
|
| 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? |
|
|
| 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 self-governance? |
|
|
| 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? |
|
|
| 1000.354 | 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? |
|
|
| 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? |
|
|
| 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 self-governance 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 Davis-Bacon Act apply to Tribes and Tribal Consortia? |
|
|
| 1000.408 | Can a Tribe/Consortium use Federal supply sources in the performance of an AFA? |
|
|
| 1000.409 | Does the Prompt Payment Act (31 U.S.C. 3901) apply to a non-BIA, non-Indian program AFA? |
|
|
| 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 IBCA? |
|
|
| 1000.430 | To whom are appeals directed 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? |
|
|
| 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? |
![[BACK ]](https://webarchive.library.unt.edu/eot2008/20081025210119im_/http://www.access.gpo.gov/su_docs/images/icons/lefticn2.gif){kind=icon}
![[BACK ]](https://webarchive.library.unt.edu/eot2008/20081025210119im_/http://www.access.gpo.gov/su_docs/images/icons/content.gif){kind=icon}