Title 25, Part 1000 — Annual Funding Agreements Under the Tribal Self-government Act Amendments to the Indian Self-determination and Education Act

What is the authority of this part?

What key terms do I need to know?

What is the purpose and scope of this part?

What is the congressional policy statement of this part?

What is the Secretarial policy of this part?

What is the effect on existing Tribal rights?

What is the effect of these regulations on Federal program guidelines, manual, or policy directives?

What happens if a court holds any provisions of these regulations in this part invalid?

What is the purpose of this subpart?

What is a “signatory”?

What is a “nonsignatory Tribe”?

Who may participate in Tribal self-governance?

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

What must a Tribe/Consortium submit to be selected to participate in Self-Governance?

What additional information may be submitted to the Secretary to facilitate negotiations?

May a Consortium member Tribe withdraw from the Consortium and be selected to participate in Self-Governance?

What is required during the “planning phase”?

When does a Tribe/Consortium have an uncorrected “significant and material audit exception”?

What are the consequences of having an uncorrected significant and material audit exception?

Is the Secretary required to provide technical assistance to improve a Tribe's/Consortium's internal controls?

How is a Tribe/Consortium selected to participate in Self-Governance?

When does OSG accept requests to participate in Self-Governance?

Are there any time frames to negotiate an initial compact or funding agreement for a Tribe not presently participating in self-governance?

How does a Tribe/Consortium withdraw its request to participate in Self-Governance?

What if more than 50 Tribes/Consortium apply to participate in Self-Governance?

What happens if a request is not complete?

What happens if a Tribe/Consortium is selected to participate but does not execute a compact and a funding agreement?

May a Tribe/Consortium be selected to negotiate a funding agreement under section 403(b)(2) of the Act without having or negotiating a funding agreement under 25 U.S.C. 5363(b)(1)?

May a Tribe/Consortium be selected to negotiate a funding agreement under section 403(c) (25 U.S.C. 5363(c)) without negotiating a funding agreement under 25 U.S.C. 5363(b)(1) and/or section 403(b)(2) (25 U.S.C. 5363(b)(2))?

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

How are funds redistributed when a withdrawing Tribe fully or partially withdraws from a compact and funding agreement and enters a new contract or compact?

If the withdrawing Tribe elects to operate a program carried out under a compact and funding agreement under title IV through a contract under title I, is the resulting contract considered a mature contract under 25 U.S.C. 5304(h)?

How are funds distributed when a withdrawing Tribe fully or partially withdraws from a Consortium's compact and funding agreement and the withdrawing Tribe does not enter a new contract or compact?

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

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

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?

What is the purpose of this subpart?

Are there grants available to assist Tribes/Consortia to meet the requirements to participate in self-governance?

What is required to request planning and negotiation grants?

Are planning and negotiation grants available?

Must a Tribe/Consortium receive a planning or negotiation grant to be eligible to participate in self-governance?

What happens if there are insufficient funds to award all of the requests for planning and negotiation grants in any given year?

May a Tribe/Consortium that has received a planning grant also receive a negotiation grant?

What are the Secretary's responsibilities upon a decision not to award a planning or negotiation grant?

May a Tribe/Consortium administratively appeal the Secretary's decision to not award a grant under this subpart?

What is the purpose of this subpart?

What funds are available to Tribes/Consortium for planning and negotiating activities with non-BIA bureaus?

What kinds of planning and negotiation activities for non-BIA programs does financial assistance from non-BIA bureaus support?

Who can apply to a non-BIA bureau for financial assistance to plan and negotiate non-BIA programs?

Under what circumstances may financial assistance for planning and negotiation activities with non-BIA bureaus be awarded to Tribes/Consortia?

How does the Tribe/Consortium know when and how to apply for financial assistance for planning and negotiation activities for a non-BIA program?

What must be included in the application for financial assistance for planning and negotiation activities for a non-BIA program?

How will the non-BIA bureau director/commissioner award financial assistance for planning and negotiation activities for a non-BIA program?

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

What are the non-BIA bureau director's/commissioner's responsibilities upon a decision to decline financial assistance?

Can an applicant administratively appeal a decision not to award financial assistance?

May a Tribe/Consortium reapply through a future planning and negotiation application if it has been previously denied?

Will the non-BIA bureau notify Tribes/Consortium of the results of the selection process?

What is a self-governance compact?

Which DOI office negotiates self-governance compacts?

What is included in a self-governance compact?

What provisions must be included in either a compact or funding agreement?

Is a compact required to participate in self-governance?

Can a Tribe/Consortium negotiate other terms and conditions?

What is the duration of a compact?

May a compact be amended?

Can a Tribe/Consortium have a funding agreement without having negotiated a compact?

May a participating Tribe/Consortium retain its existing compact which was executed prior to the enactment of Public Law 116-180?

What happens if the Tribe/Consortium and Secretary fail to reach an agreement on a compact?

What is the purpose of this subpart?

What is a funding agreement?

What must be included in a funding agreement?

Can additional provisions be included in a funding agreement?

Does a Tribe/Consortium have the right to include provisions of title I of Public Law 93-638 in a funding agreement?

What is the term of a funding agreement?

Can a Tribe/Consortium negotiate a funding agreement with a term that exceeds one year?

Does a funding agreement remain in effect after the end of its term?

May a participating Tribe/Consortium retain its existing funding agreement which was executed prior to the enactment of Public Law 116-180?

What PSFAs may be included in a funding agreement?

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

May a Tribe/Consortium redesign or consolidate the programs that are included in a funding agreement and reallocate funds for such programs?

Do Tribes/Consortium need Secretarial approval to redesign BIA programs that the Tribe/Consortium administers under a funding agreement?

Can the terms and conditions in a funding agreement be amended during the year it is in effect?

What funds must be transferred to a Tribe/Consortium under a funding agreement?

What funds may not be included in a funding agreement?

May the Secretary place any requirements on programs and funds that are otherwise available to Tribes/Consortium or Indians for which appropriations are made to agencies other than DOI?

What funds are used to carry out inherent Federal functions?

How does BIA determine the funding amount to carry out inherent Federal functions?

Is the amount of funds withheld by the Secretary to cover the cost of inherent Federal functions subject to negotiation?

May a Tribe/Consortium continue to negotiate a funding agreement pending an appeal of funding amounts associated with inherent Federal functions?

What is a Tribal share?

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

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

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

Are all funds identified as Tribal shares always paid to the Tribe/Consortium under a funding agreement?

How are savings that result from downsizing allocated?

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

Can funding amounts negotiated in a funding agreement be adjusted during the year it is in effect?

What are self-governance stable base budgets?

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

How are self-governance stable base budgets established?

How are self-governance stable base budgets adjusted?

What is the purpose of this subpart?

What is a funding agreement for a non-BIA program?

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

Are there non-BIA programs for which the Secretary must negotiate for inclusion in a funding agreement subject to such terms as the parties may negotiate?

What programs are included under section 403(b)(2) (25 U.S.C. 5363(b)(2))?

What programs are included under section 403(c) (25 U.S.C. 5363(c))?

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

Under section 403(b)(2) (25 U.S.C. 5363(b)(2)), when must programs be awarded non-competitively?

May a non-BIA bureau include in a funding agreement, on a non-competitive basis, programs of special geographic, historical, or cultural significance?

Are there any non-BIA programs that may not be included in a funding agreement?

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 funding agreement?

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

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

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

May a bureau negotiate with a Tribe/Consortium for programs not specifically included on the annual list pursuant to 25 U.S.C. 5372(c)?

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

When will this determination be made?

What funds are included in a non-BIA funding agreement?

How are indirect cost rates determined?

How does the Secretary determine the amount of indirect costs for a non-BIA funding agreement?

May the bureaus negotiate terms to be included in a funding agreement for non-BIA programs?

Can a Tribe/Consortium reallocate, consolidate, and redesign funds for a non-BIA program?

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

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

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

What happens if a funding agreement expires before the effective date of the successor Funding Agreement?

What is the purpose of this subpart?

What are the phases of the negotiation process?

Who may initiate the information phase?

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

How does a Tribe/Consortium initiate the information phase?

What information is a Tribe/Consortium encouraged to include in a Request to Initiate the Information Phase?

When should a Tribe/Consortium submit a Request to Initiate the Information Phase to the Secretary?

What steps does the bureau take after a Request to Initiate the Information Phase is submitted by a Tribe/Consortium?

How does a Tribe/Consortium initiate the negotiation phase?

How and when does the Secretary respond to a request to negotiate a compact or BIA funding agreement?

How and when does the Secretary respond to a request to negotiate a non-BIA funding agreement?

What is the process for conducting the negotiation phase?

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

What happens when a compact or funding agreement is signed?

What happens if the Tribe/Consortium and bureau negotiators fail to reach an agreement on a compact or funding agreement?

When does the funding agreement become effective?

What is a subsequent funding agreement?

How is the negotiation of a subsequent funding agreement initiated?

What is the process for negotiating a subsequent funding agreement?

What is the purpose of this subpart?

When should a final offer be submitted?

How does a Tribe/Consortium submit a final offer?

What does a final offer contain?

When does the 60-day review period begin?

How does the Department acknowledge receipt of final offer?

May the Secretary request and obtain an extension of time of the 60-day review period?

What happens if the Secretary takes no action within the 60-day period (or any extensions thereof)?

Once the Tribe/Consortium's final offer has been accepted or accepted by operation of law, what is the next step?

On what basis may the Secretary reject a final offer?

How does the Secretary reject a final offer?

What is the “significant danger” or “risk” to the public health or safety, to natural resources, or to trust resources?

Is technical assistance available to a Tribe/Consortium to overcome the objections stated in the Secretary's rejection of a final offer?

If the Secretary rejects all or part of a final offer, is the Tribe/Consortium entitled to an appeal?

Do those portions of the compact, funding agreement, or amendment not in dispute go into effect?

Does appealing the final offer decision prevent the Secretary and the Tribe/Consortium from entering into any accepted compact, funding agreement or amendment provisions that are not in dispute?

What is the burden of proof in an appeal of a rejection of a final offer?

What regulations apply to Tribes/Consortia?

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

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

How does a Tribe/Consortium obtain a waiver?

How does a Tribe/Consortium operating a Public Law 102-477 Plan obtain a waiver?

May a Tribe/Consortium request an optional meeting or other informal discussion to discuss a waiver request?

Is a bureau required to provide technical assistance to a Tribe/Consortium concerning waivers?

How does the Secretary respond to a waiver request?

When must the Secretary make a decision on a waiver request?

How does the Secretary make a decision on the waiver request?

What happens if the Secretary neither approves nor denies a waiver request within the time specified in § 1000.1240?

May a Tribe/Consortium appeal the Secretary's decision to deny its request for a waiver of a regulation?

What is the term of a waiver?

May a Tribe/Consortium withdraw a waiver request?

May a Tribe/Consortium have more than one waiver request pending before the Secretary at the same time?

May a Tribe/Consortium continue to negotiate a funding agreement pending final decision on a waiver request?

How is a waiver decision documented for the record?

What key construction terms do I need to know?

What construction projects and programs included in a funding agreement or construction project agreement are subject to this subpart?

May a program or project-specific grant or contracting mechanism involving construction and related activities satisfy the requirements of this subpart?

May the Secretary accept funds from another Department for a program or project involving construction and related activities for transfer to the Tribe/Consortium under its funding agreement or construction project agreement?

What alternatives are available for a Tribe/Consortium to perform a construction program or project?

Does this subpart create an agency relationship?

Is the Secretary required to consult with affected Tribes/Consortia concerning construction projects and programs?

When does the Secretary confer with a Tribe/Consortium concerning Tribal preferences as to size, location, type, and other characteristics of a project?

What does a Tribe/Consortium do if it wants to perform a construction project or program under 25 U.S.C. 5367?

What must a Tribal proposal for a construction program or project contain?

May multiple projects be included in a single construction project agreement or funding agreement that includes a construction project?

Must a construction project proposal incorporate provisions of Federal construction guidelines and manuals?

What provisions relating to a construction project or program may be included in a funding agreement or construction project agreement?

What provisions must a Tribe/Consortium include in a construction project agreement or funding agreement that contains a construction project or program?

What codes, standards and architects and engineers must a Tribe/Consortium use when performing a construction project under this part?

Are Tribes/Consortia required to carry out activities involving NEPA in order to enter into a construction project agreement?

How may a Tribe/Consortium elect to assume some Federal responsibilities under NEPA?

How may a Tribe/Consortium carry out activities involving NEPA without assuming some Federal responsibilities?

Are Tribes/Consortia required to adopt a separate resolution or take equivalent Tribal action to assume some environmental responsibilities of the Secretary under NEPA, NHPA, and related laws and regulations for each construction project?

What additional provisions of law are related to NEPA and NHPA?

What is the typical environmental review process for construction projects?

Is the Secretary required to take into account the Indigenous Knowledge of Tribes/Consortia when preparing environmental studies under NEPA, NHPA, and related provisions of other law and regulations?

May a Tribe/Consortium act as a cooperating agency or joint lead agency for environmental review purposes regardless of whether it exercises its option under § 1000.1370(a)(1)?

How does a Tribe/Consortium comply with NEPA and NHPA?

If a Tribe/Consortium adopts the environmental review procedures of a Federal agency, is the Tribe/Consortium responsible for ensuring the agency's policies and procedures meet the requirements of NEPA, NHPA, and related environmental laws?

Are Federal funds available to cover the cost of Tribes/Consortia carrying out environmental responsibilities?

How are project and program environmental review costs identified?

What costs may be included in the budget for a construction project or program?

May the Secretary reject a Tribe's/Consortium's final offer of a construction project proposal submitted under subpart I of this part based on a determination of Tribal capacity or capability?

On what basis may the Secretary reject a final offer of a construction project proposal made by a Tribe/Consortium?

What is the Secretary's role in a construction project performed under this subpart?

What constitutes a “significant change” in the original scope of work?

May the Secretary suspend construction activities under the terms of a funding agreement or construction project agreement under title IV of the ISDEAA?

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

What happens when a Tribe/Consortium, suspended under § 1000.1445 for substantial failure to carry out the terms of a funding agreement that includes a construction project or program or a construction project agreement under title IV of the ISDEAA without good cause, does not correct the failure during the suspension?

How does the Secretary make advance payments to a Tribe/Consortium under a funding agreement or construction project agreement?

Is a facility built under this subpart eligible for annual operation and maintenance funding?

What is the Tribe's/Consortium's role in a construction project included in a funding agreement or construction project agreement under this subpart?

Is a Tribe/Consortium required to submit construction project progress and financial reports for construction projects?

May a Tribe/Consortium continue work with construction funds remaining in a funding agreement or construction project agreement at the end of the funding year?

Must a construction project agreement or funding agreement that contains a construction project or activity incorporate provisions of Federal construction standards?

May the Secretary require design provisions and other terms and conditions for construction projects or programs included in a funding agreement or construction project agreement under section 403(c) (25 U.S.C. 5363(c))?

Do all provisions of other subparts apply to construction portions of a funding agreement or construction project agreement?

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?

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

May a Tribe/Consortium reallocate funds among construction programs?

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

What funding must the Secretary provide in a construction project agreement or funding agreement that includes a construction project or program?

Must Federal funds from other DOI sources be incorporated into a construction project agreement or funding agreement that includes a construction project or program?

May a Tribe/Consortium contribute funding to a project?

What is the purpose of this subpart?

What other statutes and regulations apply to FTCA coverage?

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

Is there a deadline for filing FTCA claims?

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?

Is it necessary for a compact or funding agreement to include any clauses about FTCA coverage?

Does FTCA apply to a compact and funding agreement if FTCA is not referenced in the compact or funding agreement?

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 of a compact, funding agreement, or subcontract?

Does this coverage extend to subcontractors of compacts and funding agreements?

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

What employees are covered by FTCA for claims arising out of a Tribe's/Consortia's performance of a compact or funding agreement?

Does FTCA cover employees of the Tribe/Consortium who are paid by the Tribe/Consortium from funds other than those provided through the funding agreement?

May persons who are not Indians or Alaska Natives assert claims under FTCA arising out of the performance of a compact or funding agreement by a Tribe/Consortium?

If the Tribe/Consortium or Tribe's/Consortium's employee receives a summons and/or a complaint alleging a tort covered by FTCA and arising out of the performance of a compact or funding agreement, what should the Tribe/Consortium do?

What is the purpose of this subpart?

What does reassumption mean?

Under what circumstances may the Secretary reassume a program operated by a Tribe/Consortium under a funding agreement?

What is “imminent jeopardy” to a trust asset?

What is “imminent jeopardy” to natural resources?

What is “imminent jeopardy” to public health and safety?

What steps must the Secretary take prior to reassumption becoming effective?

Does the Tribe/Consortium have a right to a hearing prior to a non-immediate reassumption becoming effective?

What happens if the Secretary determines that the Tribe/Consortium has not corrected the conditions that the Secretary identified in the written notice?

What is the earliest date on which a reassumption by the Secretary can be effective?

Does the Secretary have the authority to immediately reassume a program?

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

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

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

Is a Tribe's/Consortium's general right to negotiate a funding agreement adversely affected by a reassumption action?

When will the Secretary return management of a reassumed program?

What is the purpose of this subpart?

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

Who may retrocede a program in a funding agreement?

How does a Tribe/Consortium retrocede a program?

When will the retrocession become effective?

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

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

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

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?

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

What is the purpose of this subpart?

Does the Act alter the trust responsibility of the United States to Indian Tribes and individuals under self-governance?

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

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

Can a Tribe/Consortium request the Secretary to conduct an assessment of the status of the trust assets, resource, and PSFAs?

What is a trust evaluation?

How are trust evaluations conducted?

May the trust evaluation process be used for additional reviews?

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

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

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

Does the annual trust review evaluation include a review of the Secretary's inherent Federal and retained operation trust PSFAs?

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

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

Who is responsible for taking corrective action?

What are the requirements of the Department's review team report?

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

What is the purpose of this subpart?

Is the Secretary required to report on Self Governance?

What will the Secretary's annual report to Congress contain?

Is the Secretary required to review programs of the Department other than BIA, BIE, the Office of the Assistant Secretary for Indian Affairs, and the BTFA?

Is the Secretary required to annually publish information under this subpart in the Federal Register?

Must the Secretary seek comment on the report from Tribes/Consortia before submitting it to Congress?

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

Are there other data submissions or reports that Tribes/Consortia may be requested to submit?

Are Tribes/Consortia required to submit Single Audit Act reports?

Is there an exemption available for the requirement to submit Single Audit Act reports?

Are Tribes/Consortia required to maintain reports and records in accordance with 25 U.S.C. 5305?

How can a Tribe/Consortium hire a Federal employee to help implement a funding agreement?

Can a Tribe/Consortium employee be detailed to a Federal service position?

How does the Freedom of Information Act apply?

How does the Privacy Act apply?

What audit requirements must a Tribe/Consortium follow?

How do OMB circulars and the Act apply to funding agreements?

How much time does the Federal Government have to make a claim against a Tribe/Consortium relating to any disallowance of costs, based on an audit?

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

Are there any restrictions on how funds awarded to a Tribe/Consortium under a funding agreement may be spent?

What standard applies to a Tribe's/Consortium's management of funds awarded under a funding agreement?

How may interest or investment income that accrues on funds awarded under a funding agreement be used?

Can a Tribe/Consortium retain savings from programs?

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

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

How can a person or group appeal a decision or contest an action related to a program operated by a Tribe/Consortium under a funding agreement?

Must Tribes/Consortia comply with the Secretarial approval requirements of 25 U.S.C. 81; 82a; and 476 regarding professional and attorney contracts?

Are funds awarded under a funding agreement non-Federal funds for the purpose of meeting matching or cost participation requirements?

Does Indian preference apply to services, activities, programs, and functions performed under a funding agreement?

Do the wage and labor standards in the Davis-Bacon Act apply to Tribes and Tribal Consortia?

Can a Tribe/Consortium use Federal supply sources in the performance of a funding agreement?

Does the Prompt Payment Act (31 U.S.C. 3901) apply to a BIA funding Agreement?

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

Is a Tribe/Consortium obligated to continue performance under a compact or funding agreement if the Secretary does not transfer sufficient funds?

What is the purpose of this subpart?

How must disputes be handled?

Does a Tribe/Consortium have any options besides an appeal?

What is the Secretary's burden of proof for appeals in this subpart?

How does a Tribe/Consortium request an informal conference?

How is an informal conference held?

What happens after the informal conference?

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

What statutes and regulations govern resolution of disputes concerning signed funding agreements or compacts (and any signed amendments) that are appealed to the CBCA?

What decisions may a Tribe/Consortium appeal under §§ 1000.2345 through 1000.2395?

What decisions may not be appealed under §§ 1000.2345 through 1000.2395?

To Whom may a Tribe/Consortia appeal a decision under § 1000.2345?

How does a Tribe/Consortium know where and when to file an appeal?

Which officials is the appropriate bureau head or Assistant Secretary for purposes of subpart R?

When and how must a Tribe/Consortium appeal an adverse pre-award decision to the bureau head/Assistant Secretary?

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

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

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

What happens after a Tribe/Consortium files an appeal?

What procedures apply to Interior Board of Indian Appeals (IBIA) proceedings?

What regulations govern resolution of disputes that are appealed to the IBIA?

Will an appeal adversely affect the Tribe's/Consortium's rights in other compact, funding negotiations, or construction project agreement?

Will the decision on appeal be available for the public to review?

What happens in the case of an immediate reassumption under 25 U.S.C. 5366(b)?

Will there be a hearing?

What happens after the hearing?

Is the recommended decision always final?

If a Tribe/Consortium objects to the recommended decision, what action will the IBIA take?

Will an immediate reassumption appeal adversely affect the Tribe's/Consortium's rights in other self-governance negotiations?

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

Is a Tribe/Consortium required to have policies in place to address conflicts of interest?

What is an organizational conflict of interest?

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

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

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

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

What is the purpose of this subpart?

When does the Secretary consult with Tribes and Consortia on matters related to self-governance?

What principles should guide consultations with Tribes and Consortia?

What notice must the Secretary provide to Tribes and Consortia of an upcoming consultation?

Is the Secretary required to allow written comments by Tribes and Consortia following a consultation?

What record must the Secretary maintain following a consultation with Tribes and Consortia?

How must the Secretary handle confidential or sensitive information provided by Tribes and Consortia during a consultation?