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

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 tech

nical 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?

1000.120 What is the purpose of this subpart? 1000.121 What is an annual funding agreement for a non-BIA program?

ELIGIBILITY

1000.122 What non-BIA programs are eligible for inclusion in an AFA? 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, his

torical 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

FUNDING

1000.137 What funds are included in an AFA? 1000.138 How are indirect cost rates determined?

1000.139 Will the established indirect cost rate 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?

OTHER TERMS AND CONDITIONS 1000.143 May the bureaus negotiate terms to be included in an AFA for non-Indian programs?

REALLOCATION, DURATION AND AMENDMENTS 1000.144 Can a Tribe reallocate funds for a non-BIA non-Indian program? 1000.145 Do Tribes/Consortia need Secre

tarial 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?

Subpart G-Negotiation Process for Annual Funding Agreements

PURPOSE

1000.160 What is the purpose of this subpart?

NEGOTIATING A SELF-GOVERNANCE COMPACT 1000.161 What is a self-governance compact? 1000.162 What is included in a self-governance compact? 1000.163 Can a Tribe 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?

NEGOTIATION OF INITIAL ANNUAL FUNDING AGREEMENTS

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?

NEGOTIATION PROCESS FOR SUCCESSOR
ANNUAL FUNDING AGREEMENTS

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?

Subpart H-Limitation and/or Reduction of

Services, Contracts, and Funds

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 or 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?

Subpart I-Public Consultation Process 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?

Subpart J-Waiver of Regulations

1000.220 What regulations apply to self-gov

ernance 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 a reconsideration of the Secretary's denial of a waiver? 1000.232 When must DOI respond to a request for reconsideration?

Subpart K-Construction

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 inIcluded 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? Subpart L-Federal Tort Claims

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 govern

ment 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 the Tribe's/Consortium's employee receives a summons and/or complaint alleging a tort covered by FTCA, what should a Tribe/Consortium do?

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?

Subpart N-Retrocession

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 contractor 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?

Subpart O-Trust Evaluation Review 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?

ANNUAL TRUST EVALUATIONS

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 nontrust related programs?