$ 900.245 What obligation does the Indian tribe or tribal organization have with respect to returning property that was used in the operation of the retroceded program?

On the effective date of any retrocession, the Indian tribe or tribal organization shall, at the request of the Secretary, deliver to the Secretary all requested property and equipment provided under the contract which have 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.

§ 900.246 What does reassumption mean?

Reassumption means rescission, in whole or in part, of a contract and assuming or resuming control or operation of the contracted program by the Secretary without consent of the Indian tribe or tribal organization. There

are two types of reassumption: emergency and non-emergency.

§ 900.247 Under what circumstances is a reassumption considered an emergency instead of non-emergency reassumption?

(a) A reassumption is considered an emergency reassumption if an Indian tribe or tribal organization fails to fulfill the requirements of the contract and this failure poses:

(1) An immediate threat of imminent harm to the safety of any person; or

(2) Imminent substantial and irreparable harm to trust funds, trust lands, or interest in such lands.

(b) A reassumption is considered a non-emergency reassumption if there has been:

(1) A violation of the rights or endangerment of the health, safety, or welfare of any person; or

(2) Gross negligence or mismanagement in the handling or use of: (i) Contract funds;

(ii) Trust funds; (iii) Trust lands; or

(iv) Interests in trust lands under the contract.

$900.248 In a

re

non-emergency assumption, what is the Secretary required to do?

The Secretary must:

(a) Notify the Indian tribes or tribal organizations served by the contract and the contractor in writing by certified mail of the details of the deficiencies in contract performance;

(b) Request specified corrective action to be taken within a reasonable period of time, which in no case may be less than 45 days; and

(c) Offer and provide, if requested, the necessary technical assistance and advice to assist the contractor to overcome the deficiencies in contract performance. The Secretary may also make a grant for the purpose of obtaining such technical assistance as provided in section 103 of the Act.

§ 900.249 What happens if the contractor fails to take corrective action to remedy the contract deficiencies identified in the notice?

The Secretary shall provide a second written notice by certified mail to the Indian tribes or tribal organizations

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 reassumption, 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)?

1000.26 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 selfgovernance Tribes?

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 to

May a Tribe/Consortium be selected 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 insuffi-
cient 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?