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e-CFR data is current as of March 4, 2021

Title 49Subtitle APart 29


TITLE 49—Transportation

Subtitle A—OFFICE OF THE SECRETARY OF TRANSPORTATION

PART 29—TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM

rule

Subpart A—GENERAL PROVISIONS

§29.1
What is the purpose and authority for this part?
§29.2
What is the Department's policy for the Program?
§29.3
What is the effect of this part on existing Tribal rights?
§29.4
How do Departmental circulars, policies, manuals, guidance, or rules apply to a Tribe's performance under the Program?
§29.5
Who is responsible for carrying out the functions connected with the Program?
§29.6
Must the Department consult with Tribes regarding matters that affect the Program?
§29.7
What is the effect of this Program on existing Tribal Transportation Program agreements?
§29.8
What happens if more than one party purports to be the authorized representative of a Tribe?
§29.9
What definitions apply to this part?
rule

Subpart B—ELIGIBILITY AND NEGOTIATION PROCESS

Eligibility

§29.100
What are the criteria for eligibility to participate in the Program?

Negotiations

§29.101
How does a Tribe commence negotiations for a compact, funding agreement, or amendment?
§29.102
What information should a Tribe provide to the Department when it expresses its interest in negotiating a compact, funding agreement, or amendment?
§29.103
How will the Department respond to a Tribe's written request?
§29.104
Must the Department and a Tribe follow a specific process when negotiating compacts, funding agreements, and amendments?
§29.105
Will negotiations commence or conclude within a specified time period?
§29.106
What are best practices to pursue negotiations?
§29.107
What recourse does the Department or the Tribe have if the negotiations reach an impasse?
§29.108
May the Department and the Tribe continue to negotiate after the Tribe submits a final offer?
§29.109
Who is responsible for drafting the compact or funding agreement?
rule

Subpart C—FINAL OFFER PROCESS

§29.200
What is covered by this subpart?
§29.201
In what circumstances should a Tribe submit a final offer?
§29.202
How does a Tribe submit a final offer?
§29.203
What must a final offer contain?
§29.204
How many days does the Department have to respond to a final offer?
§29.205
How does the Department acknowledge receipt of a final offer?
§29.206
May the Department request and obtain an extension of time of the 45-day review period?
§29.207
What happens if the Department takes no action within the 45-day review period (or any extensions thereof)?
§29.208
What happens once the Department accepts the Tribe's final offer or the final offer is accepted by operation of law?

Rejection of Final Offers

§29.209
On what basis may the Department reject a Tribe's final offer?
§29.210
How does the Department reject a final offer?
§29.211
Is technical assistance available to a Tribe to overcome rejection of a final offer?
§29.212
May a Tribe appeal the rejection of a final offer?
§29.213
If a Tribe appeals a final offer, do the remaining provisions of the compact, funding agreement, or amendment not in dispute go into effect?
rule

Subpart D—CONTENTS OF COMPACTS AND FUNDING AGREEMENTS

Compacts

§29.300
What is included in a compact?
§29.301
Is a compact required to participate in the Program?
§29.302
What is the duration of a compact?
§29.303
May more than one Tribe enter into a single compact and funding agreement?
§29.304
May a compact be amended?

Funding Agreements

§29.305
When can a Tribe initiate negotiation of a funding agreement?
§29.306
What is the duration of a funding agreement?
§29.307
What terms must a funding agreement include?
§29.308
May the funding agreement include additional terms from title I of the Indian Self-Determination and Education Assistance Act?
§29.309
Will a funding agreement include provisions pertaining to flexible or innovative financing?
§29.310
How is a funding agreement amended?
§29.311
Is a subsequent funding agreement retroactive to the end of the term of the preceding funding agreement?
rule

Subpart E—RULES AND PROCEDURES FOR TRANSFER AND USE OF FUNDS

§29.400
What funds may a Tribe elect to include in a funding agreement?
§29.401
What funds must the Department transfer to a Tribe in a funding agreement?
§29.402
Is the Tribe responsible for the funds included in a funding agreement?
§29.403
When must the Department transfer to a Tribe the funds identified in a funding agreement?
§29.404
When must the Department transfer funds that were not paid as part of the initial lump sum payment (or initial periodic payment)?
§29.405
When must the Department transfer funds for a discretionary or competitive grant?
§29.406
Does the award of funds for a discretionary or competitive grant entitle a Tribe to receive the same amount in subsequent years?
§29.407
Does the award of funds for discretionary or competitive grants entitle the Tribe to receive contract support costs?
§29.408
How may a Tribe use interest earned on funds included in a funding agreement?
§29.409
May a Tribe carry over from one fiscal year to the next any funds that remain at the end of the funding agreement?
§29.410
May a Tribe use remaining funds from a discretionary or competitive grant included in a funding agreement?
§29.411
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?
§29.412
May the Department increase the funds included in the funding agreement if necessary to carry out the Program?
§29.413
How will the Department assist a Tribe with its credit requests?
§29.414
What limitations apply to Department actions related to transfer of funds associated with PSFAs?
§29.415
Does the Prompt Payment Act apply to funds included in a funding agreement?
§29.416
What standard applies to a Tribe's management of funds included in a funding agreement?
§29.417
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?
§29.418
May a funding agreement include transfers of State funds?
§29.419
Does the award of formula funds entitle a Tribe to receipt of contract support costs?
§29.420
Is a Tribe entitled to enter into facility leases from the Department and to receive facility support costs?
§29.421
May a Tribe redesign, consolidate, reallocate, or redirect the funds included in a funding agreement?
rule

Subpart F—PROGRAM OPERATIONS

Audits and Cost Principles

§29.500
Must a Tribe undertake an annual audit?
§29.501
Must a Tribe submit any required audits to the Federal Audit Clearinghouse and the Department?
§29.502
Who is responsible for compiling, copying, and paying for materials for any audit or examination?
§29.503
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?
§29.504
What cost principles must a Tribe apply in compacts and funding agreements?

Standards for Tribal Management Systems

§29.505
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?
§29.506
What standards apply to a Tribe's financial management systems when carrying out a compact and funding agreement?
§29.507
What minimum requirements must a Tribe's financial management system include to meet the standards set forth in §29.506?
§29.508
What procurement standards apply to contracts carried out using funds included in a funding agreement?
§29.509
What property management systems and standards must a Tribe maintain?

Records

§29.510
Must a Tribe maintain a recordkeeping system?
§29.511
Are Tribal records subject to the Freedom of Information Act and Federal Privacy Act?
§29.512
Must a Tribe make its records available to the Department?
§29.513
How long must a Tribe keep and make available records?

Procurement

§29.514
When procuring property or services with funds included in a funding agreement, can a Tribe follow its own procurement standards?
§29.515
What are the minimum procurement standards that a Tribe must follow when procuring property or services with funds included in a funding agreement?
§29.516
Do Federal laws and regulations apply to a Tribe's contractors or subcontractors?
§29.517
Can a Tribe use Federal supply sources in the performance of a compact and funding agreement?

Reporting

§29.518
What reporting must a Tribe provide?

Property

§29.519
How may a Tribe use existing Department facilities, equipment, or property?
§29.520
How may a Tribe acquire surplus or excess Federal property for use under the Program?
§29.521
How must a Tribe use surplus or excess Federal property acquired under the Program?
§29.522
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?

Technical Assistance

§29.523
What technical assistance is available to a Tribe from the Department?

Prevailing Wages

§29.524
Do the wage and labor standards in the Davis-Bacon Act apply to employees of a Tribe?

Tribal Preference

§29.525
Does Indian preference apply to PSFAs under the Program?
§29.526
When do Tribal employment law and contract preference laws govern?

Environmental and Cultural Resource Compliance

§29.527
What compliance with environmental and cultural resource statutes is required?

Federal Tort Claims Act

§29.528
Is the Federal Tort Claims Act applicable to a Tribe when carrying out a compact and funding agreement?
§29.529
What steps should a Tribe take after becoming aware of a Federal Tort Claim?
§29.530
Is it necessary for a compact or funding agreement to include any terms about FTCA coverage?
§29.531
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?
§29.532
May persons who are not Indians assert claims under FTCA?
§29.533
Does the year PSFAs are funded affect FTCA coverage?

Waiver of Program Regulations

§29.534
What is the process for regulation waivers under this part?
rule

Subpart G—WITHDRAWAL

§29.600
May a Tribe withdraw from a consortium?
§29.601
When does a withdrawal from a consortium become effective?
§29.602
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?
§29.603
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?
rule

Subpart H—RETROCESSION

§29.700
May a Tribe retrocede a PSFA and the associated funds?
§29.701
How does a Tribe notify the Department of its intention to retrocede?
§29.702
What happens if the Department of the Interior determines that it provides the transportation services the Tribe intends to retrocede?
§29.703
What happens if the Department of the Interior determines that it does not provide the transportation services the Tribe intends to retrocede?
§29.704
When is the retrocession effective?
§29.705
What effect will a retrocession have on a Tribe's right to compact under the Program?
§29.706
Will retrocession adversely affect future funding available for the retroceded program?
rule

Subpart I—TERMINATION AND REASSUMPTION

§29.800
When can the Department reassume a compact or funding agreement?
§29.801
Can the Department reassume a portion of a compact or funding agreement and the associated funds?
§29.802
What process must the Department follow before termination of a compact or funding agreement (or portion thereof)?
§29.803
What happens if the Department determines that the Tribe has not corrected the conditions that the Department identified in the notice?
§29.804
When may the Department reassume?
§29.805
When can the Department immediately terminate a compact or funding agreement (or portion thereof)?
§29.806
Upon termination, what happens to the funds associated with the terminated portions of the compact or funding agreement?
rule

Subpart J—DISPUTE RESOLUTION AND APPEALS

§29.900
What is the purpose of this subpart?
§29.901
Can the Department and a Tribe resolve disputes using alternative dispute resolution processes?
§29.902
Does the Equal Access to Justice Act apply to the Program?
§29.903
What determinations may not be appealed under this subpart?

Pre-Award Decisions

§29.904
What are pre-award decisions that a Tribe may appeal?
§29.905
To whom does a Tribe appeal a pre-award decision?
§29.906
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?
§29.907
When and how must a Tribe appeal a pre-award decision?
§29.908
May a Tribe request an extension of time to file an administrative appeal?
§29.909
When and how must the hearing official respond to the Tribe's appeal?
§29.910
What is the Department's burden of proof for appeals of pre-award decisions?
§29.911
What is the effect of a pending appeal on negotiations?

Post-Award Disputes

§29.912
What is a post-award dispute?
§29.913
What is a claim under the Contract Disputes Act?
§29.914
How does a Tribe file a Contract Disputes Act claim?
§29.915
Must a Tribe certify a Contract Disputes Act claim?
§29.916
Who bears the burden of proof in a Contract Disputes Act claim?
§29.917
What is the Department's role in processing a Contract Disputes Act claim?
§29.918
What information must the Self-Governance Official's decision contain?
§29.919
When must the Self-Governance Official issue a written decision on the claim?
§29.920
Is a decision of the Self-Governance Official final?
§29.921
Where may the Tribe appeal the Self-Governance Official's decision on a Contract Disputes Act claim?
§29.922
May a party appeal a Civilian Board of Contract Appeals decision?
§29.923
What is the effect of a pending appeal?

Termination Appeals

§29.924
May a Tribe appeal the Department's decision to terminate a compact or funding agreement?
§29.925
Is a Tribe entitled to a hearing on the record?
§29.926
What rights do the Department and a Tribe have in an appeal of a termination decision?
§29.927
What notice and service must the Department and the Tribe provide?
§29.928
What is the Department's burden of proof for a termination decision?
§29.929
How will the Department communicate its decision following a hearing on a termination decision?
§29.930
May the Department or the Tribe appeal the decision of an administrative law judge?
§29.931
How can the Department or the Tribe obtain review of the recommended decision of an administrative law judge?
§29.932
May a Tribe appeal the decision of the Secretary?
§29.933
What is the effect of an appeal on negotiations?

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