served by the contract and the contractor that the contract will be rescinded, in whole or in part.

§ 900.250 What shall the second written notice include?

The second written notice shall include:

(a) The intended effective date of the reassumption;

(b) The details and facts supporting the intended reassumption; and

(c) Instructions that explain the Indian tribe or tribal organization's right to a formal hearing within 30 days of receipt of the notice.

$ 900.251 What is the earliest date on which the contract will be rescinded in a non-emergency reassumption?

The contract will not be rescinded by the Secretary before the issuance of a final decision in any administrative hearing or appeal.

$ 900.252 In an emergency reassump tion, what is the Secretary required to do?

(a) Immediately rescind, in whole or in part, the contract;

(b) Assume control or operation of all or part of the program; and

(c) Give written notice to the contractor and the Indian tribes or tribal organizations served.

§ 900.253 What shall the written notice include?

The written notice shall include the following:

(a) A detailed statement of the findings which support the Secretary's determination;

(b) A statement explaining the contractor's right to a hearing on the record under § 900.160 and § 900.161 within 10 days of the emergency reassumption or such later date as the contractor may approve;

(c) An explanation that the contractor may be reimbursed for actual and reasonable "wind up costs" incurred after the effective date of the rescission; and

(d) A request for the return of property, if any.

$900.254 May the contractor be reimbursed for actual and reasonable "wind up costs" incurred after the effective date of rescission?

Yes.

$900.255 What obligation does the Indian tribe or tribal organization have with respect to returning property that was used in the operation of the rescinded contract?

On the effective date of any rescission, the Indian tribe or tribal organization shall, at the request of the Secretary, deliver to the Secretary all property and equipment provided under the contract which has a per item current fair market value, less the cost of improvements borne by the Indian tribe or tribal organization, in excess of $5,000 at the time of the retrocession.

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?

ADMISSION INTO THE APPLICANT POOL 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)?

1000.28 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)? WITHDRAWAL FROM A CONSORTIUM ANNUAL FUNDING AGREEMENT

1000.32 What happens when a Tribe wishes to withdraw from a Consortium annual funding agreement?

1000.33 What amount of funding is to be removed from the Consortium's AFA for the withdrawing Tribe?

1000.34 What happens if there is a dispute between the Consortium and the withdrawing Tribe?

1000.35 When a Tribe withdraws from a Consortium, is the Secretary required to award to the withdrawing Tribe a portion of funds associated with a construction project if the withdrawing Tribe so requests?

Subpart C-Section 402(d) Planning and Negotiation Grants

PURPOSE AND TYPES OF GRANTS

1000.40 What is the purpose of this subpart? 1000.41 What types of grants are available?

AVAILABILITY, AMOUNT, AND NUMBER OF
GRANTS

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?

SELECTION CRITERIA

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?

ADVANCE PLANNING GRANT FUNDING 1000.49 Who can apply for an advance planning grant?

1000.50

What must a Tribe/Consortium seeking a planning grant submit in order to meet the planning phase requirements? 1000.51 How will Tribes/Consortia know when and how to apply for planning grants?

1000.52 What criteria will the Director use to award advance planning grants? 1000.53 Can Tribes/Consortia that receive advance planning grants also apply for a negotiation grant?

1000.54 How will a Tribe/Consortium know whether or not it has been selected to receive an advance planning grant? 1000.55 Can a Tribe/Consortium appeal within DOI the Director's decision not to award a grant under this subpart?

Subpart D-Other Financial Assistance for Planning and Negotiations Grants for Non-BIA Programs

PURPOSE AND ELIGIBILITY

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?

ELIGIBILITY AND APPLICATION PROCESS 1000.62 Who can apply to OSG for grants to plan and negotiate non-BIA programs? 1000.63 Under what circumstances

planning and negotiation grants
awarded to Tribes/Consortia?

may

be

1000.64 How does the Tribe/Consortium, know when and how to apply to OSG for a planning and negotiation grant? 1000.65 What kinds of activities do planning and negotiation grants support?

1000.66 What must be included in the application?

1000.67 How will the Director award planning and negotiation grants? 1000.68 May non-BIA bureaus provide technical assistance to a Tribe/Consortium in drafting its planning grant application? 1000.69 How can a Tribe/Consortium obtain comments or selection documents received or utilized after OSG has made a decision on a planning grant application? 1000.70 What criteria will the Director use to rank the applications and how many maximum points can be awarded for each criterion?

1000.71 Can an applicant appeal a decision not to award a grant?

1000.72 Will OSG notify Tribes/Consortia

and affected non-BIA bureaus of the results of the selection process? 1000.73 Once a Tribe/Consortium has been awarded a grant, may the Tribe/Consortium obtain information from a non-BIA bureau?

Subpart E-Annual Funding Agreements for Bureau of Indian Affairs Programs

1000.80 What is the purpose of this subpart? 1000.81 What is an annual funding agreement (AFA)?

CONTENTS AND SCOPE OF ANNUAL FUNDING AGREEMENTS

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?

DETERMINING WHAT PROGRAMS MAY BE
INCLUDED IN AN AFA

1000.86 What types of programs may be included in an AFA?

1000.87 How does the AFA specify the services provided, functions performed, and responsibilities assumed by the Tribe/ Consortium and those retained by the Secretary?

1000.88 Do Tribes/Consortia need Secretarial approval to redesign BIA programs that the Tribe/Consortium administers under an AFA?

1000.89 Can the terms and conditions in an AFA be amended during the year it is in effect?

1000.90 What happens if an AFA expires before the effective date of the successor AFA?

DETERMINING AFA AMOUNTS

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 and 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 funding that is distributed on a discretionary or competitive basis?