e-CFR data is current as of March 4, 2021
TITLE 49—Transportation
Subtitle A—OFFICE OF THE SECRETARY OF TRANSPORTATION PART 29—TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM
Subpart A—GENERAL PROVISIONS
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| What is the purpose and authority for this part? |
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| What is the Department's policy for the Program? |
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| What is the effect of this part on existing Tribal rights? |
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| How do Departmental circulars, policies, manuals, guidance, or rules apply to a Tribe's performance under the Program? |
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| Who is responsible for carrying out the functions connected with the Program? |
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| Must the Department consult with Tribes regarding matters that affect the Program? |
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| What is the effect of this Program on existing Tribal Transportation Program agreements? |
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| What happens if more than one party purports to be the authorized representative of a Tribe? |
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| What definitions apply to this part? |
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Subpart B—ELIGIBILITY AND NEGOTIATION PROCESS
Eligibility
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| What are the criteria for eligibility to participate in the Program? |
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Negotiations
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| How does a Tribe commence negotiations for a compact, funding agreement, or amendment? |
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| What information should a Tribe provide to the Department when it expresses its interest in negotiating a compact, funding agreement, or amendment? |
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| How will the Department respond to a Tribe's written request? |
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| Must the Department and a Tribe follow a specific process when negotiating compacts, funding agreements, and amendments? |
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| Will negotiations commence or conclude within a specified time period? |
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| What are best practices to pursue negotiations? |
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| What recourse does the Department or the Tribe have if the negotiations reach an impasse? |
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| May the Department and the Tribe continue to negotiate after the Tribe submits a final offer? |
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| Who is responsible for drafting the compact or funding agreement? |
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Subpart C—FINAL OFFER PROCESS
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| What is covered by this subpart? |
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| In what circumstances should a Tribe submit a final offer? |
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| How does a Tribe submit a final offer? |
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| What must a final offer contain? |
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| How many days does the Department have to respond to a final offer? |
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| How does the Department acknowledge receipt of a final offer? |
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| May the Department request and obtain an extension of time of the 45-day review period? |
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| What happens if the Department takes no action within the 45-day review period (or any extensions thereof)? |
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| What happens once the Department accepts the Tribe's final offer or the final offer is accepted by operation of law? |
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Rejection of Final Offers
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| On what basis may the Department reject a Tribe's final offer? |
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| How does the Department reject a final offer? |
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| Is technical assistance available to a Tribe to overcome rejection of a final offer? |
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| May a Tribe appeal the rejection of a final offer? |
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| If a Tribe appeals a final offer, do the remaining provisions of the compact, funding agreement, or amendment not in dispute go into effect? |
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Subpart D—CONTENTS OF COMPACTS AND FUNDING AGREEMENTS
Compacts
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| What is included in a compact? |
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| Is a compact required to participate in the Program? |
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| What is the duration of a compact? |
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| May more than one Tribe enter into a single compact and funding agreement? |
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| May a compact be amended? |
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Funding Agreements
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| When can a Tribe initiate negotiation of a funding agreement? |
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| What is the duration of a funding agreement? |
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| What terms must a funding agreement include? |
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| May the funding agreement include additional terms from title I of the Indian Self-Determination and Education Assistance Act? |
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| Will a funding agreement include provisions pertaining to flexible or innovative financing? |
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| How is a funding agreement amended? |
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| Is a subsequent funding agreement retroactive to the end of the term of the preceding funding agreement? |
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Subpart E—RULES AND PROCEDURES FOR TRANSFER AND USE OF FUNDS
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| What funds may a Tribe elect to include in a funding agreement? |
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| What funds must the Department transfer to a Tribe in a funding agreement? |
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| Is the Tribe responsible for the funds included in a funding agreement? |
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| When must the Department transfer to a Tribe the funds identified in a funding agreement? |
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| When must the Department transfer funds that were not paid as part of the initial lump sum payment (or initial periodic payment)? |
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| When must the Department transfer funds for a discretionary or competitive grant? |
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| Does the award of funds for a discretionary or competitive grant entitle a Tribe to receive the same amount in subsequent years? |
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| Does the award of funds for discretionary or competitive grants entitle the Tribe to receive contract support costs? |
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| How may a Tribe use interest earned on funds included in a funding agreement? |
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| May a Tribe carry over from one fiscal year to the next any funds that remain at the end of the funding agreement? |
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| May a Tribe use remaining funds from a discretionary or competitive grant included in a funding agreement? |
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| Are funds included in a compact and funding agreement non-Federal funds for purposes of meeting matching or cost participation requirements under any other Federal or non-Federal program? |
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| May the Department increase the funds included in the funding agreement if necessary to carry out the Program? |
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| How will the Department assist a Tribe with its credit requests? |
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| What limitations apply to Department actions related to transfer of funds associated with PSFAs? |
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| Does the Prompt Payment Act apply to funds included in a funding agreement? |
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| What standard applies to a Tribe's management of funds included in a funding agreement? |
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| Must a Tribe continue performance of the Tribal Transportation Program or the Tribal Transit Program under a compact and funding agreement if the Department does not transfer sufficient funds? |
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| May a funding agreement include transfers of State funds? |
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| Does the award of formula funds entitle a Tribe to receipt of contract support costs? |
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| Is a Tribe entitled to enter into facility leases from the Department and to receive facility support costs? |
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| May a Tribe redesign, consolidate, reallocate, or redirect the funds included in a funding agreement? |
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Subpart F—PROGRAM OPERATIONS
Audits and Cost Principles
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| Must a Tribe undertake an annual audit? |
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| Must a Tribe submit any required audits to the Federal Audit Clearinghouse and the Department? |
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| Who is responsible for compiling, copying, and paying for materials for any audit or examination? |
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| How may the Federal Government make a claim against a Tribe relating to any disallowance of costs based on an audit conducted under this part? |
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| What cost principles must a Tribe apply in compacts and funding agreements? |
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Standards for Tribal Management Systems
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| What are the financial management systems that a Tribe carrying out a compact and funding agreement must develop, implement, and maintain to ensure the proper expenditure and accounting of Federal funds? |
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| What standards apply to a Tribe's financial management systems when carrying out a compact and funding agreement? |
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| What minimum requirements must a Tribe's financial management system include to meet the standards set forth in §29.506? |
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| What procurement standards apply to contracts carried out using funds included in a funding agreement? |
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| What property management systems and standards must a Tribe maintain? |
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Records
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| Must a Tribe maintain a recordkeeping system? |
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| Are Tribal records subject to the Freedom of Information Act and Federal Privacy Act? |
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| Must a Tribe make its records available to the Department? |
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| How long must a Tribe keep and make available records? |
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Procurement
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| When procuring property or services with funds included in a funding agreement, can a Tribe follow its own procurement standards? |
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| What are the minimum procurement standards that a Tribe must follow when procuring property or services with funds included in a funding agreement? |
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| Do Federal laws and regulations apply to a Tribe's contractors or subcontractors? |
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| Can a Tribe use Federal supply sources in the performance of a compact and funding agreement? |
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Reporting
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| What reporting must a Tribe provide? |
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Property
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| How may a Tribe use existing Department facilities, equipment, or property? |
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| How may a Tribe acquire surplus or excess Federal property for use under the Program? |
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| How must a Tribe use surplus or excess Federal property acquired under the Program? |
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| If a compact or funding agreement (or portion thereof) is retroceded, reassumed, terminated, or expires, may the Department reacquire title to property purchased with funds under any compact and funding agreement or excess or surplus Federal property that was donated to the Tribe under the Program? |
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Technical Assistance
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| What technical assistance is available to a Tribe from the Department? |
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Prevailing Wages
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| Do the wage and labor standards in the Davis-Bacon Act apply to employees of a Tribe? |
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Tribal Preference
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| Does Indian preference apply to PSFAs under the Program? |
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| When do Tribal employment law and contract preference laws govern? |
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Environmental and Cultural Resource Compliance
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| What compliance with environmental and cultural resource statutes is required? |
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Federal Tort Claims Act
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| Is the Federal Tort Claims Act applicable to a Tribe when carrying out a compact and funding agreement? |
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| What steps should a Tribe take after becoming aware of a Federal Tort Claim? |
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| Is it necessary for a compact or funding agreement to include any terms about FTCA coverage? |
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| Does FTCA cover employees of the Tribe who are paid by the Tribe from funds other than those provided through the compact and funding agreement? |
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| May persons who are not Indians assert claims under FTCA? |
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| Does the year PSFAs are funded affect FTCA coverage? |
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Waiver of Program Regulations
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| What is the process for regulation waivers under this part? |
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Subpart G—WITHDRAWAL
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| May a Tribe withdraw from a consortium? |
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| When does a withdrawal from a consortium become effective? |
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| How are funds redistributed when a Tribe fully or partially withdraws from a compact and funding agreement administered by a consortium serving more than one Tribe and elects to enter into a compact and funding agreement with the Department? |
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| How are funds distributed when a Tribe fully or partially withdraws from a compact and funding agreement administered by a consortium serving more than one Tribe, and the withdrawing Tribe elects not to or is ineligible to enter into a compact and funding agreement? |
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Subpart H—RETROCESSION
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| May a Tribe retrocede a PSFA and the associated funds? |
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| How does a Tribe notify the Department of its intention to retrocede? |
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| What happens if the Department of the Interior determines that it provides the transportation services the Tribe intends to retrocede? |
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| What happens if the Department of the Interior determines that it does not provide the transportation services the Tribe intends to retrocede? |
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| When is the retrocession effective? |
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| What effect will a retrocession have on a Tribe's right to compact under the Program? |
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| Will retrocession adversely affect future funding available for the retroceded program? |
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Subpart I—TERMINATION AND REASSUMPTION
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| When can the Department reassume a compact or funding agreement? |
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| Can the Department reassume a portion of a compact or funding agreement and the associated funds? |
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| What process must the Department follow before termination of a compact or funding agreement (or portion thereof)? |
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| What happens if the Department determines that the Tribe has not corrected the conditions that the Department identified in the notice? |
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| When may the Department reassume? |
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| When can the Department immediately terminate a compact or funding agreement (or portion thereof)? |
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| Upon termination, what happens to the funds associated with the terminated portions of the compact or funding agreement? |
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Subpart J—DISPUTE RESOLUTION AND APPEALS
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| What is the purpose of this subpart? |
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| Can the Department and a Tribe resolve disputes using alternative dispute resolution processes? |
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| Does the Equal Access to Justice Act apply to the Program? |
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| What determinations may not be appealed under this subpart? |
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Pre-Award Decisions
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| What are pre-award decisions that a Tribe may appeal? |
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| To whom does a Tribe appeal a pre-award decision? |
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| Must a Tribe exhaust its administrative remedies before initiating a civil action against the Department in the U.S. District Courts for a pre-award decision? |
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| When and how must a Tribe appeal a pre-award decision? |
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| May a Tribe request an extension of time to file an administrative appeal? |
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| When and how must the hearing official respond to the Tribe's appeal? |
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| What is the Department's burden of proof for appeals of pre-award decisions? |
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| What is the effect of a pending appeal on negotiations? |
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Post-Award Disputes
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| What is a post-award dispute? |
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| What is a claim under the Contract Disputes Act? |
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| How does a Tribe file a Contract Disputes Act claim? |
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| Must a Tribe certify a Contract Disputes Act claim? |
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| Who bears the burden of proof in a Contract Disputes Act claim? |
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| What is the Department's role in processing a Contract Disputes Act claim? |
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| What information must the Self-Governance Official's decision contain? |
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| When must the Self-Governance Official issue a written decision on the claim? |
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| Is a decision of the Self-Governance Official final? |
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| Where may the Tribe appeal the Self-Governance Official's decision on a Contract Disputes Act claim? |
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| May a party appeal a Civilian Board of Contract Appeals decision? |
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| What is the effect of a pending appeal? |
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Termination Appeals
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| May a Tribe appeal the Department's decision to terminate a compact or funding agreement? |
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| Is a Tribe entitled to a hearing on the record? |
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| What rights do the Department and a Tribe have in an appeal of a termination decision? |
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| What notice and service must the Department and the Tribe provide? |
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| What is the Department's burden of proof for a termination decision? |
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| How will the Department communicate its decision following a hearing on a termination decision? |
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| May the Department or the Tribe appeal the decision of an administrative law judge? |
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| How can the Department or the Tribe obtain review of the recommended decision of an administrative law judge? |
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| May a Tribe appeal the decision of the Secretary? |
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| What is the effect of an appeal on negotiations? |
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