---
kind: "section"
citation: "25 C.F.R. § 1000.1050"
title: "25"
number: "1000.1050"
heading: "How and when does the Secretary respond to a request to negotiate a non-BIA funding agreement?"
url: "https://uscodex.org/cfr/25/1000.1050"
---

# §1000.1050. How and when does the Secretary respond to a request to negotiate a non-BIA funding agreement?


Within 15 days of receiving a Tribe's/Consortium's Request to Initiate the Negotiation Phase for a non-BIA funding agreement, the Department will take the steps in this section:

- (a) If the program involves multiple bureaus, the Secretary will identify the lead Federal negotiator(s);
- (b) If the program is authorized for negotiations by [25 U.S.C. 5363(b)(2)](/usc/25/5363.md?p=b-2), the bureau will identify the lead Federal negotiator(s).
- (c) If the program may be authorized for negotiations by [25 U.S.C. 5363(c)](/usc/25/5363.md?p=c), the bureau will identify the lead Federal negotiator(s) and schedule a pre-negotiation discussion with the Tribe/Consortium as soon as possible. The purpose of the discussion is to assist the bureau in determining if the program is available for negotiation. If there is agreement that a program is eligible for inclusion in a funding agreement, the parties may jointly agree to waive this discussion.
- (d) Within 10 days after convening a discussion under [paragraph (c)](#c) of this section, or no later than 30 days of receipt by the Secretary of the Tribe's/Consortium's Request to Initiate the Negotiation Phase:
  - (1) If the program is available for inclusion in a funding agreement, the bureau will begin negotiating a non-BIA funding agreement in accordance with subpart G of this part; or
  - (2) If the program is unavailable for negotiation, the bureau will provide a written explanation of why the program is unavailable for inclusion in a funding agreement.

## Notes

### Authority

Authority: 25 U.S.C. 5373

### Source

Source: 89 FR 100245, Dec. 11, 2024, unless otherwise noted.